NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 166

HOUSE BILL 323

 

 

AN ACT TO MAKE TECHNICAL CORRECTIONS AND AMENDMENTS TO THE PRETRIAL CRIMINAL PROCEDURE ACT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 15A of the General Statutes as the same appears in Pamphlet 6 of the 1974 Advance Legislative Service to the General Statutes is hereby amended as set out in the subsequent sections of this act.

Sec. 2.  G.S. 15A-101 is hereby amended by rewriting subdivisions (2), (4) and (7) to read as follows:

"(2)      Clerk. — Any clerk of superior court, acting clerk, or assistant or deputy clerk.

(4)        District Attorney. — The person elected and currently serving as district attorney in his prosecutorial district.

(7)        Prosecutor. — The district attorney, any assistant district attorney or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney."

Sec. 3.  G.S. 15A-302(f) is hereby amended and rewritten to read as follows:

"(f)       Citation No Bar to Criminal Summons or Warrant. — A criminal summons or a warrant may issue notwithstanding the prior issuance of a citation for the same offense."

Sec. 4.  G.S. 15A-303(e) is hereby amended by striking out subdivision (4) thereof.

Sec. 5.  G.S. 15A-303(f) is hereby amended by adding after the word "summons" and before the word "may" the words ", valid throughout the State.".

Sec. 6.  G.S. 15A-305 is hereby amended by adding thereto a subsection "(d)" to read as follows:

"(d)      Who May Issue. — An order for arrest, valid throughout the State, may be issued by any person authorized to issue warrants for arrest."

Sec. 7.  G.S. 15A-501(1) is hereby amended by striking the period and adding at the end of the first sentence the words "or the cause for his arrest".

Sec. 8.  G.S. 15A-501(2) is hereby amended by striking out in the third line thereof the words "order of arrest" and inserting in lieu thereof "order for arrest".

Sec. 9.  G.S. 15A-511(a)(2) is amended by inserting in the second sentence, after the word "prepare" and before the word "a" the words "a magistrate's order containing".

Sec. 10.  G.S. 15A-51 1(b)(3) is hereby amended by striking out the words "pretrial release" and inserting in lieu thereof the words "release under the provisions of Article 26, Bail".

Sec. 11.  G.S. 15A-511(c) is hereby amended in the second line thereof by inserting after the word "arrested" and before the word "without" the words ", for a crime".

Sec. 12.  G.S. 15A-531(1) is hereby amended by striking from the fourth line thereof the words "a premium secured appearance bond,".

Sec. 13.  G.S. 15A-534(e) is hereby amended by striking out in the second and third lines thereof the word "initial" and inserting the word "first".

Sec. 14.  G.S. 15A-612(a)(2) is hereby amended by striking out of the fifth line thereof the words "warrant or information" and inserting in lieu thereof the word "pleading".

Sec. 15.  G.S. 15A-801 and G.S. 15A-802 are hereby amended by striking out the letters and numbers "G.S. 1-1 A" in the last sentence of each and inserting in lieu thereof "G.S. 1A-1".

Sec. 16.  G.S. 15A-907 is hereby amended by striking out of the sixth line thereof the words "or the name of each additional witness".

Sec. 17.  G.S. 15A-910 is hereby amended by striking out all of subsections (b) and (c) and by striking out of the first line of the section the letter and punctuation, "(a)".

Sec. 18.  G.S. 15A-921(4) is hereby amended by striking out the letters and numbers, "G.S. 15A-511(c)" and inserting in lieu thereof, "G.S. 15A-511."

Sec. 19.  G.S. 15A-926(a) is hereby amended by inserting in the first sentence after the word "pleading," the words "or for trial".

Sec. 20.  Article 56 of Chapter 15A is hereby amended to harmonize its provisions with the provisions of G.S. Chapter 122, Article 5A, as follows:

(a)        G.S. 15A-1002(b)(2)a is hereby amended in line 2 thereby deleting the words "judicial hospitalization", and inserting in lieu thereof the words "involuntary civil commitment under Chapter 122 of the General Statutes".

(b)        G.S. 15A-1003 is hereby amended by rewriting subsection (a) to read as follows:

"(a)       If a defendant is found to be incapable of proceeding, the court must enter an order directing the initiation of proceedings for involuntary civil commitment, and the court's order is authority for a magistrate or clerk to order a law enforcement officer to take the defendant into custody for examination by a qualified physician under G.S. 122‑58.3(b), or for processing as an emergency case under G.S. 122-58.18."

(c)        G.S. 15A-1003(c) is hereby amended by striking out the words "judicial hospitalization proceedings" and inserting in lieu thereof the words "involuntary civil commitment proceedings".

(d)        G.S. 15A-1004 is hereby amended by deleting the words "judicial hospitalization" in line 2 of subsection (b), in line 2 of subsection (c), in line 2 of subsection (d), and inserting in lieu thereof in each sentence the words, "involuntary civil commitment".

(e)        G.S. 15A-1004(d) is hereby amended in line 5 thereof by deleting the word "annually" and inserting in lieu thereof the words "at the same times that reports on the condition of the defendant-respondent are required under Chapter 122 of the General Statutes, Article 5A (Involuntary Commitment)".

Sec. 21.  G.S. 15A-1027 is hereby amended by striking out of the third line thereof the word "required".

Sec. 22.  G.S. 7A-109.1 is hereby amended in the catchline thereof by striking out the words "jailed defendants" and inserting in lieu thereof the word "prisoners".

Sec. 23.  G.S. 7A-180(6) is hereby amended and rewritten to read as follows:

"(6)      Has the power to conduct an initial appearance in accordance with Chapter 15 A, Article 24, Initial Appearance, and to fix conditions of release in accordance with Chapter 15A, Article 26, Bail; and".

Sec. 24.  G.S. 7A-181(3) is hereby amended and rewritten to read as follows:

"(3)      Have the same power as the Clerk of Superior Court to fix conditions of release in accordance with Chapter 15 A, Article 26, Bail, and the same power as the Clerk of Superior Court to conduct an initial appearance in accordance with Chapter 15A, Article 24, Initial Appearance."

Sec. 25.  Section 26 of Chapter 1286 of the 1973 Session Laws is hereby amended by striking out the numbers "15-159", "15-126", and "15-129".

Sec. 26.  The following sections of the General Statutes are hereby repealed: G.S. 162-31, G.S. 15-49, G.S. 15-103.2, G.S. 15-104.1, and G.S. 15-107.1.

Sec. 27.  Chapter 15A of the General Statutes is hereby amended by striking out the words "District Solicitor" wherever the words appear throughout Chapter 15 A, and inserting in lieu thereof the words "District Attorney", and by striking out the word "Solicitor", wherever the word appears throughout Chapter 15A and inserting in lieu thereof the word "Prosecutor". The Michie Company, publishers of the General Statutes of North Carolina, is authorized and directed to make the changes directed above wherever they might appear appropriate in the text of Chapter 15A of the General Statutes.

Sec. 28.  This act shall become effective on the date that Chapter 1286 of the 1973 Session Laws becomes effective.

In the General Assembly read three times and ratified, this the 23rd day of April, 1975.