GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2025

H                                                                                                                                                    1

HOUSE BILL 908

Short Title:      Discretionary Dismissal of Charges/Capacity.		(Public)
Sponsors:	Representative Greene. For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Judiciary 3, if favorable, Rules, Calendar, and Operations of the House

April 14, 2025

A BILL TO BE ENTITLED

AN ACT to give judges discretion regarding the dismissal of criminal charges when a defendant lacks capacity to proceed.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A‑1008(a) reads as rewritten:

"(a)      When a defendant lacks capacity to proceed, the court shall may dismiss the charges upon the earliest of the following occurrences:

…."

SECTION 2.  This act is effective when it becomes law and applies to offenses committed on or after that date.