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NC H217

Bill

Status

Engrossed

5/8/2013

Primary Sponsor

John Faircloth

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Establishes a right of direct appeal to the Court of Appeals for probation revocation decisions made in district court, effective October 1, 2013.

  • Prohibits courts from imposing a new sentence more severe than the original sentence when a conviction is overturned on appeal or collateral attack, except when a guilty plea is vacated.

  • Requires mandatory transfer of juveniles age 15 or older charged with Class B1 or B2 felonies to superior court for trial as adults upon motion by the district attorney, effective December 1, 2013.

  • Directs the North Carolina Courts Commission to study potential reforms including six-person juries for misdemeanors, magistrate jurisdiction over infractions, and reclassification of low-level misdemeanors, with recommendations due by April 1, 2014.

  • Authorizes House Judiciary Subcommittee B to study the frequency and grounds for district attorney juvenile transfer requests during the 2013 interim session.

Legislative Description

Criminal Law/Procedure Amendments

Last Action

Ref to Judiciary II. If fav, re-ref to Appropriations/Base Budget

5/8/2013

Committee Referrals

Appropriations/Base Budget5/8/2013
Appropriations4/18/2013
Judiciary Subcommittee B3/6/2013

Full Bill Text

No bill text available