GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 3
HOUSE BILL 1812*
Committee Substitute Favorable 7/1/10
Senate Judiciary I Committee Substitute Adopted 7/7/10
Short Title: DV Cases/Review Criminal Record. |
(Public) |
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Sponsors: |
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Referred to: |
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May 19, 2010
A BILL TO BE ENTITLED
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.