Signed by Governor Josh Stein

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that amends various criminal justice regulations, including pretrial release, death sentence trials, and punishment for crimes related to public transit in North Carolina.

Highlights:

• Requires arresting law enforcement officers to inform any judicial official determining conditions of pretrial release of any behavior observed by the officer that provides reason to believe the defendant is a danger to themselves or others (Sec. 1).

• Requires the presumption that no condition of release will assure a defendant appears to the court as required following pretrial release (Sec. 1).

• Requires a judicial official to order medical examination or hospital admittance for defendants charged in a violent crime who are believed to be a danger to themselves or others prior to any pretrial release (Sec. 1).

• Repeals the authorization for a judicial official to release a defendant on the basis of their written promise to appear at future required hearings (Sec. 1).

• Repeals certain authorizations for judicial officials to grant pretrial release to defendants charged with a violent offense (Sec. 1).

• Authorizes a judicial official to grant pretrial release to a defendant charged with a violent offense under the following conditions (Sec. 1):

• A defendant charged with a first violent offense may only be released on bond paid in full with cash, by a mortgage, or by at least one solvent surety;

• A defendant charged with a first violent offense may be released under house arrest with electronic monitoring; and

• A defendant charged with a second or subsequent violent offense may only be released under house arrest with electronic monitoring.

• Expands the criteria for aggravating factors in a violent offense to include instances in which an offense was committed while the victim was using a public transportation system (Sec. 2).

• Requires magistrates to adhere to rules of conduct relating to conflicts of interest (Sec. 3).

• Authorizes a magistrate to be suspended or removed for failure to make statutorily required written findings, and authorizes the Chief Justice to order such suspension or removal (Sec. 3).

• Specifies that magistrates may not be permanently removed solely for the failure to make statutorily required written findings (Sec. 3).

• Requires the North Carolina Collaboratory to study the following (Sec. 4):

• The intersection of mental health in the justice system for adults and juveniles, and any other items the Collaboratory deems relevant;

• The availability of house arrest as a condition of pretrial release in each county or judicial district; and

• Methods of execution other than those currently authorized by state law.

• Prohibits the recreation of the Task Force for Racial Equity in Criminal Justice except by act of the General Assembly (Sec. 5).

• Requires a court to hear a motion for appropriate relief in a capital case involving the death penalty within 24 months of the motion being filed (Sec. 6).

• Requires the Supreme Court to review cases that result in a sentence of death within 24 months of the entry of judgment (Sec. 6).

• Requires post conviction proceedings in capital cases where the sentence is death to occur in the county of conviction (Sec. 6).

• Authorizes alternative methods of execution that have been adopted by another state in the case that lethal injection is found to be unconstitutional or otherwise unavailable (Sec. 6).

• Specifies that the Department of Adult Correction has 120 days to establish protocols and procedures for an alternative method of execution, and a date of execution of a death sentence must be scheduled for a date within 60 days after that (Sec. 6).

• Authorizes a district attorney to motion for the determination by a judge of a defendant’s need for involuntary commitment prior to any dismissal of charges (Sec. 7).

• Specifies that the dismissal of criminal charges in a case where the defendant lacks capacity to proceed in hearings is authorized, but charges may not be expunged (Sec. 7).

• Requires the notification of the district attorney of the district where an individual was found incapable of proceeding upon the individual’s release from a physician’s facility (Sec. 7).

• Specifies that this Section takes effect December 1, 2025 (Sec. 7).

• Authorizes one-year extensions of probation for a juvenile found guilty of an offense that would be a Class A, B1, or B2 felony if committed by an adult if the court finds that the extension is necessary to protect the community or the juvenile (Sec. 8).

• Requires three years of post-release supervision for juveniles found guilty of an offense that would be a Class A, B1, or B2 felony if committed by an adult (Sec. 8).

• Specifies that this Section takes effect December 1, 2025 (Sec. 8).

• Expands the number of full-time assistant district attorneys in Mecklenburg County from 61 to 71, and appropriates funds to accommodate the expansion (Sec. 9).

• Prohibits a physician from releasing an individual who has had a conviction for a violent offense in the previous 10 years, and who has been subject to involuntary commitment within the previous 5 years, unless ordered by a court or authorized by a judge (Sec. 9).

