Bill Summary for H 1141 (2021)

Summary date: 

Jun 15 2022

Bill Information:

View NCGA Bill Details2021
House Bill 1141 (Public) Filed Thursday, May 26, 2022
AN ACT TO MAKE TECHNICAL CORRECTIONS AND CONFORMING CHANGES TO VARIOUS PROVISIONS AFFECTING OUR STATE COURT SYSTEM AND TO APPROPRIATE FUNDS.
Intro. by Stevens.

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Bill summary

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

Section 1

Deletes the proposed revisions to Article 29A, GS Chapter 7A, establishing positions of court administrators (previously named trial court administrators) for certain superior court districts. Makes conforming organizational changes.

Section 2

Makes a technical change to the proposed changes to Section 18(o), SL 2021-138, regarding authority for district attorneys or the Attorney General to petition for a judge to determine if a subject individual meets the criteria for satellite-based monitoring consistent with GS 14-208.40A, adding language to include amendments made to that law by SL 2021-182 (was, amendments made by SB 183, if it becomes law; SB 183 was enacted as SL 2021-182, with Section 2, which amends GS 14-208.40A, becoming effective December 1, 2021). 

Section 3

Makes technical corrections to restate the existing language of GS 20-135.2A(e), as amended by SL 2022-6.

Section 4

Makes technical corrections to restate the existing language of GS 15A-601(e), as amended by SL 2021-138, SL 2021-182, and SL 2022-6.

Section 5

Adds to the proposed changes to GS 15A-302(d), which eliminated the requirement for an individual to sign a receipt on a citation, and the requirement for officers to certify delivery by signing the receipt that is filed with the clerk for persons that fail to sign. Reinstates and amends previously deleted law, now providing that failure of the person cited to accept delivery of the citation (was, sign the citation) does not constitute grounds for their arrest or the requirement that they post a bond. 

Makes technical corrections to restate the existing language of GS 15A-832(g), GS 15A-1340.14(f), and GS 15A-1340.21(c), as amended by SL 2021-180.

Deletes the proposed changes to GS 122C-54, which required a facility to send the report of a mental examination of a defendant ordered by the court under GS 15A-1002 to the clerk pursuant to GS 15A-1002(d), and provide the clerk a separate statement containing the examiner's conclusion as to whether the defendant has or lacks the capacity to proceed. 

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