WAIVE JURY TRIAL/PROCEDURES.

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View NCGA Bill Details2015-2016 Session
Senate Bill 684 (Public) Filed Thursday, March 26, 2015
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:

S 684

Bill Summaries:

  • Summary date: Mar 31 2015 - View Summary

    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.