• Specifies that this Act takes effect immediately upon passage except as otherwise provided (Sec. 10).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that amends various criminal justice regulations, including pretrial release, death sentence trials, and punishment for crimes related to public transit in North Carolina.

Highlights:

• Requires arresting law enforcement officers to inform any judicial official determining conditions of pretrial release of any behavior observed by the officer that provides reason to believe the defendant is a danger to themselves or others (Sec. 1).

• Requires the presumption that no condition of release will assure a defendant appears to the court as required following pretrial release (Sec. 1).

• Requires a judicial official to order medical examination or hospital admittance for defendants charged in a violent crime who are believed to be a danger to themselves or others prior to any pretrial release (Sec. 1).

• Repeals the authorization for a judicial official to release a defendant on the basis of their written promise to appear at future required hearings (Sec. 1).

• Repeals certain authorizations for judicial officials to grant pretrial release to defendants charged with a violent offense (Sec. 1).

• Authorizes a judicial official to grant pretrial release to a defendant charged with a violent offense under the following conditions (Sec. 1):

• A defendant charged with a first violent offense may only be released on bond paid in full with cash, by a mortgage, or by at least one solvent surety;

• A defendant charged with a first violent offense may be released under house arrest with electronic monitoring; and

• A defendant charged with a second or subsequent violent offense may only be released under house arrest with electronic monitoring.

• Expands the criteria for aggravating factors in a violent offense to include instances in which an offense was committed while the victim was using a public transportation system (Sec. 2).

• Requires magistrates to adhere to rules of conduct relating to conflicts of interest (Sec. 3).

• Authorizes a magistrate to be suspended or removed for failure to make statutorily required written findings, and authorizes the Chief Justice to order such suspension or removal (Sec. 3).

• Specifies that magistrates may not be permanently removed solely for the failure to make statutorily required written findings (Sec. 3).

• Requires the North Carolina Collaboratory to study the following (Sec. 4):

• The intersection of mental health in the justice system for adults and juveniles, and any other items the Collaboratory deems relevant;

• The availability of house arrest as a condition of pretrial release in each county or judicial district; and

• Methods of execution other than those currently authorized by state law.

• Prohibits the recreation of the Task Force for Racial Equity in Criminal Justice except by act of the General Assembly (Sec. 5).

• Requires a court to hear a motion for appropriate relief in a capital case involving the death penalty within 24 months of the motion being filed (Sec. 6).

• Requires the Supreme Court to review cases that result in a sentence of death within 24 months of the entry of judgment (Sec. 6).

• Requires post conviction proceedings in capital cases where the sentence is death to occur in the county of conviction (Sec. 6).

• Authorizes alternative methods of execution that have been adopted by another state in the case that lethal injection is found to be unconstitutional or otherwise unavailable (Sec. 6).

• Specifies that the Department of Adult Correction has 120 days to establish protocols and procedures for an alternative method of execution, and a date of execution of a death sentence must be scheduled for a date within 60 days after that (Sec. 6).

• Authorizes a district attorney to motion for the determination by a judge of a defendant’s need for involuntary commitment prior to any dismissal of charges (Sec. 7).

• Specifies that the dismissal of criminal charges in a case where the defendant lacks capacity to proceed in hearings is authorized, but charges may not be expunged (Sec. 7).

• Requires the notification of the district attorney of the district where an individual was found incapable of proceeding upon the individual’s release from a physician’s facility (Sec. 7).

• Specifies that this Section takes effect December 1, 2025 (Sec. 7).

• Authorizes one-year extensions of probation for a juvenile found guilty of an offense that would be a Class A, B1, or B2 felony if committed by an adult if the court finds that the extension is necessary to protect the community or the juvenile (Sec. 8).

• Requires three years of post-release supervision for juveniles found guilty of an offense that would be a Class A, B1, or B2 felony if committed by an adult (Sec. 8).

• Specifies that this Section takes effect December 1, 2025 (Sec. 8).

• Expands the number of full-time assistant district attorneys in Mecklenburg County from 61 to 71, and appropriates funds to accommodate the expansion (Sec. 9).

• Prohibits a physician from releasing an individual who has had a conviction for a violent offense in the previous 10 years, and who has been subject to involuntary commitment within the previous 5 years, unless ordered by a court or authorized by a judge (Sec. 9).

