GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 52

Short Title:  Warrantless Arrest Changes.	(Public)
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Sponsors: Senators Marvin; and Odom.
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Referred to:  Judiciary II.
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February 12, 1991

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE AUTHORITY OF LAW ENFORCEMENT OFFICERS TO ARREST WITHOUT A WARRANT FOR CERTAIN MISDEMEANORS.
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 G.S. 14-134.3; or
d.	Has committed a misdemeanor under G.S. 14-33(b)(1) or (2) when the offense was committed by a person who is the spouse or former spouse of the alleged victim or by a person with whom the alleged victim is living or has lived as if married.
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Sec. 2.  This act becomes effective October 1, 1991.