House committee substitute to the 2nd edition makes the following changes.

Part I. 

Changes the effective date for the changes to GS 1A-1, Rule 4(j5) of the NC Rules of Civil Procedure from October 1, 2023, to December 1, 2023. 

Part II.

Enacts new GS 20-141.10 making it unlawful for any person to operate a motor vehicle in a street takeover. Defines street takeover to mean the unauthorized taking over of a portion of highway, street, or public vehicular area by blocking or impeding the regular flow of traffic with a motor vehicle to perform a motor vehicle stunt, contest, or exhibition. Also defines the following terms: burnout, doughnut, drifting, present, spectator, stunt, and wheelie. Specifies that persons who knowingly operate a vehicle in a street takeover are guilty of a Class A1 misdemeanor and must pay a fine of not less than $1,000. A subsequent violation of subsection within a 24-month period is a Class H felony including a minimum fine equal to twice the value of the vehicle involved in the offense but no less than $1,000.

Specifies that a person who knowingly participates in, coordinates through social media or otherwise, or facilitates a street takeover is guilty of a Class A1 misdemeanor.

Further specifies that a person who is knowingly present as a spectator of a takeover is guilty of a Class 3 misdemeanor, except that a second violation within a period of 24 months is a Class 2 misdemeanor, and any subsequent violation within a period of 24 months is a Class 1 misdemeanor. Specifies that a person who knowingly operates a vehicle as part of a street takeover and who assaults a law enforcement officer or who knowingly and willfully threatens a law enforcement officer is guilty a Class H felony. Allows motor vehicles involved in street takeovers to be seized under the procedures set forth in GS 20-141.3(g) (allowing seizure of vehicles involved in unlawful street racing). Makes conforming changes to GS 20-141.3(g).

Effective December 1, 2023, and applies to offenses committed on or after that date.

Part III.

Amends GS 7A-272(c) to specify that the chief district court judge may schedule and assign sessions of court to accept pleas of guilty or no contest to a Class H or I felony in the specified circumstances, and the district attorney must cause agreed-upon pleas to be calendared for these sessions. No longer requires the consent of the presiding district court judge to accept a plea of guilty or no contest in these instances. Effective and applicable to pleas accepted on or after December 1, 2023.

Amends GS 15A-952(g) to set forth a fifth factor pertaining to good cause for a continuance, as follows. Specifies that good cause for a continuance must include those instances when the State asserts that the case involves analysis of evidence by the State Crime Lab or other entity for testing, that the evidence has been submitted for testing, and that the result of the testing is not available or expected to be available on the date postponed. Requires that a continuance for these reasons must be granted. Requires that, except in cases where the parties consent to the continuance, the judge must announce in open court which party made the motion for continuance and the grounds for granting the continuance. Effective and applicable to continuances granted on or after December 1, 2023.

Amends GS 7A-271(e) (jurisdiction of superior court over probation revocation hearings) to specify that once the superior court has concluded a probation revocation hearing, the superior court must proceed without remanding or sending the matter back to district court unless covered under subsection GS 7A-271(f). Amends GS 15A-1341(a6) (probation generally) to specify that if the revocation hearing is heard in superior court, that court must enter an adjudication of guilt and cannot remand the matter to district court unless covered by GS 7A-271(f). Effective and applicable to revocation hearings held on or after December 1, 2023.

Divides the bill into parts and makes conforming organizational changes. Makes conforming changes to the act’s effective date and long title.