Bill Summary for S 580 (2011-2012)

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Summary date: 

Jun 8 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 580 (Public) Filed Tuesday, April 12, 2011
TO PROVIDE FOR AUTOMATIC REINSTATEMENT OF CASES THAT WERE DISMISSED WITH LEAVE IF THOSE CASES ARE WAIVABLE, TO CLARIFY THE CONDITIONS OF PRETRIAL RELEASE WHEN A DNA SAMPLE IS REQUIRED, TO ALLOW FOR SERVICE OF CRIMINAL PROCESS BY A LAW ENFORCEMENT OFFICER BEFORE A MAGISTRATE EVEN WHEN THE OFFICER IS OUTSIDE THE OFFICER’S TERRITORIAL JURISDICTION, TO ADD TO THE STATUTORY DUTIES OF THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE COURTS, TO DECREASE THE PERIOD OF TIME THAT STATE EMPLOYEES MUST BE SEPARATED FROM EMPLOYMENT PRIOR TO BEING SELECTED TO SERVE IN A POSITION WITHIN THE JUDICIAL BRANCH, TO ELIMINATE THE NECESSITY OF A HEARING TO REMOVE A PERSONAL REPRESENTATIVE IN ESTATE CASES, TO REPEAL THE REQUIREMENT THAT MAGISTRATES BE RESIDENTS OF THE COUNTY TO WHICH THEY ARE APPOINTED TO SERVE, TO CLARIFY WHEN A CLERK OF SUPERIOR COURT MAY RELEASE FUNDS HELD UNDER A CLAIM OF LIEN ON REAL PROPERTY, TO CHANGE THE DATE ON WHICH A NEWLY ELECTED CLERK OF SUPERIOR COURT TAKES OFFICE, TO GRANT THE COURT THE DISCRETION TO FIND THAT DISTANCE FROM THE COURT IS GOOD CAUSE TO EXEMPT A PARTY FROM CUSTODY MEDIATION, AND TO PROVIDE THAT FEES COLLECTED BY THE DISPUTE RESOLUTION COMMISSION ARE NONREVERTING.
Intro. by Hartsell.

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Bill summary

Senate committee substitute, reported in on 6/7/11, makes the following changes to the 1st edition. Deletes provision concerning the collection of DNA samples upon arrest for certain offenses as a condition of pretrial release. Deletes provision from previous edition concerning retirement under GS 135-1(20). Deletes provision from previous edition which repealed GS 28A-9-1(a)(3), concerning the revocation of specified letters after a hearing when the person to whom the letters were issued violated a fiduciary duty. Deletes provisions of previous edition concerning the revocation of letters testamentary, letters of administration, or letters of collection. Deletes provision from the previous edition concerning the term of office for the clerk of superior court. Makes conforming change to the title.