GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 250

SENATE BILL 419

 

AN ACT TO ALLOW A PROSECUTOR TO ENTER A DISMISSAL WITH LEAVE FOR NONAPPEARANCE WHEN A DEFENDANT CANNOT BE FOUND TO SERVE AN ORDER FOR ARREST AFTER THE GRAND JURY HAS INDICTED HIM.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15A-932(a) is rewritten to read:

"(a)      The prosecutor may enter a dismissal with leave for nonappearance when a defendant:

(1)       Cannot be readily found to be served with an order for arrest after the grand jury has indicted him; or

(2)       Fails to appear at a criminal proceeding at which his attendance is required, and the prosecutor believes the defendant cannot be readily found."

Sec. 2.  This act shall become effective October 1, 1985.

In the General Assembly read three times and ratified, this the 24th day of May, 1985.