GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 118

Short Title:  Magistrates/Infraction Disposal.	(Public)
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Sponsors: Senators Soles; Seymour, Forrester, and Hoyle.
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Referred to:  Courts.
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February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO EXPAND THE JURISDICTION OF MAGISTRATES TO DISPOSE OF INFRACTIONS, TO FACILITATE THE PROCEDURE FOR DISPOSING OF INFRACTIONS, AND TO ALLOW MAGISTRATES TO DISPOSE OF ALL LEVEL I MISDEMEANORS ACCORDING TO PLEA AGREEMENTS BETWEEN THE STATE AND DEFENDANTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-273 is amended by adding two new subdivisions to read:
"(10)	Notwithstanding the provisions of subdivision (1) of this section, to adjudicate any infraction case as the chief district judge may authorize and as provided in G.S. 15A-1114(h).
(11)	Notwithstanding the provisions of subdivision (1) of this section and as the chief district judge may authorize, to accept pleas of guilty or no contest and enter judgments according to plea agreements between the State and defendants in all Level I prior conviction level misdemeanors, but a prosecutor shall be present for entry of the plea and judgment."
Sec. 2.  G.S. 15A-1114 reads as rewritten:
"§ 15A-1114. Hearing procedure for infractions.
(a)	Jurisdiction. – Jurisdiction for the adjudication and disposition of infractions is as specified in G.S. 7A-253, 7A-273, and 7A-271(d).
	(b) No Trial by Jury. – In adjudicatory hearings for infractions, no party has a right to a trial by jury in the district court division.
(c)	Infractions Heard in Civil or Criminal Session. – A district court judge may conduct proceedings relating to infractions in a civil or criminal session of court, unless the infraction is joined with a criminal offense arising out of the same transaction or occurrence. In such a case, the criminal offense and the infraction must be heard at a session in which criminal matters may be heard.  Magistrates shall conduct proceedings in infraction cases under subsection (h) of this section at times and places specified by the chief district judge, including in any county within the district court district as authorized by the chief district judge even though the magistrate does not normally serve that county.
(d)	Pleas. – A person charged with an infraction may admit or deny responsibility for the infraction. The plea must be made by the person charged in open court, unless he submits a written waiver of appearance which is approved by the presiding judge, or, if authorized by G.S. 7A-148, he waives his right to a hearing and admits responsibility for the infraction in writing and pays the specified penalty and costs, or he enters a plea of guilty or admission of responsibility before a magistrate pursuant to G.S. 7A-273(1) or (2).
(e)	Duty of District Attorney. – The district attorney is responsible for ensuring that infractions are calendared and prosecuted efficiently.
(f)	Burden of Proof. – The State must prove beyond a reasonable doubt that the person charged is responsible for the infraction unless the person admits responsibility.
(g)	Recording Not Necessary. – The State does not have to record the proceedings at infraction hearings. With the approval of the court, a party may, at his expense, record any proceeding.
	(h) Hearing by Magistrate. – With consent of the district attorney and approval of the senior resident superior court judge for the district concerned, the chief district judge of a district court district may authorize a magistrate or magistrates to adjudicate any infraction case.  The chief district court judge shall authorize these magistrates on the basis of high standards in judgment, temperament, knowledge, and fairness.  A magistrate so authorized may adjudicate contested infraction cases as well as uncontested cases.  A prosecutor may represent the State when a magistrate presides over infraction cases under this subsection.
The general procedure for hearing contested infraction cases before a district court judge applies to the hearing of a contested infraction case before a magistrate.  If satisfied beyond a reasonable doubt, the hearing magistrate shall find the person responsible for the infraction or a lesser included infraction and shall enter judgment accordingly.  A person who denies responsibility and is found responsible for an infraction by a magistrate may appeal in accordance with G.S. 15A-1431 for a hearing de novo before a district court judge.
This section does not diminish the authority of magistrates to accept pleas of responsible for infractions under G.S. 7A-273(1)	and (2).
(i)	A prosecutor and a person charged with an infraction may enter into a written consent judgment for disposition of the infraction.  Both parties shall sign the judgment, but an attorney representing the person may sign in place of the person.  The signature of a judge or magistrate is not required.  The judgment becomes effective upon filing with the clerk, but the clerk shall not accept the judgment for filing unless satisfied that the signatures of the parties are genuine."
Sec. 3.  G.S. 15A-1116(b) reads as rewritten:
"(b)	No Order for Arrest. – If a person served with a citation for an infraction fails to appear to answer the charge, the court may issue a criminal summons to secure the person's appearance, but an order for arrest may not be used in such cases.  The summons may be served as provided by Rule 4(j)(1) or (j)(2) of the Rules of Civil Procedure."
Sec. 4.  This act becomes effective January 1, 1995, and applies without regard to the date of the commission of an infraction but only applies to misdemeanors committed on and after January 1, 1995.