NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 1000

HOUSE BILL 689

 

 

AN ACT AMENDING ARTICLE 20 OF CHAPTER 15 OF THE GENERAL STATUTES SO AS TO REQUIRE THE SOLICITOR WHEN PRAYING THAT A SUSPENDED SENTENCE BE PLACED INTO EFFECT TO HAVE SERVED UPON THE DEFENDANT A BILL OF PARTICULARS SETTING FORTH THE TIME, PLACE AND MANNER IN WHICH THE TERMS OF SAID SENTENCE ARE ALLEGED TO HAVE BEEN VIOLATED.

 

The General Assembly of North Carolina do enact:

 

Section 1.  That Article 20, Chapter 15 of the General Statutes, be and the same is hereby amended by adding a new Section immediately following G.S. 15‑200.1 to be numbered G.S. 15‑200.2 and reading as follows:

"G.S. 15‑200.2.  In any case in the Superior Court in which the Solicitor for the State prays that a suspended sentence be placed into effect, the Solicitor shall, by the day prior to the time he intends to pray judgment placing such suspended sentence into effect, cause to be served upon the defendant a bill of particulars setting forth the time, the place and the manner in which the terms and conditions of such suspended sentence are alleged to have been violated by the defendant. No form of bill of particulars must be followed and the informality or defectiveness of same is not a ground for appeal. Provided, that such notice may be waived in writing by the defendant."

Sec. 2.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 17th day of June, 1961.