GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 763

Short Title:  Voluntary Dismiss/Defer Prosecution.	(Public)
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Sponsors: Senator Sands.
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Referred to:  Judiciary II.
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April 24, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT THE DISTRICT ATTORNEY MAY TAKE A VOLUNTARY DISMISSAL IN A DEFERRED PROSECUTION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-931(a) reads as rewritten:
"(a)	Except as provided in G.S. 20-138.4, the prosecutor may dismiss any charges stated in a criminal pleading including those deferred for prosecution by entering an oral  dismissal in open court before or during the trial, or by filing a written dismissal with the clerk at any time. The clerk must record the dismissal entered by the prosecutor and note in the case file whether a jury has been impaneled or evidence has been introduced.”
Sec. 2.  This act is effective upon ratification.