GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

SESSION LAW 2004-155

HOUSE BILL 1665

AN ACT to require the dispositional hearing of a juvenile who is in residential treatment be held in the county in which the juvenile is receiving treatment.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 7B-1800 reads as rewritten:

"§ 7B-1800.  Venue.

(a)       A proceeding in which a juvenile is alleged to be delinquent or undisciplined shall be commenced and adjudicated in the district in which the offense is alleged to have occurred. When a proceeding is commenced in a district other than that of the juvenile's residence, the court shall proceed to adjudication in that district. district and, if the juvenile is in residential treatment or foster care in that district, the court shall conduct the dispositional hearing in that district as well, unless the judge enters an order, supported by findings of fact, that a transfer would serve the ends of justice or is in the best interests of the juvenile.

(b) After Except as provided in subsection (a) of this section, after adjudication, the following procedures shall be available to the court:

(1)       The court may transfer the proceeding to the court in the district where the juvenile resides for disposition.

(2)       Where the proceeding is not transferred under subdivision (1) of this section, the court shall immediately notify the chief district court judge in the district in which the juvenile resides. If the chief district court judge requests a transfer within five days after receipt of notification, the court shall transfer the proceeding.

(3)       Where the proceeding is not transferred under subdivision (1) or (2) of this section, the court, upon motion of the juvenile, shall transfer the proceeding to the court in the district where the juvenile resides for disposition. The court shall advise the juvenile of the juvenile's right to transfer under this section."

SECTION 2.  This act becomes effective October 1, 2004, and applies to hearings conducted on or after that date.

In the General Assembly read three times and ratified this the 16^th day of July, 2004.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ Richard T. Morgan

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 4:35 p.m. this 2^nd day of August, 2004