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NC H364

Bill

Status

Introduced

3/15/2017

Primary Sponsor

Rena Turner

Click for details

Origin

House of Representatives

2017-2018 Session

AI Summary

  • Amends the statute of limitations for misdemeanors to change language from "presented or found by the grand jury" to "charged" to apply to any criminal process, not just grand jury indictments.

  • Maintains the two-year statute of limitations period for misdemeanors (except malicious misdemeanors), deceit, malicious mischief, and petit larceny cases where property value does not exceed $5.00.

  • Adds tolling provision that suspends the statute of limitations clock during the time a misdemeanor is dismissed with leave, allowing additional time to re-prosecute.

  • Preserves the one-year window for a second prosecution if the first indictment is defective and abandoned by the State.

  • Becomes effective December 1, 2017, and applies only to offenses committed on or after that date.

Legislative Description

Tolling of Misdemeanor Statutes

Last Action

Ref To Com On Judiciary II

3/16/2017

Committee Referrals

Judiciary II3/16/2017

Full Bill Text

No bill text available