GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 1033

Short Title:  Probation Violation is Contempt.	(Public)
─────────────────────────────────────── 
Sponsors: Senator Sands.
─────────────────────────────────────── 
Referred to:  Judiciary I.
─────────────────────────────────────── 

May 4, 1993

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A DEFENDANT WHO AGREES TO A SUSPENDED SENTENCE, PROBATION, OR AN ALTERNATIVE SENTENCE OR PUNISHMENT AND WHO WILLFULLY VIOLATES A CONDITION OF THAT JUDGMENT MAY BE HELD IN CIVIL OR CRIMINAL CONTEMPT FOR THE VIOLATION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 5A-11(a) is amended by adding a new subdivision to read:
"(9a)	Willful refusal by a defendant to comply with a condition imposed with the consent of the defendant as a condition of a suspended sentence, of probation, or of an alternative sentence or punishment."
Sec. 2.  G.S. 15A-1344 is amended by adding a new subsection to read:
"( e1)	Civil or Criminal Contempt in Response to Violation. – If a defendant willfully violates a condition of probation, the court may hold the defendant in criminal contempt as provided in Article 1 of Chapter 5A of the General Statutes or in civil contempt as provided in Article 2 of Chapter 5A of the General Statutes.  A finding of either criminal or civil contempt by the court shall not revoke the probation or activate the suspended sentence for imprisonment, if any."
Sec. 3.  This act becomes effective December 1, 1993, and applies to defendants sentenced on or after that date.