NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1018

HOUSE BILL 1005

 

 

AN ACT TO AMEND G.S. 15A-701(a)(2) AND G.S. 15A-701(al)(2) TO REALIGN TIME LIMITS IN MISDEMEANOR CASES APPEALED TO SUPERIOR COURT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15A-701(a)(2) is rewritten to read as follows:

"(2)      Within 90 days from the first regularly scheduled criminal session of superior court held after the defendant has given notice of appeal in a misdemeanor case for a trial de novo in the superior court;".

Sec. 2.  G.S. 15A-701(al)(2) is rewritten to read as follows:

"(2)      Within 120 days from the first regularly scheduled criminal session of superior court held after the defendant has given notice of appeal in a misdemeanor case for a trial de novo in the superior court;".

Sec. 2A.  G.S. 15A-701(al)(3) is hereby amended in the first lines thereof by adding the words and punctuation", or a finding of no probable cause pursuant to G.S. 15A-612" after the phrase "other than under G.S. 15A-703".

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 8th day of June, 1979.