NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 725

HOUSE BILL 1190

 

 

AN ACT TO LENGTHEN THE PERIOD OF TIME BEFORE WHICH UNDELIVERED ARREST PROCESS MUST BE RETURNED TO THE COURT AND TO CLARIFY THE RIGHT OF LAW ENFORCEMENT OFFICERS TO RETAIN COPIES OF CRIMINAL PROCESS FOR SERVICE UPON FUGITIVES OR ARREST UNDER THE PROVISIONS OF G.S. 15A-401(a)(2).

 

The General Assembly of North Carolina enacts:

 

Section 1.  Subdivisions a. and b. of G.S. 15A-301(d)(2) are each amended to delete "90 days" and to substitute in lieu thereof "180 days".

Sec. 2.  The second sentence of G.S. 15A-301(e)(1) is rewritten to read as follows:

"The copy may be executed as effectively as the original process whether or not the original has been redelivered as provided in G.S. 15A-301(d)(4)."

Sec. 3.  G.S. 15A-301(e) is amended to add a new subdivision (4) as follows:

"(4)      Nothing in this section prevents the making and retention of uncertified copies of process for information purposes under G.S. 15A-401(a)(2) or for any other lawful purpose."

Sec. 4.  G.S. 15A-401(a)(2) is amended to add at the end the following sentence:

"This subdivision applies even though the arrest process has been returned to the clerk under G.S. 15A-301."

Sec. 5.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 31st day of May, 1979.