• Specifies that this Act takes effect immediately upon passage except as otherwise provided (Sec. 10).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends various criminal justice regulations, including pretrial release, death sentence trials, and punishment for crimes related to public transit in North Carolina.

Highlights:

• Requires arresting law enforcement officers to inform any judicial official determining conditions of pretrial release of any behavior observed by the officer that provides reason to believe the defendant is a danger to themselves or others (Sec. 1).

• Requires the presumption that no condition of release will assure a defendant appears to the court as required following pretrial release (Sec. 1).

• Requires a judicial official to order medical examination or hospital admittance for defendants charged in a violent crime who are believed to be a danger to themselves or others prior to any pretrial release (Sec. 1).

• Repeals the authorization for a judicial official to release a defendant on the basis of their written promise to appear at future required hearings (Sec. 1).

• Repeals certain authorizations for judicial officials to grant pretrial release to defendants charged with a violent offense (Sec. 1).

• Authorizes a judicial official to grant pretrial release to a defendant charged with a violent offense under the following conditions (Sec. 1):

• A defendant charged with a first violent offense may only be released on bond paid in full with cash, by a mortgage, or by at least one solvent surety;

• A defendant charged with a first violent offense may be released under house arrest with electronic monitoring; and

• A defendant charged with a second or subsequent violent offense may only be released under house arrest with electronic monitoring.

• Expands the criteria for aggravating factors in a violent offense to include instances in which an offense was committed while the victim was using a public transportation system (Sec. 2).

• Requires magistrates to adhere to rules of conduct relating to conflicts of interest (Sec. 3).

• Authorizes a magistrate to be suspended or removed for failure to make statutorily required written findings, and authorizes the Chief Justice to order such suspension or removal (Sec. 3).

• Specifies that magistrates may not be permanently removed solely for the failure to make statutorily required written findings (Sec. 3).

• Requires the North Carolina Collaboratory to study the following (Sec. 4):

• The intersection of mental health in the justice system for adults and juveniles, and any other items the Collaboratory deems relevant;

• The availability of house arrest as a condition of pretrial release in each county or judicial district; and

• Methods of execution other than those currently authorized by state law.

• Prohibits the recreation of the Task Force for Racial Equity in Criminal Justice except by act of the General Assembly (Sec. 5).

• Requires a court to hear a motion for appropriate relief in a capital case involving the death penalty within 24 months of the motion being filed (Sec. 6).

• Requires the Supreme Court to review cases that result in a sentence of death within 24 months of the entry of judgment (Sec. 6).

• Requires post conviction proceedings in capital cases where the sentence is death to occur in the county of conviction (Sec. 6).

• Authorizes alternative methods of execution that have been adopted by another state in the case that lethal injection is found to be unconstitutional or otherwise unavailable (Sec. 6).

• Specifies that the Department of Adult Correction has 120 days to establish protocols and procedures for an alternative method of execution, and a date of execution of a death sentence must be scheduled for a date within 60 days after that (Sec. 6).

• Authorizes a district attorney to motion for the determination by a judge of a defendant’s need for involuntary commitment prior to any dismissal of charges (Sec. 7).

• Specifies that the dismissal of criminal charges in a case where the defendant lacks capacity to proceed in hearings is authorized, but charges may not be expunged (Sec. 7).

• Requires the notification of the district attorney of the district where an individual was found incapable of proceeding upon the individual’s release from a physician’s facility (Sec. 7).

• Specifies that this Section takes effect December 1, 2025 (Sec. 7).

• Authorizes one-year extensions of probation for a juvenile found guilty of an offense that would be a Class A, B1, or B2 felony if committed by an adult if the court finds that the extension is necessary to protect the community or the juvenile (Sec. 8).

• Requires three years of post-release supervision for juveniles found guilty of an offense that would be a Class A, B1, or B2 felony if committed by an adult (Sec. 8).

• Specifies that this Section takes effect December 1, 2025 (Sec. 8).

• Expands the number of full-time assistant district attorneys in Mecklenburg County from 61 to 71, and appropriates funds to accommodate the expansion (Sec. 9).

• Prohibits a physician from releasing an individual who has had a conviction for a violent offense in the previous 10 years, and who has been subject to involuntary commitment within the previous 5 years, unless ordered by a court or authorized by a judge (Sec. 9).

• Specifies that this Act takes effect immediately upon passage except as otherwise provided (Sec. 10).

Full Bill Text