Bill Summary for S 399 (2013-2014)

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Summary date: 

Mar 21 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 399 (Public) Filed Thursday, March 21, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION TO PROVIDE THAT A PERSON ACCUSED OF ANY CRIMINAL OFFENSE IN SUPERIOR COURT FOR WHICH THE STATE IS NOT SEEKING A SENTENCE OF DEATH MAY WAIVE THE RIGHT TO TRIAL BY JURY AND INSTEAD BE TRIED BY A JUDGE.
Intro. by Brunstetter.

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Bill summary

Subject to the approval of voters at a statewide general election held on November 4, 2014, amends Section 24 of Article I of the state constitution to allow a person accused of a crime to, in writing or on the record, with the trial judge's consent, waive jury trial, subject to regulations by the General Assembly. If approved by voters, the amendment becomes effective December 1, 2004, and applies to criminal offenses arraigned in superior court on or after that date.

Amends GS 15A-1201 to allow a defendant in a criminal case in superior court to waive the right to trial by jury with the judge's consent, in writing or on the record. Provides that when a defendant waives that right, the jury is dispensed and the whole matter of law and fact is to be heard by the court. Effective December 1, 2014, only if the constitutional amendment is approved.