Bill Text: NC S684 | 2015-2016 | Regular Session | Amended

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Bill Title: Waive Jury Trial/Procedures

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-20 - Re-ref Com On Judiciary I [S684 Detail]

Download: North_Carolina-2015-S684-Amended.html

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

S                                                                                                                                                     1

SENATE BILL 684

 

 

Short Title:        Waive Jury Trial/Procedures.		(Public)
Sponsors:	Senator Lee (Primary Sponsor).
Referred to:	Rules and Operations of the Senate.

March 30, 2015

A BILL TO BE ENTITLED

AN ACT to provide that certain items must be taken into consideration prior to consenting to a defendant's request to waive the right to trial by jury.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A‑1201 is amended by adding a new subsection to read:

"(c)       Before consenting to a defendant's waiver of the right to trial by jury, the trial judge shall do all of the following:

(1)        Inquire of the prosecutor whether the State objects to the waiver, and if the State does object, on what grounds the State bases its objection.

(2)        Address the defendant personally and determine whether the defendant fully understands and appreciates the consequences of the defendant's decision to waive the right to trial by jury.

(3)        Consider the arguments presented by both the State and the defendant regarding the defendant's waiver of a jury trial.

(4)        Determine whether the defendant's waiver is tendered in good faith and is not a tactic to procure an otherwise impermissible procedural advantage."

SECTION 2.  This act becomes effective October 1, 2015, and applies to offenses committed on or after that date.