GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 694

HOUSE BILL 1173

 

AN ACT TO MODIFY THE BURDEN OF PROOF AND PUNISHMENT FOR ALLOWING PRISONERS TO ESCAPE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-239 is rewritten to read:

"§ 14-239.  Allowing prisoners to escape; punishment. - If any sheriff, deputy sheriff, or jailer, shall willfully or wantonly allow the escape of any person committed to his custody who is (i) a person charged with a crime, or (ii) a person sentenced by the court upon conviction of any offense, he shall be guilty of a misdemeanor. No prosecution shall be brought against any such officer pursuant to this section by reason of a prisoner being allowed to participate pursuant to court order in any work release, work study, community service, or other lawful program, or by reason of any such prisoner failing to return from participation in any such program."

Sec. 2.  This act shall become effective October 1, 1983.

In the General Assembly read three times and ratified, this the 6th day of July, 1983.