Bill Summary for H 217 (2013-2014)

Summary date: 

Apr 18 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 217 (Public) Filed Tuesday, March 5, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR PROBATION REVOCATION HEARINGS IN DISTRICT COURT WITH A RIGHT OF DIRECT APPEAL TO THE COURT OF APPEALS, TO ALLOW FOR AN UNRESTRICTED RESENTENCING HEARING UPON THE REVERSAL OF A SENTENCE ON APPELLATE REVIEW, TO AMEND THE PROCEDURE IN DRIVING WHILE IMPAIRED CASES, TO PROVIDE FOR THE TRANSFER OF JUVENILE DEFENDANTS TO SUPERIOR COURT WHEN CHARGED WITH A MAJOR CRIMINAL OFFENSE, AND TO REQUIRE THE COURTS COMMISSION TO STUDY THE COURT JURISDICTION AND JURY TRIAL PROCESS FOR MISDEMEANORS AND OTHER METHODS OF IMPROVING THE EFFICIENCY AND ADMINISTRATION OF THE JUSTICE SYSTEM.
Intro. by Faircloth, Stam.

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Bill summary

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

Deletes the provisions and contents of Sections 2, 3, 4, 6, and 9.

Amends GS 15A-1335 (Resentencing after appellate review), establishing that this section does not apply when a defendant, on direct review or collateral attack, succeeds in having a plea of guilty vacated.

Amends GS 7B-2200 (Transfer of jurisdiction of juvenile to superior court), establishing that if the alleged felony constitutes a Class B1 through Class B2 felony and the juvenile was 15 years of age or older at the time and the court finds probable cause, upon motion by the elected or appointed district attorney for that district the court will transfer the case to the superior court for trial as an adult (previous edition provided that for felonies from Class B1 to Class E, with probable cause, the court would transfer the case to superior court).

Provides that Subcommittee B of the House Committee on Judiciary is authorized to study the issue of the transfer of juveniles to superior court for trial as adults and to determine specified statistics relating to juvenile transfers to superior court. The subcommittee is also authorized to meet upon the call of its cochairs and to recommend legislation in the 2014 Regular Session.

Provides that Section 1 (amending GS 7A-27) and 3 (repealing GS 15A-1347) are effective October 1, 2013, and apply to probation revocation hearings held on or after that date, except that this act shall not be effective for revocation hearings that are pending on appeal to the N.C. Court of Appeals on that date, which will be heard in superior court if returned for rehearing. Section 2 (amending GS 15A-1335) of this act becomes effective December 1, 2013, and applies to resentencing hearings held on or after that date. Section 4 (amending GS 7B-2200) of this act becomes effective December 1, 2013, and applies to offenses committed on or after that date.

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