Adds a new subsection (c) to GS 15A-1201 to require that a trial judge do all of the following before consenting to a defendant' waiver of the right to trial by jury: (1) ask the prosecutor if the state objects to the waiver, and if the state does object, ask the prosecutor to provide the grounds for the state's objection; (2) personally address the defendant and ascertain as to whether the defendant fully understands and appreciates the consequences of waiving the right to trial by jury; (3) review the arguments from the state and the defendant regarding the defendant's waiver of a jury trial; and (4) determine if the defendant's waiver is offered in good faith or a tactic to obtain an otherwise impermissible procedural advantage.
Effective October 1, 2015, and applies to offenses committed on or after that date.
WAIVE JURY TRIAL/PROCEDURES.
Printer-friendly: Click to view
View NCGA Bill Details(link is external) | 2015-2016 Session |
AN ACT TO PROVIDE THAT CERTAIN ITEMS MUST BE TAKEN INTO CONSIDERATION PRIOR TO CONSENTING TO A DEFENDANT'S REQUEST TO WAIVE THE RIGHT TO TRIAL BY JURY.Intro. by Lee.
Status: Re-ref Com On Judiciary I (Senate Action) (Apr 20 2015)
Bill History:
-
Thu, 26 Mar 2015 Senate: Filed(link is external)
-
Mon, 30 Mar 2015 Senate: Passed 1st Reading(link is external)
-
Mon, 20 Apr 2015 Senate: Withdrawn From Com(link is external)
-
Mon, 20 Apr 2015 Senate: Re-ref Com On Judiciary I(link is external)
S 684
Bill Summaries:
-
Bill S 684 (2015-2016)Summary date: Mar 31 2015 - View Summary
View: All Summaries for Bill