GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 730

Short Title:  Repeal Speedy Trial Act.	(Public)
─────────────────────────────────────── 
Sponsors: Senator Ezzell.
─────────────────────────────────────── 
Referred to:  Judiciary I.
─────────────────────────────────────── 

April 3, 1989

A BILL TO BE ENTITLED
AN ACT TO REPEAL THE SPEEDY TRIAL ACT.
The General Assembly of North Carolina enacts:
Section 1.  Article 35 of Chapter 15A of the General Statutes is repealed.
Sec. 2.  G.S. 15A-133 reads as rewritten:
"§ 15A-133. Waiver of venue; motion for change of venue; indictment may be returned in other county.
(a)	A waiver of venue must be in writing and signed by the defendant and the prosecutor indicating the consent of all parties to the waiver. The waiver must specify what stages of the proceedings are affected by the waiver, and the county to which venue is changed. If the venue is to be laid in a county in another prosecutorial district, the consent in writing of the prosecutor in that district must be filed with the clerks of both counties.
	(c)	Motions for change of venue by the defendant are made under G.S. 15A-957. If venue is laid in a county in another prosecutorial district by order of the judge ruling on the motion, no consent of any prosecutor is required.
(d)	If venue is changed to a county in another prosecutorial district, whether upon waiver of venue or by order of a judge, the prosecutor of the prosecutorial district where the case originated must prosecute the case unless the prosecutor of the district to which venue has been changed consents to conduct the prosecution.
(e)	If venue is changed, whether upon waiver of venue or by order of a judge, the grand jury in the county to which venue has been transferred has the power to return an indictment in the case. If an indictment has already been returned before the change of venue, no new indictment is necessary and prosecution may be had in the new county under the original indictment."
Sec. 3.  G.S. 15A-711(d) reads as rewritten:
	"(d) Detainer.
(1)	When a criminal defendant is imprisoned in this State pursuant to prior criminal proceedings, the clerk upon request of the prosecutor, must transmit to the custodian of the institution in which he is imprisoned, a copy of the charges filed against the defendant and a detainer directing that the prisoner be held to answer to the charges made against him. The detainer must contain a notice of the prisoner's right to proceed pursuant to G.S. 15A-711(c).  
(2)	Upon receipt of the charges and the detainer, the custodian must immediately inform the prisoner of its receipt and furnish him copies of the charges and the detainer, must explain to him his right to proceed pursuant to G.S. 15A-711(c). 
(3)	The custodian must notify the clerk who transmitted the detainer of the defendant's impending release at least 30 days prior to the date of release. The notice must be given immediately if the detainer is received less than 30 days prior to the date of release. The clerk must direct the sheriff to take custody of the defendant and produce him for trial. The custodian must release the defendant to the custody of the sheriff, but may not hold the defendant in confinement beyond the date on which he is eligible for release.
(4)	A detainer may be withdrawn upon request of the prosecutor, and the clerk must notify the custodian, who must notify the defendant."
Sec. 4.  G.S. 15A-1381 reads as rewritten:
"§ 15A-1381. Disposition defined.
As used in this Article, the term ‘disposition' means any action which results in termination or indeterminate suspension of the prosecution of a criminal charge. A disposition may be any one of the following actions:
(1) 	A finding of no probable cause pursuant to G.S. 15A-511(c)(2);
(2)	An order of dismissal pursuant to G.S. 15A-604;
(3) 	A finding of no probable cause pursuant to G.S. 15A-612(a)(3);
(4)	A return of not a true bill pursuant to G.S. 15A-629;
	(6)	Dismissal pursuant to G.S. 15A-931 or 15A-932;
(7)	Dismissal pursuant to G.S. 15A-954, 15A-955 or 15A-959;
(8)	Finding of a defendant's incapacity to proceed pursuant to G.S. 15A-1002 or dismissal of charges pursuant to G.S. 15A-1008;
(9)	Entry of a plea of guilty or no contest pursuant to G.S. 15A-1011, without regard to the sentence imposed upon the plea, and even though prayer for judgment on the plea be continued;
(10)	Dismissal pursuant to G.S. 15A-1227;
(11)	Return of verdict pursuant to G.S. 15A-1237, without regard to the sentence imposed upon such verdict and even though prayer for judgment on such verdict be continued."
Sec. 5.  This act shall become effective October 1, 1989.