GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 137

Short Title:  Speed Up Crim. Appeals Amend.	(Public)
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Sponsors: Senators Perdue; and Allran.
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Referred to:  Courts.
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February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION TO REQUIRE THE APPELLATE COURTS TO RENDER A FINAL DECISION IN CRIMINAL CASES WITHIN ONE YEAR AFTER THE DATE THE CASE WAS LAST SCHEDULED FOR HEARING.
The General Assembly of North Carolina enacts:
Section 1.  The caption to Section 13 of Article IV of the Constitution of North Carolina reads as rewritten:
"Sec. 13.  Forms of action; rules of appellate decisions."
Sec. 2.  Section 13 of Article IV of the Constitution of North Carolina is amended by adding a new subsection to read:
"(3)	Appellate decisions.  A final decision in each criminal case heard in the Appellate Division shall be rendered in each court within one year after the date the case was last scheduled for hearing by that court."
Sec. 3.  The amendments set out in Sections 1 and 2 of this act shall be submitted to the qualified voters of the State at the general election in November 1994, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:
"[ ] FOR    [ ] AGAINST
Constitutional amendment requiring the Supreme Court and the Court of Appeals to render a final decision in each criminal case within one year after the date the case was last scheduled for hearing by the court."
Sec. 4.  If a majority of the votes cast on the question are in favor of the amendments set out in Sections 1 and 2 of this act, the State Board of Elections shall certify the amendment to the Secretary of State.  The amendments becomes effective upon this certification and apply to appeals filed on or after that date.  The Secretary of State shall enroll the amendments so certified among the permanent records of that office.
Sec. 5.  This act is effective upon ratification.