NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 758

HOUSE BILL 1231

 

 

AN ACT TO CLARIFY THAT DEFENDANTS APPEALING FOR TRIAL DE NOVO IN SUPERIOR COURT BE HELD IN LOCAL CONFINEMENT FACILITIES IF THE DEFENDANT CANNOT COMPLY WITH CONDITIONS OF PRETRIAL RELEASE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15A-1353(c), as it appears in the 1978 Replacement Volume 1C, is hereby amended by rewriting the section to read as follows:

"(c)       Unless a later time is directed in the order of commitment, or the defendant has been released from custody pursuant to Article 26, Bail, or the defendant is appealing from a judgment of the district court to the superior court for a trial de novo, the sheriff must cause the defendant to be placed in the custody of the agency specified in the judgment on the day service of sentence is to begin or as soon thereafter as practicable."

Sec. 2.  G.S. 15A-1431(f), as it appears in the 1978 Replacement Volume 1C, is hereby amended by adding the following sentence to the end thereof:

"If the defendant cannot comply with conditions of pretrial release, the judge may order confinement in a local confinement facility pending the trial de novo in superior court."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 4th day of June, 1979.