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NC S316

Bill

Status

Passed

7/18/2013

Primary Sponsor

Floyd McKissick

Click for details

Origin

Senate

2013-2014 Session

AI Summary

  • Creates a rebuttable presumption against pretrial release for persons charged with felony or Class A1 misdemeanor offenses involving illegal use, possession, or discharge of a firearm when the offense was committed while on pretrial release for a prior similar offense or when the person has a prior conviction for such an offense within the past five years.

  • Requires district or superior court judges to find reasonable assurance of appearance and that release does not pose an unreasonable risk of harm to the community before releasing persons subject to this presumption.

  • Increases the minimum secured appearance bond from $500 to $1,000 for defendants who have failed to appear on prior occasions.

  • Establishes that defendants charged with offenses while currently on pretrial release for prior offenses must be required to execute a secured bond of at least double the previous bond amount or $1,000 minimum.

  • Becomes effective December 1, 2013, and applies to all pretrial release proceedings on or after that date.

Legislative Description

Pretrial Release/Rebuttable Presumption

Last Action

Ch. SL 2013-298

7/18/2013

Committee Referrals

Appropriations5/30/2013
Judiciary4/8/2013
Judiciary II3/14/2013

Full Bill Text

No bill text available