GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-398
HOUSE BILL 1077
AN ACT to amend the venue rules and the authority of magistrates for municipalities lying in four or more counties, each of which is in a different judicial district.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A-199(c) reads as rewritten:
"(c) A district court judge sitting at a seat of court described in this section may, in criminal cases, conduct preliminary hearings and try misdemeanors arising within the corporate limits of the municipality plus the territory embraced within a distance of one mile in all directions therefrom.
If the corporate limits of the municipality extend into two or
more counties, each of which is in a separate district court district, a
district court judge assigned to sit at the seat of court has the same
authority over criminal cases arising in the municipality and the territory
embraced within a distance of one mile in all directions that he would have if
the corporate limits of the municipality were solely located in a single
district court district. Judges assigned to sit in such a municipality shall be
assigned by the chief district court judge serving the district in which a
majority of the voters of the municipality reside, but offenses arising in the
a portion of the municipality in which the a minority
of the voters reside shall not be disposed of in the municipality unless the
chief district court judge for that district consents in writing to the
disposition of criminal cases in the municipality. However, for charges
brought by municipal law enforcement officers only, if the corporate limits of
the municipality extend into four or more counties, each of which is in a
separate district court district, offenses arising in a portion of the
municipality in which a minority of the voters reside shall be disposed of in
the portion of the municipality in which a majority of the voters reside
without obtaining the consent of the chief district court judge for the
district in which the offense occurred."
SECTION 2. G.S. 7A-293 reads as rewritten:
"§ 7A-293. Special authority of a magistrate assigned to a municipality located in more than one county of a district court district.
A magistrate assigned to an incorporated municipality, the
boundaries of which lie in more than one county of a district court district,
may, in criminal matters, exercise the powers granted by G.S. 7A-273 as if
the corporate limits plus the territory embraced within a distance of one mile
in all directions therefrom were located wholly within the magistrate's county
of residence. Appeals from a magistrate exercising the authority granted by
this section shall be taken in the district court in the county in which the
offense was committed. A magistrate exercising the special authority granted by
this section shall transmit all records, reports, and monies collected to the
clerk of the superior court of the county in which the offense was committed.
In addition, if a magistrate is assigned to an incorporated municipality, the
boundaries of which lie in two or more district court districts, the
magistrate may exercise the powers described in this section as if both the
counties were in the same district court district, if the clerks of
superior court and the chief district court judges serving boththe
districts in which the municipality is located agree in writing that the
exercise of this special authority would promote the administration of justice
in the municipality and in boththe districts. However, if a
magistrate is assigned to an incorporated municipality, the boundaries of which
lie in four or more counties, each of which is in a separate district court
district, the magistrate may exercise the powers described in this section as
if all the counties were in the same district court district, without the
necessity of such an agreement between the clerks and judges of the affected
counties, and the records, reports, and monies collected in connection with the
exercise of that authority shall be transmitted to the clerk of the superior
court district for the county in which the offense was committed."
SECTION 3. G.S. 15A-131(c) reads as rewritten:
"(c) Except as otherwise
provided in this subsection, venue for probable cause hearings and trial
proceedings in cases within the original jurisdiction of the superior court
lies in the county where the charged offense occurred. If Except as
otherwise provided in this subsection, if the alleged offense is committed
within the corporate limits of a municipality which is the seat of superior
court and is located in more than one county, venue lies in the superior court
which sits within that municipality, but upon timely objection of the defendant
or the district attorney in the county in which the alleged offense occurred
the case must be transferred to the county in which the alleged offense
occurred. However, for charges brought by municipal law enforcement officers
only, if the alleged offense is committed within the corporate limits of a
municipality that extends into four or more counties, each of which is in a
separate superior court district, offenses committed within the corporate
limits of the municipality but in a superior court district other than the one
for which the municipality is the seat of superior court shall be disposed of
in the municipality with no allowance for objections by the defendant or the
district attorney."
SECTION 4. This act becomes effective December 1, 2009, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 23rd day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ William L. Wainwright
Speaker Pro Tempore of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 1:05 p.m. this 31st day of July, 2009