Bill Summary for H 697 (2023-2024)

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Summary date: 

Apr 18 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 697 (Public) Filed Tuesday, April 18, 2023
AN ACT TO MODIFY LAWS AFFECTING VARIOUS COURTROOM PROCEDURES.
Intro. by Stevens.

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Bill summary

Enacts new GS 7A-166 (District court criminal docketing), outlining the responsibility of the district attorney to arrange and supervise the calendaring of criminal matters based on a docketing plan developed by the district attorney for each district court. Requires the district attorney to consult with district court judges, the clerk of court, and public comment from the local bar. Permits the docketing plan to include delegation of the calendaring authority to district court judges or the clerk of court if they consent to the delegation. Effective and applicable to criminal matters calendared on or after October 1, 2023. 

Amends GS 7A-191.1 to add new subsection (b), requiring all criminal proceedings in district court to be recorded by stenographic notes, or by electronic or mechanical means. Specifies that the record will be reduced to a written transcript only when notice of appeal is given or when either party requests it and provides for the cost of transcription. Effective and applicable to criminal proceedings occurring on or after October 1, 2023.

Amends GS 7A-272(c) to remove the requirement that the presiding district court judge consent to grant a district court judge jurisdiction to accept a defendant’s plea of guilty to a Class H or I felony under that statute. Effective and applicable to pleas accepted on or after October 1, 2023.

Amends GS 15A-952(g) to provide that a judge must give written findings and issue an order explaining the judge’s decision whenever they grant a third or subsequent continuance in a case, unless the continuance is granted with the consent of both parties. The number of continuances is cumulative and does not depend on which party requested the continuances previously granted. Effective and applicable to continuances granted on or after October 1, 2023.