A BILL TO BE ENTITLED
AN ACT to modify laws affecting various courtroom procedures.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  G.S. 7A‑272(c) reads as rewritten:
"(c)	When the prosecutor and defendant consent, the district court has jurisdiction to accept a defendant's plea of guilty or no contest to a Class H or I felony if one of the following criteria is met:
(1)	The defendant is charged with a felony in an information filed pursuant to G.S. 15A‑644.1, the felony is pending in district court, and the defendant has not been indicted for the offense.
(2)	The defendant has been indicted for a criminal offense but the defendant's case is transferred from superior court to district court pursuant to G.S. 15A‑1029.1.
The chief district court judge may schedule and assign sessions of court to accept pleas of guilty or no contest pursuant to this subsection, and the district attorney shall cause agreed‑upon pleas to be calendared for these sessions."
SECTION 1.(b)  This section becomes effective October 1, 2023, and applies to pleas accepted on or after that date.
SECTION 2.(a)  G.S. 15A‑952(g) reads as rewritten:
"(g)	In superior or district court, the judge shall consider at least the following factors in determining whether to grant a continuance:
(1)	Whether the failure to grant a continuance would be likely to result in a miscarriage of justice.
(2)	Whether the case taken as a whole is so unusual and so complex, due to the number of defendants or the nature of the prosecution or otherwise, that more time is needed for adequate preparation.
(3)	Whether the case involves physical or sexual child abuse when a victim or witness is under 16 years of age, and whether further delay would have an adverse impact on the well‑being of the child.
(4)	Good cause for granting a continuance shall include those instances when the defendant, a witness, or counsel of record has an obligation of service to the State of North Carolina. A continuance requested to fulfill an obligation of service by carrying out any duties as a member of the General Assembly, or service on the Rules Review Commission or any other board, commission, or authority as an appointee of the Governor, Lieutenant Governor, or the General Assembly, must be granted.
(5)	Good cause for granting a continuance shall include those instances when the State asserts that the case involves the analysis of evidence by the State Crime Lab or other entity for testing, that the evidence has been submitted for testing, and that the result of the testing is not available or expected to be available on the date proposed. A continuance requested for these reasons must be granted.
In each instance that a continuance is granted in superior or district court for any case that involves one or more misdemeanors or felonies, except when granted with the consent of both parties, the judge shall announce in open court which party made the motion for a continuance and the grounds for granting the continuance."
SECTION 2.(b)  This section becomes effective October 1, 2023, and applies to continuances granted on or after that date.
SECTION 3.(a)  G.S. 7A‑271(e) reads as rewritten:
"(e)	The superior court has exclusive jurisdiction over all hearings held pursuant to G.S. 15A‑1345(e) where the district court had accepted a defendant's plea of guilty or no contest to a felony under the provisions of G.S. 7A‑272(c), except that the district court shall have jurisdiction to hear these matters with the consent of the State and the defendant. Once the superior court has concluded a probation revocation hearing, the superior court shall proceed without remanding or sending the matter back to district court unless covered under subsection (f) of this section."
SECTION 3.(b)  G.S. 15A‑1341(a6) reads as rewritten:
"(a6)	Compliance With Terms of Conditional Discharge. – Upon violation of a term or condition of a conditional discharge granted pursuant to this section, the court may enter an adjudication of guilt and proceed as otherwise provided. If the revocation hearing is heard in superior court, the superior court shall enter an adjudication of guilt and shall not remand the matter to district court, unless covered by G.S. 7A‑271(f). Upon fulfillment of the terms and conditions of a conditional discharge granted pursuant to this section, any plea or finding of guilty previously entered shall be withdrawn and the court shall discharge the person and dismiss the proceedings against the person."
SECTION 3.(c)  This section becomes effective October 1, 2023, and applies to revocation hearings held on or after that date.
SECTION 4.  Except as otherwise provided, this act is effective when it becomes law.