Bill Text: NC H1812 | 2010 | Regular Session | Chaptered
Bill Title: DV Cases/Review Criminal Record
Spectrum: Moderate Partisan Bill (Democrat 13-3)
Status: (Passed) 2010-07-21 - Ch. SL 2010-135 [H1812 Detail]
Download: North_Carolina-2010-H1812-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2010-135
HOUSE BILL 1812
AN ACT to ensure that a court, when considering pretrial release under the domestic violence crimes statute, considers the defendant's criminal record, AS RECOMMENDED BY THE JOINT LEGISLATIVE cOMMITTEE ON DOMESTIC VIOLENCE.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑534.1(a) reads as rewritten:
"§ 15A‑534.1. Crimes of domestic violence; bail and pretrial release.
(a) In all cases in which
the defendant is charged with assault on, stalking, communicating a threat to,
or committing a felony provided in Articles 7A, 8, 10, or 15 of Chapter 14 of
the General Statutes upon a spouse or former spouse or a person with whom the
defendant lives or has lived as if married, with domestic criminal trespass, or
with violation of an order entered pursuant to Chapter 50B, Domestic Violence,
of the General Statutes, the judicial official who determines the conditions of
pretrial release shall be a judge, and thejudge. The judge shall
direct a law enforcement officer or a district attorney to provide a criminal
history report for the defendant and shall consider the criminal history when
setting conditions of release. After setting conditions of release, the judge
shall return the report to the providing agency or department. No judge shall
unreasonably delay the determination of conditions of pretrial release for the
purpose of reviewing the defendant's criminal history report. The following
provisions shall apply in addition to the provisions of G.S. 15A‑534:
...."
SECTION 2. This act becomes effective October 1, 2010.
In the General Assembly read three times and ratified this the 9th day of July, 2010.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 5:25 p.m. this 21st day of July, 2010