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  • Summary date: Apr 6 2023 - View Summary

    Amends GS 15A-304(b) to only allow issuance of an arrest warrant for probable cause based solely a sworn affidavit or oral testimony of a person (who is not a sworn law enforcement officer) to allegations of domestic violence. Eliminates citizen-initiated warrants where there is corroborating testimony of the facts establishing probable cause from a sworn law enforcement officer or at least one disinterested witness; the issuing official finds that obtaining investigation of the alleged offenses by a law enforcement agency would constitute a substantial burden for the complainant; or the official finds substantial evidence of at least one of the circumstances listed in subdivision (b)(1) where it appears to the official that the person named should be taken into custody, such as failure to appear when previously summoned, danger that the person accused will escape, danger that there may be injury to person or property, or the seriousness of the offense. Effective October 1, 2023, and applies to processes issued on or after that date.