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NC H215

Bill

Status

Passed

10/29/2015

Primary Sponsor

Sarah Stevens

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary I5/7/2015
Rules and Operations of the Senate4/6/2015
Judiciary III3/18/2015
Judiciary II3/12/2015

Full Bill Text

No bill text available