AN ACT TO MODIFY LAWS RELATING TO PRETRIAL RELEASE. SL 2023-75. Enacted July 7, 2023. Effective July 7, 2023, except as otherwise provided.
Bill Summaries: H813 THE PRETRIAL INTEGRITY ACT.
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Bill H 813 (2023-2024)Summary date: Jul 10 2023 - View Summary
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Bill H 813 (2023-2024)Summary date: Jun 22 2023 - View Summary
Senate committee substitute to the 4th edition makes the following changes. Amends GS 15A-533(h) (right to pretrial release in capital and noncapital cases) to permit a magistrate to set conditions of pretrial release at any time if the new offense is a violation of GS Chapter 20 (motor vehicle violations) unless the new offense is an alleged violation of GS 20-138.1 (impaired driving), GS 20-138.2 (impaired driving in commercial vehicle), GS 20-138.2A (operating a commercial vehicle after consuming alcohol), GS 20-138.2B (operating a school bus, school activity bus, child care vehicle, ambulance, other EMS vehicle, firefighting vehicle, or law enforcement vehicle after consuming alcohol), GS 20-138.5 (habitual impaired driving) or GS 20-141.4 (felony and misdemeanor death by vehicle, felony serious injury by vehicle, aggravated offenses, repeat felony death by vehicle).
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Bill H 813 (2023-2024)Summary date: Jun 14 2023 - View Summary
Senate committee substitute to the 3rd edition makes the following changes. Amends GS 15A-533(h) (right to pretrial release in capital and noncapital cases) as follows. Now requires that the judge return the entirety of any criminal history report and risk assessment provided to the court for a determination of pretrial release to the providing agency or department (previously only information obtained from a restricted database was returned). Deletes provisions specifying that nonrestricted information from such reports become part of the court record. Makes clarifying changes.
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Bill H 813 (2023-2024)Summary date: May 3 2023 - View Summary
House committee substitute to the 2nd edition makes the following changes. Amends GS 15A-533(h) (right to pretrial release in capital and noncapital cases) as follows. Adds a pretrial services program to the entities that must provide defendant information to the judge and expands upon the information to also include risk assessments. Requires a judge setting conditions of pretrial release to return any criminal history/risk assessment report obtained from a confidential database to the providing agency or department (previously, no distinction between confidential and nonconfidential sources of information in return requirement). Now specifies that the nonrestricted information will become part of the court record.
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Bill H 813 (2023-2024)Summary date: May 2 2023 - View Summary
House committee substitute to the 1st edition makes the following changes. Deletes changes to GS 7B-1906(b) that would have mandated that a juvenile being held in secure or nonsecure custody for an offense that would be a Class A felony if committed by an adult is not entitled to the subsequent hearings on the need for secure or nonsecure custody held in 10-day intervals under that subsection. Amends subsection (b1)(2) to now include any juvenile who was aged 13 through 15 at the time they allegedly committed an offense that would be a Class A felony if committed by an adult (was, just a juvenile who is alleged to have committed an offense that would be a Class A felony if committed by an adult) to the criteria under that subsection for continued hearings on secure custody at 30-day intervals. Amends GS 15A-533 to increase the number of listed offenses from 14 to 18 that trigger a judicial determination of whether a defendant should be released before trial. Those 18 offenses are now: (1) GS 14-17 (First or second degree murder) or an attempt to commit first or second degree murder, (2) GS 14-39 (First or second degree kidnapping), (3) GS 14-27.21 (First degree forcible rape), (4) GS 14-27.22 (Second degree forcible rape), (5) GS 14-27.23 (Statutory rape of a child by an adult), (6) GS 14-27.24 (First degree statutory rape), (7) GS 14-27.25 (Statutory rape of person who is 15 years of age or younger), (8) GS 14-27.26 (First degree forcible sexual offense), (9) GS 14-27.27 (Second degree forcible sexual offense), (10) GS 14-27.28 (Statutory sexual offense with a child by an adult), (11) GS 14-27.29 ( First degree statutory sexual offense), (12) GS 14-27.30 (Statutory sexual offense with a person who is 15 years of age or younger), (13) GS 14-43.11 (Human trafficking), (14) GS 14-32(a) (Assault with a deadly weapon with intent to kill inflicting serious injury), (15) GS 14-34.1 (Discharging certain barreled weapons or a firearm into occupied property), (16) First degree burglary pursuant to GS 14-51, (17) First degree arson pursuant to GS 14-58, and (18) GS 14-87 (Robbery with firearms or other dangerous weapons) (previously, no statutory citations listed in citations and offenses were first or second degree murder, kidnapping, rape, or sexual offense; attempted murder; first degree statutory rape, statutory rape of or sexual offense against a child by an adult; statutory rape of or sexual offense against a person who is 15 years of age or younger; human trafficking; assault with a deadly weapon with intent to kill inflicting serious injury; discharging a firearm or barreled weapon into occupied property or any other conveyance while the property or conveyance is occupied; first degree burglary or arson; or robbery with a dangerous weapon).
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Bill H 813 (2023-2024)Summary date: Apr 21 2023 - View Summary
Amends subsection (b) of GS 7B-1906 to mandate that a juvenile being held in secure or nonsecure custody for an offense that would be a Class A felony if committed by an adult is not entitled to the subsequent hearings on the need for secure or nonsecure custody held in 10-day intervals under that subsection. Amends subsection (b1) to include any juvenile alleged to have committed an offense that would be a Class A felony if committed by an adult to the criteria under that subsection for continued hearings on secure custody at 30-day intervals. Reorganizes that subsection for clarity. Effective and applies to offenses committed on or after October 1, 2023.
Amends GS 15A-533 to provide that a judge must determine, in the judge’s discretion, if a defendant should be released before trial for 14 listed offenses, ranging from murder to robbery with a dangerous weapon. Allows the judge to set pretrial release conditions for the offenses in accordance with GS 15A-534. Requires that if a defendant commits a new offense while on pretrial release, a judge must determine the conditions of pretrial release for the new offense. The judge must consider a criminal history report prepared by a law enforcement officer or district attorney, and may not take longer than 48 hours to make a determination on pretrial release conditions. Effective and applies to offenses committed on or after October 1, 2023.