CRIMINAL LAW/PROCEDURE AMENDMENTS.

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.

Status: Ref to Judiciary II. If fav, re-ref to Appropriations/Base Budget (Senate Action) (May 8 2013)

SOG comments (1):

Long title Change

House committee substitute changes the long title. The original long title was:

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.

H 217

Bill Summaries:

  • Summary date: Apr 18 2013 - More information

    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.


  • Summary date: Mar 5 2013 - More information

    Section #1

    Amends GS 7A-27, Appeals of right from the courts of the trial divisions, adding new GS 7A-27(c1), stating that there is an appeal of right to the Court of Appeals from any final judgment of a district court that revokes probation or imposes special probation.

    Effective October 1, 2013.

    Section #2

    Amends GS 7A-271 by repealing GS 7A-271(e) and (f).

    Effective October 1, 2013.

    Section #3

    Amends GS 7A-272 by creating two new subsections: (1) GS 7A-272(a1), stating that the district court has exclusive jurisdiction over the supervision of a probation judgment entered into in superior court and to hear and enter judgment in any hearing held pursuant to GS 15A-1345(e). If a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant may appeal under GS 7A-27.  (2) GS 7A-272(a2), stating that the superior court will retain jurisdiction in all cases in which there is a deferred prosecution or conditional discharge agreement unless the chief district court judge and the senior resident superior court judge agree that jurisdiction will be with the district court.

    Deletes GS 7A-272(e) and (f).

    Effective October 1, 2013.

    Section #4

    Repeals GS 15A-1335 (Resentencing after appellate review).

    Effective for resentencing hearings held on or after December 1, 2013.

    Section #5

    Repeals GS 15A-1347 (Appeal from revocation of probation or imposition of special probation upon violation).

    Effective October 1, 2013.

    Section #6

    Amends GS 20-16.3(d), making technical and clarifying changes. Eliminates the ability to use a positive or negative result on an alcohol screening in court in lieu of only allowing the numeric results in court for probable cause determinations.

    Effective for hearings held on or after December 1, 2013, and for administrative hearings made on or after December 1, 2013.

    Section #7

    Amends GS 7B-2200 (Transfer of jurisdiction of juvenile to superior court), adding new language that states that, upon motion by the prosecutor, if the alleged felony constitutes a Class B1 through class E felony and the court finds probable cause, the court will transfer the case to the superior court for trial, as in the case of adults.

    Effective for transfer hearings held on or after December 1, 2013.

    Section #8

    Provides for a study of NC's criminal and appellate procedures conducted by the NC Courts Commission, in consultation with the Administrative Office of the Courts, the North Carolina Sentencing and Policy Advisory Commission, the Conference of District Attorneys, the North Carolina Office of Indigent Defense Services, and the School of Government as well as other appropriate organizations or agencies. Study should review the possibility of six-person juries for misdemeanors, granting magistrates greater authority to hear cases, re-designating low-level misdemeanors as infractions, and whether any other actions should be taken to ensure the protection of a defendant's constitutional rights and that the court system is more efficient and cost effective. Requires a report to the General Assembly by April 1, 2014.

    Effective October 1, 2013.

     

     


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