Bill Summary for H 173 (2015-2016)

Summary date: 

Jul 23 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 173 (Public) Filed Monday, March 9, 2015
AN ACT TO AMEND VARIOUS CRIMINAL LAWS FOR THE PURPOSE OF IMPROVING TRIAL COURT EFFICIENCY.
Intro. by Stam, Faircloth, Glazier, Turner.

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Bill summary

Senate committee substitute makes the following changes to the 3rd edition.

Changes the effective date of the changes to GS 7A-304(a) and GS 20-24.2(a) (extending the time to avoid the court costs for failure to pay) from July 1, 2015, to December 1, 2015, except provides that a failure to pay after 20 days that occurs before the effective date is not abated or affected by the act and the statutes that would be applicable but for the act remain applicable to that failure to pay.

Deletes Part IV of the act, amending GS 20-38.7(c) and instead amends GS 15A-1347 to add that if a defendant appeals an activation of a sentence as a result of a finding of a probation violation, probation supervision will continue under the same conditions until the earlier of the termination date of the supervision or disposition of the appeal.

Deletes Part VII of the act, amending GS 112C-251(d) and enacting new GS 122C-210.3. Replaces it with a new Part VII that amends GS 7B-323 (concerning petitions for judicial review of determinations of abuse or serious neglect) to allow a party to appeal the district court's decision under GS 7A-27(b)(2), which provides that appeal lies of right directly to the court of appeals from any final judgment of a district court in a civil action (was, appeal allowed under GS 7A-27(c), which has been repealed).

Deletes Part VII from the act, which amended GS 50B-4.1(d), concerning enhanced penalties for violations of protective orders.

Deletes Part VIII from the act, which amended GS 14-50.43(d) concerning extension of orders entered in street gang nuisance abatement cases after court hearing.

Makes conforming changes.

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