GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	3 

SENATE BILL 50
Second Edition Engrossed 2/16/94
House Committee Substitute Favorable 3/17/94

Short Title:  Probation Violation Is Contempt.	(Public)
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February 10, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A DEFENDANT WHO WILLFULLY VIOLATES A CONDITION OF PROBATION MAY BE HELD IN 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 of probation."
Sec. 2.  G.S. 15A-1344 is amended by adding a new subsection to read:
"( e1)	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.  A finding of criminal contempt by the court shall not revoke the probation."
Sec. 3.  G.S. 15A-1343.2(g) is repealed.
Sec. 4.  This act becomes effective May 1, 1994, and applies to defendants sentenced on or after that date.