GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	3 

HOUSE BILL 236
Second Edition Engrossed 4/27/89
Judiciary III Senate Committee Substitute Adopted 6/28/89

Short Title:  Magistrates' Plea Jur.	(Public)
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February 15, 1989

A BILL TO BE ENTITLED
AN ACT TO CLARIFY MAGISTRATES' GUILTY PLEA JURISDICTION, AND TO PROVIDE FOR THE ADOPTION OF POLICIES GOVERNING THE ISSUANCE OF ARREST WARRANTS FOR FELONIES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 7A-273(1) reads as rewritten:
"(1)	In misdemeanor or infraction cases, other than traffic, hunting, fishing, boating, and alcohol offenses, in which the maximum punishment which can be adjudged cannot exceed imprisonment for 30 days, or a fine of fifty dollars ($50.00) or a penalty of not more than fifty dollars ($50.00), exclusive of costs, to accept guilty pleas or admissions of responsibility and enter judgment;".
Sec. 2.  Chapter 15A of the North Carolina General Statutes is amended by adding a new section 15A-304.1 to read:
"§ 15A-304.1–Policies on issuance of arrest warrants for felonies.
The senior regular resident superior court judge for a district or set of districts, after consulting with the chief district court judge serving the district or set of districts, may adopt a policy requiring that an arrest warrant for a felony offense may not be issued by a magistrate or clerk unless the alleged offense is first investigated by a law enforcement agency with territorial and subject matter jurisdiction to investigate such an alleged offense."
Sec. 3.  This act  shall become effective October 1, 1989.