Bill Text: NC S189 | 2017-2018 | Regular Session | Amended
Bill Title: Tolling of Misd. Statute of Limitations
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2017-03-21 - Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate [S189 Detail]
Download: North_Carolina-2017-S189-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 189
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Short Title: Tolling of Misd. Statute of Limitations. |
(Public) |
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Sponsors: |
Senators Britt, Randleman, and J. Jackson (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 7, 2017
A BILL TO BE ENTITLED
AN ACT to amend the statute of limitations for misdemeanors charged through any criminal process and to provide for tolling of the statute of limitations when misdemeanors are dismissed with leave.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15‑1 reads as rewritten:
"§ 15‑1. Statute of limitations for misdemeanors.
The crimes of deceit and malicious
mischief, and the crime of petit larceny where the value of the property does
not exceed five dollars ($5.00), and all misdemeanors except malicious
misdemeanors, shall be presented or found by the grand jury charged within
two years after the commission of the same, and not afterwards: Provided, that
if any indictment criminal process found within that time shall be
defective, so that no judgment can be given thereon, another prosecution may be
instituted for the same offense, within one year after the first shall have
been abandoned by the State. In addition, this statute of limitations shall
be tolled during the time a misdemeanor is dismissed with leave."
SECTION 2. This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.
