GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 658

Short Title:  Warrantless Arrest Changes.	(Public)
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Sponsors: Representatives Diggs; Abernethy, Arnold, Balmer, Barbee, Blue, Bowie, Brawley, Brown, Buchanan, Craven, Creech, Cromer, Culp, Decker, Dickson, Duncan, Easterling, Esposito, L. Etheridge, Flaherty, Foster, Gibson, Grady, Grimmer, Hasty, Hege, Holmes, Howard, Huffman, Isenhower, Justus, Kimsey, Lail, Ligon, Lilley, Loflin, Mills, Pope, Privette, Rhyne, Robinson, Stam, Stewart, Walker, Weatherly, P. Wilson, G. Wilson, and Wood.
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Referred to:  Judiciary.
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March 16, 1989

A BILL TO BE ENTITLED
AN ACT TO ALLOW WARRANTLESS ARREST IN CASES OF ASSAULT ON A FEMALE, DOMESTIC CRIMINAL TRESPASS, AND DRIVING WHILE IMPAIRED.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-401(b) reads as rewritten:
"(b)	Arrest by Officer Without a Warrant. –
(1)	Offense in Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense in the officer's presence.
(2)	Offense Out of Presence of Officer. – An officer may arrest without a warrant any person who the officer has probable cause to believe:
a.	Has committed a felony; or
b.	Has committed a misdemeanor, and:
1.	Will not be apprehended unless immediately     arrested, or
2.	May cause physical injury to himself or others, or damage to property unless immediately arrested; or
c.	Has committed a misdemeanor under G.S. 14-72.1, 14-33(b)(2), 14-134.3 and 20-138.1.
	."
Sec. 2.  This act shall become effective October 1, 1989.