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NC H123

Bill

Status

Engrossed

5/12/2021

Primary Sponsor

Joe John

Click for details

Origin

House of Representatives

2021-2022 Session

AI Summary

  • Requires defendants charged with misdemeanor offenses and held in custody to appear before a district court judge for a first appearance.

  • Reduces the timeframe for first appearances from 96 hours to 72 hours after a defendant is taken into custody or at the first regular district court session, whichever occurs first.

  • Allows the clerk of superior court to conduct a first appearance during regular business hours if a district court judge is unavailable within 72 hours of custody.

  • First appearance before a district court judge is not considered a critical stage of proceedings for purposes of legal representation.

  • Effective December 1, 2021, applying to criminal processes served on or after that date.

Legislative Description

Misdemeanors/Mandate First Appearances

Public

Last Action

Ref To Com On Rules and Operations of the Senate

5/12/2021

Committee Referrals

Rules and Operations of the Senate5/12/2021
Rules, Calendar, and Operations of the House3/17/2021
Judiciary III2/23/2021

Full Bill Text

No bill text available