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