Bill Summary for S 580 (2011-2012)

Summary date: 

Apr 12 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

Enacts new subsection (d1) to GS 15A-932, adding that if the proceeding was dismissed pursuant to GS 15A-932(a)(2) (the defendant fails to appear at a criminal proceeding at which appearance is required and the prosecutor believes defendant cannot readily be found) and charged only offenses permitting written appearance, waiver of trial or hearing, and plea of guilty or admission of responsibility under GS 7A-148(a), and the defendant submits the waiver and full payment of all costs, then the clerk must accept the waiver and payment without written reinstatement from the prosecutor. Directs the clerk, upon disposition of the case, to recall any outstanding criminal process pursuant to GS 15A-301(g)(2)b. (all charges have been disposed). Amends GS 15A-534(a), clarifying that collecting DNA samples upon arrest for certain offenses under GS 15A-266.3A may be made a condition of pretrial release, but collecting DNA upon a conviction or finding of not guilty by reason of insanity under GS 15A-266.4 may not be a condition of pretrial release. Enacts new subdivision (3) to GS 15A-301(c), allowing a municipal law enforcement officer to serve criminal process in a building with a court or office of the General Court of Justice or before any judicial officer authorized to conduct an initial appearance if the officer has territorial jurisdiction to serve process in a municipality located in that county, and allowing the officer to arrest the person named in the process, as provided in GS 15A-402(b). Makes a conforming change to GS 15A-402(b) (territorial jurisdiction of county and city officers). Makes other technical changes.
Amends GS 7A-343 (duties of the Director of the Administrative Office of the Courts) to add five statutory duties to the list, including the duty to prescribe policies and procedures for the assignment and compensation of magistrates performing duty outside their county of residence in an emergency, and the duty to issue photo identification cards to Judicial Department employees and officials. Also requires the report submitted to the Chief Justice and the General Assembly to include the activities of each NC Business Court, as detailed. Makes a conforming change to GS 7A-146(9), directing the chief district judge to follow procedures established by the Director when assigning magistrates temporary duty during an emergency.
Amends GS 135-1(20) to clarify that a member’s retirement, under the Retirement System for Teachers and State Employees, becomes effective if the member renders no service at any time during the six months immediately following the effective date of retirement, except for persons rendering service for the Judicial Branch. Specifies that the retirement of a member rendering service for the Judicial Branch becomes effective in any month that the member rendered no service for 30 days immediately following the effective date of retirement.
Repeals GS 28A-9-1(a)(3), which allows the revocation of specified letters after a hearing when the person to whom the letters were issued violated a fiduciary duty, as detailed. Amends GS 28A-9-2(a), allowing letters testamentary, letters of administration, or letters of collection to be revoked without a hearing when the person to whom the letters were issued violated a fiduciary duty through default or misconduct in the execution of office.
Repeals GS 7A-171.2(a) (requires a magistrate be a resident of the county for which he was appointed). Amends GS 44A-16, allowing a clerk to release funds held under a claim of lien on real property or a corporate surety bond when the clerk receives a written agreement of the parties, a final judgment from a court of competent jurisdiction, or a consent order. Amends GS 163-1(d), clarifying that the term of office for the clerk of superior court runs for four years, from the first day (rather than first Monday) in December next after election. Amends GS 50-13.1(c), which allows the court to waive the mandatory setting of a contested custody or visitation matter for mediation upon motion and a showing of good cause, to permit (rather than require) the court to consider a showing that either party lives more than 50 miles from the court as good cause. Amends GS 7A-38.2(d), adding that certification and renewal fees collected by the Dispute Resolution Commission are nonreverting, to be used only at the direction of the Commission.
Effective July 1, 2011.

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