GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                   2

HOUSE BILL 1812*

Committee Substitute Favorable 7/1/10

Short Title:        DV Cases/Review Criminal Record.	(Public)
Sponsors:
Referred to:

May 19, 2010

A BILL TO BE ENTITLED

AN ACT to ensure that a court, when considering pretrial release under the domestic violence crimes statute, considers the defendant's criminal record, AS RECOMMENDED BY THE JOINT LEGISLATIVE cOMMITTEE ON DOMESTIC VIOLENCE.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A-534.1(a) reads as rewritten:

"§ 15A-534.1.  Crimes of domestic violence; bail and pretrial release.

(a)        In all cases in which the defendant is charged with assault on, stalking, communicating a threat to, or committing a felony provided in Articles 7A, 8, 10, or 15 of Chapter 14 of the General Statutes upon a spouse or former spouse or a person with whom the defendant lives or has lived as if married, with domestic criminal trespass, or with violation of an order entered pursuant to Chapter 50B, Domestic Violence, of the General Statutes, the judicial official who determines the conditions of pretrial release shall be a judge, and thejudge. The judge shall direct a law enforcement officer or a district attorney to provide a criminal history report for the defendant and shall consider the criminal history when setting conditions of release. After setting conditions of release, the judge shall return the report to the providing agency of department. No judge shall unreasonably delay the determination of conditions of pretrial release for the purpose of reviewing the defendant's criminal history report. The following provisions shall apply in addition to the provisions of G.S. 15A-534:

...."

SECTION 2.  This act becomes effective October 1, 2010.