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NC H215
Bill
Status
10/29/2015
Primary Sponsor
Sarah Stevens
Click for details
AI Summary
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Establishes a formal procedure for defendants in North Carolina superior court to waive the right to trial by jury in criminal cases where the state is not seeking the death penalty.
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Requires defendants to provide notice of intent to waive jury trial through one of three methods: stipulation signed by both parties, written notice filed within 10 working days of arraignment or trial date setting, or oral notice in open court by arraignment or calendar call.
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Mandates that trial judges must hold a hearing to determine whether to consent to the waiver, personally address the defendant to ensure understanding of consequences, and consider arguments from both the state and defendant.
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Allows defendants to revoke a waiver one time as a matter of right within 10 business days of initial notice, with any subsequent revocation requiring judicial approval based on whether it would cause unreasonable hardship or delay.
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Requires trial judges to make written findings of fact and conclusions of law when a defendant waives jury trial and files a motion to suppress evidence, and to make all jury findings themselves in bench trials.
Legislative Description
Procedure for Waiver of Jury Trial
Last Action
Ch. SL 2015-289
10/29/2015