GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	2 

HOUSE BILL 448*
Committee Substitute Favorable 4/26/93

Short Title:  Warrantless Arrest on School Gds.	(Public)
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Sponsors:
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Referred to:  
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March 22, 1993

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT AN OFFICER MAY MAKE A WARRANTLESS ARREST FOR CERTAIN MISDEMEANOR OFFENSES CREATING A RISK OF VIOLENCE ON SCHOOL GROUNDS OR ON A SCHOOL BUS.
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
3.	Has created a risk of violence on the grounds of any public or private educational institution or on a school bus; 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(a), 14-33(b)(1), or 14-33(b)(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.
(3)	Repealed by Session Laws 1991, c. 150."
Sec. 2.  This act becomes effective December 1, 1993, and applies to offenses committed on or after that date.