PRETRIAL RELEASE/REBUTTABLE PRESUMPTION.

View NCGA Bill Details2013-2014 Session
Senate Bill 316 (Public) Filed Wednesday, March 13, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A REBUTTABLE PRESUMPTION EXISTS IN CERTAIN CIRCUMSTANCES THAT A PERSON CHARGED WITH A FELONY OR CLASS A1 MISDEMEANOR OFFENSE INVOLVING THE ILLEGAL USE, POSSESSION, OR DISCHARGE OF A FIREARM SHOULD NOT BE RELEASED PRIOR TO TRIAL, AND TO AMEND CERTAIN BOND PROVISIONS.
Intro. by McKissick, Woodard.

Status: Ch. SL 2013-298 (Senate Action) (Jul 18 2013)

SOG comments (1):

Long title change

The Senate committee substitute to the 1st edition changes the act's long title. The original long title was: A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A REBUTTABLE PRESUMPTION EXISTS IN CERTAIN CIRCUMSTANCES THAT A PERSON CHARGED WITH A FELONY OR CLASS A1 MISDEMEANOR OFFENSE INVOLVING THE ILLEGAL USE, POSSESSION, OR DISCHARGE OF A FIREARM SHOULD NOT BE RELEASED PRIOR TO TRIAL.

S 316/S.L. 2013-298

Bill Summaries:

  • Summary date: Jul 22 2013 - More information

    AN ACT TO PROVIDE THAT A REBUTTABLE PRESUMPTION EXISTS IN CERTAIN CIRCUMSTANCES THAT A PERSON CHARGED WITH A FELONY OR CLASS A1 MISDEMEANOR OFFENSE INVOLVING THE ILLEGAL USE, POSSESSION, OR DISCHARGE OF A FIREARM SHOULD NOT BE RELEASED PRIOR TO TRIAL, AND TO AMEND CERTAIN BOND PROVISIONS. Enacted July 18, 2013. Effective December 1, 2013.


  • Summary date: Mar 28 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 15A-534 regardingprocedures for determining the conditions of pretrial release.Increases the amount of a secured appearance bond to a minimum of $1,000 (was, $500) for a defendant who has failed to appear on one or more occasions and no bond has yet been required for the charges.

    Directs the judicial official to require the execution of a secured appearance bond that is at least double the amount of the most recent previous secured or unsecured bond when theconditions of pretrial release are being determined for a defendant who is (1) charged with an offenseand (2) currently on pretrial release for a previous offense.However, provides that if no bond has yet been required for the charges, then the secured appearance bond is to be set at a minimum of $1,000.

    Makes conforming changes to the act's title.


  • Summary date: Mar 13 2013 - More information

    Identical to H 251, filed 3/6/13.

    Amends GS 15A-533 to create a rebuttable presumption that no condition of release will assure a person's appearance if a judicial official finds that there is reasonable cause to believe that the person committed a felony or Class A1 misdemeanor involving the illegal use, possession, or discharge of a firearm, and the official also finds (1) the offense was committed while the person was on pretrial release for another felony or Class A1 misdemeanor involving the use, possession, or discharge of a firearmĀ or (2) the person was previously convicted of such a felony or Class A1 misdemeanor and no more than five years have elapsed since the later of the date of conviction or the person's release for the offense. Applies to proceedings to determine pretrial release conditions on or after December 1, 2013.


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