Bill Text: NC H450 | 2013-2014 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal Contempt/Bail Procedure

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-07-18 - Ch. SL 2013-303 [H450 Detail]

Download: North_Carolina-2013-H450-Enrolled.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

 

 

HOUSE BILL 450

RATIFIED BILL

 

 

AN ACT to provide for bail procedure when confinement is imposed as punishment for criminal contempt.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 5A‑17 reads as rewritten:

"§ 5A‑17.  Appeals.Appeals; bail proceedings.

(a)        A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a finding of contempt by a judicial official inferior to a superior court judge is by hearing de novo before a superior court judge.

(b)        Upon appeal in a case where the judicial official imposes confinement, a bail hearing shall be held within a reasonable time period after imposition of the confinement. The judicial official holding the bail hearing shall be:

(1)        A district court judge if the confinement is imposed by a clerk or magistrate.

(2)        A superior court judge if the confinement is imposed by a district court judge.

(3)        A superior court judge other than the superior court judge that imposed the confinement.

(c)        A person found in contempt and who has given notice of appeal may be retained in custody not more than 24 hours from the time of imposition of confinement without a bail determination being made by a judicial official as designated under subdivisions (1) through (3) of subsection (b) of this section. If a designated judicial official has not acted within 24 hours of the imposition of confinement, any judicial official shall act under the provisions of subsection (b) of this section and hold the bail hearing."

SECTION 2.  This act becomes effective December 1, 2013, and applies to confinement imposed on or after that date.

In the General Assembly read three times and ratified this the 9^th day of July, 2013.

 

 

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

 

 

                                                                        _____________________________________

                                                                         Pat McCrory

                                                                         Governor

 

 

Approved __________.m. this ______________ day of ___________________, 2013