House committee substitute replaces the 1st edition in its entirety with the following.
Amends GS 122C-268(c), concerning inpatient commitment district court hearings, so that the clerk has to give notice of the place and time of the hearing to the chief district judge and district attorney in the county where the defendant was found incapable of proceeding if the custody order indicates that the respondent was charged with a violent crime. Specifies that if the DA elects to represent the State's interest, upon motion of the DA, the venue for the hearing and any rehearings or supplemental hearings will be in the county where the respondent was found incapable of proceeding. Makes language gender neutral. Requires the facility where a respondent was initially committed because of conduct resulting in the respondent being charged with a violent crime to notify the DA of the district where the respondent was found incapable of proceeding (in addition to the clerk of the specified superior court) of his or her determination regarding the proposed conditional release or discharge under GS 122C-277(b). Specifies that if the DA elects to represent the State's interest, upon motion of the DA, the venue for the hearing and any rehearings or supplemental hearings will be in the county where the respondent was found incapable of proceeding. Applies to commitment hearings initiated on or after the act becomes law. Amends the act's titles.
MODIFY CIVIL COMMITMENT HEARING PROCEDURES. (NEW)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MODIFY THE PROCEDURES RELATED TO NOTICE AND VENUE FOR CIVIL COMMITMENT HEARINGS.Intro. by Greene.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 5 2025)
Bill History:
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Thu, 10 Apr 2025 House: Filed(link is external)
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Thu, 10 Apr 2025 House: Filed(link is external)
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Mon, 14 Apr 2025 House: Passed 1st Reading(link is external)
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Mon, 14 Apr 2025 House: Passed 1st Reading(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav Com Substitute(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav(link is external)
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Tue, 29 Apr 2025 House: Reptd Fav(link is external)
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Tue, 29 Apr 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 29 Apr 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 29 Apr 2025 House: Placed On Cal For 05/01/2025(link is external)
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Thu, 1 May 2025 House: Passed 2nd Reading(link is external)
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Thu, 1 May 2025 House: Passed 3rd Reading(link is external)
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Thu, 1 May 2025 House: Regular Message Sent To Senate(link is external)
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Mon, 5 May 2025 Senate: Regular Message Received From House(link is external)
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Mon, 5 May 2025 Senate: Passed 1st Reading(link is external)
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Mon, 5 May 2025 Senate: Passed 1st Reading(link is external)
H 908
Bill Summaries:
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Bill H 908 (2025-2026)Summary date: Apr 29 2025 - View Summary
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Bill H 908 (2025-2026)Summary date: Apr 10 2025 - View Summary
Amends GS 15A-1008(a) to grant discretion to a judge as to whether charges should be dismissed when a defendant lacks capacity to proceed by changing “shall” to “may” in the subsection.
View: All Summaries for Bill
Previous title was AN ACT TO GIVE JUDGES DISCRETION REGARDING THE DISMISSAL OF CRIMINAL CHARGES WHEN A DEFENDANT LACKS CAPACITY TO PROCEED.