GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 694

Short Title:  Family Violence/Warrantless Arrest.	(Public)
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Sponsors: Senators Marvin;  Tally, Hunt of Moore, and Ward.
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Referred to:  Judiciary I.
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March 30, 1989

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THAT AN ARREST MAY BE MADE WITHOUT A WARRANT IF A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT AN ACT OF DOMESTIC VIOLENCE HAS OCCURRED.
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; or
d.	Has committed a misdemeanor that also constitutes an act of domestic violence as defined in G.S. 50B-1.
	."
Sec. 2.  G.S. 50B-4 reads as rewritten:
"§ 50B-4. Enforcement of orders; warrantless arrest.
(a) A party may file a motion for contempt for violation of any order entered pursuant to this Chapter.
(b)	A law-enforcement officer shall arrest and take a person into custody without a warrant or other process if the officer has probable cause to believe (i) that the person has committed a misdemeanor that is also an act of domestic violence as defined in G.S. 50B-1 or (ii) that the person has violated a court order excluding the person from the residence or household occupied by a victim of domestic violence or directing the person to refrain from harassing or interfering with the victim, and if the victim, or someone acting on the victim's behalf, presents the law-enforcement officer with a copy of the order or the officer determines that such an order exists, and can ascertain the contents thereof, through phone, radio or other communication with appropriate authorities. The person arrested shall be brought before the appropriate district court judge at the earliest time possible to show cause why he or she should not be held in civil contempt for violation of the order. The person arrested shall be entitled to be released under the provisions of Article 26, Bail, of Chapter 15A of the General Statutes."
Sec. 3.  This act shall become effective October 1, 1989, and shall apply to offenses occurring on or after that date.