GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 1130

Short Title:  Speedier Trials.	(Public)

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Sponsors: Senator Jordan.

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Referred to:  Judiciary II.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR SPEEDIER DISPOSITION OF FELONIES AND MISDEMEANORS IN SUPERIOR COURT BY ELIMINATING SUPERIOR COURT REVIEW OF INFRACTIONS TRIED IN DISTRICT COURT AND TO PROVIDE FOR DIRECT REVIEW BY THE COURT OF APPEALS OF PROBATION HEARINGS CONDUCTED IN DISTRICT COURT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-1115(a) reads as rewritten:
"(a)	No Appeal of District Court Decision. –A judgment entered in district court upon a finding of responsibility for an infraction is final, whether the finding of responsibility is based upon a plea of responsibility or after hearing when the defendant denies responsibility.  No further review by the superior court or the appellate division is authorized."
Section 2.  G.S. 15A-1347 reads as rewritten:
"§ 15A-1347. Appeal from revocation of probation or imposition of special probation upon violation.
When a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant may appeal under G.S. 7A-27(b1).  When a superior court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant may appeal under G.S. 7A-27."
Section 3.  G.S. 7A-27 is amended by adding a new subsection to read:
"( b1)	From any final judgment of a district court activating a sentence or imposing special probation as a result of a finding of a violation of probation, appeal lies of right to the Court of Appeals."
Section 4.  G.S. 7A-191.1 reads as rewritten:
"§ 7A-191.1.  Recording of certain proceedings in district court.
The trial judge shall require that a true, complete, and accurate record be made of:
(1)	A proceeding in which a defendant pleads guilty or no contest to a Class H or I felony pursuant to G.S. 7A-272; and
(2)	A hearing in which a judge is authorized to activate a sentence or to impose special probation as a result of a finding of a violation of probation."
Section 5.  Section 1 of this act becomes effective December 1, 1999, and applies to infractions committed on or after that date.  Sections 2, 3, and 4 of this act become effective December 1, 1999, and apply to offenses committed on or after that date for which a probation revocation hearing is conducted.  The remainder of this act is effective when it becomes law.