GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 1233

Short Title:  Criminal Procedure Study Funds.	(Public)

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Sponsors: Senators Rand and Gulley.

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Referred to:  Appropriations.

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May 21, 1996

A BILL TO BE ENTITLED
AN ACT TO APPROPRIATE FUNDS FOR THE CREATION OF THE CRIMINAL PROCEDURE STUDY COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  (a)	The Criminal Procedure Study Commission is created.  The Commission shall consist of 18 voting members, six members to be appointed by the President Pro Tempore of the Senate, six members to be appointed by the Speaker of the House of Representatives, and six members to be appointed by the Chief Justice of the North Carolina Supreme Court.  No more than four members appointed by the President Pro Tempore of the Senate and no more than four members appointed by the Speaker of the House of Representatives may be members of the General Assembly.  No more than four of the members appointed by any one of the three appointing authorities may be members of the same political party.
(b)	The Commission shall:
(1)	Study all practices and procedures that affect the trial and disposition of criminal prosecutions in the trial divisions of the General Court of Justice, including the Criminal Procedure Act, rules of evidence, other relevant statutes, statewide and local court-adopted rules of practice and procedure, administrative rules, appellate opinions and all other relevant practices, customs, and traditions in the trial courts of North Carolina; and
(2)	Devise and recommend improved practices and procedures that (i) reduce the time required to dispose of criminal prosecutions in the trial divisions; (ii) simplify pretrial and trial procedure; (iii) guarantee the full realization of the interests of the State, the rights of criminal defendants, and the concerns of victims and others affected by the criminal trial process; and (iv) increase the parties' and the public's satisfaction with the process of criminal justice in the trial courts.
(c)	The Commission shall report to the General Assembly and the Chief Justice no later than April 1, 1998.  The report shall be in writing and shall set forth the Commission's findings, conclusions, and recommendations, including any proposed legislation or court rules.
(d)	The Chief Justice shall appoint a chair from the membership of the Commission.  The Commission shall meet at such times and places as the chair designates.  The facilities of the State Legislative Building shall be available to the Commission, subject to the approval of the Legislative Services Commission.  Legislative members of the Commission shall be reimbursed for subsistence and travel expenses at the rates set forth in G.S. 120-3.1.  Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence expenses at the rate set forth in G.S. 138-6.  All other members shall receive compensation and reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5.
(e)  The Commission may solicit, employ, or contract for technical assistance and clerical assistance, and may purchase or contract for the materials and services it needs.  Subject to the approval of the Legislative Services Commission, the staff resources of the Legislative Services Commission shall be available to the Commission without cost except for travel, subsistence, supplies, and materials.
Sec. 2.  There is appropriated from the General Fund to the Judicial Department the sum of twenty-five thousand dollars ($25,000) for the 1996-97 fiscal year to be used for the expenses of the Commission.
Sec. 3.  This act is effective upon ratification.