NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 593

HOUSE BILL 414

 

 

AN ACT TO CLARIFY THE AUTHORITY OF THE DISTRICT ATTORNEY TO RELEASE PROPERTY SEIZED AS EVIDENCE PRIOR TO TRIAL AND TO DESIGNATE WHO SHALL BE RESPONSIBLE FOR STORAGE FEES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15-11.1(a), as the same is found in Volume 1C of the General Statutes, 1978 Replacement, is amended by deleting on line five the second sentence beginning with the words "Upon application" and ending on line nine with the words "entitled to possession" and substituting in lieu thereof the following:

"Upon application by the lawful owner or a person, firm or corporation entitled to possession or upon his own determination, the district attorney may release any property seized pursuant to his lawful authority if he determines that such property is no longer useful or necessary as evidence in a criminal trial and he is presented with satisfactory evidence of ownership. If the district attorney refuses to release such property, the lawful owner or a person, firm or corporation entitled to possession may make application to the court for return of the property. The court, after notice to all parties, including the defendant, and after hearing, may in its discretion order any or all of the property returned to the lawful owner or a person, firm or corporation entitled to possession."

Sec. 2.  This act shall become effective October 1, 1979.

In the General Assembly read three times and ratified, this the 21st day of May, 1979.