The Daily Bulletin: Thursday, April 18, 2013
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UNC
SCHOOL OF GOVERNMENT
Published on Legislative Repotting Service ( http:/
/
lrs.sog.unc.edu)
The Daily Bulletin: Thursday, April 18, 20 13
PUBLIC/ HOUSE BILLS
H 203 (2013-2014) REVISIONS/ HOMEOWNER/ HOMEBUYER PROTECTION ACT. Filed Mar4 2013. ABILLTO BE
ENTITLED AN ACT AMENDING THE HOMEOWNER AND HOMEBUYER PROTECTION ACT.
House amendment to the 2nd edition makes the following changes. Amends GS 75- 121 (Foreclosure rescue
transactions prohibited; exceptions; violation) to refer to certified appraisers instead of licensed appraisers.
Intro, by Stam. GS 47G, GS 47H, GS 75
Property and Housing
H 217 (20 13-2014) CRIMINAL LAW/ PROCEDURE AMENDMENTS. Filed Mar 5 20 13. A BILL TO BE ENTITLED AN ACT TO
PROVIDE FOR PROBATION REVOCATION HEARINGS IN DISTRICT COURT WITH A RIGHT OF DIRECT APPEAL TO THE
COURT OF APPEALS, TO ALLOW FOR AN UNRESTRICTED RESENTENCING HEARING UPON THE REVERSAL OF A
SENTENCE ON APPELLATE REVIEW, TO AMEND THE PROCEDURE IN DRIVING WHILE IMPAIRED CASES, TO PROVIDE
FOR THE TRANSFER OF J UVENILE DEFENDANTS TO SUPERIOR COURT WHEN CHARGED WITH A MAJ OR CRIMINAL
OFFENSE, AND TO REQUIRE THE COURTS COMMISSION TO STUDY THE COURTJ URISDICTION AND J URY TRIAL
PROCESS FOR MISDEMEANORS AND OTHER METHODS OF IMPROVING THE EFFICIENCY AND ADMINISTRATION OF
THE JUSTICE SYSTEM.
House committee substitute makes the following changes to the 1st edition.
Deletes the provisions and contents of Sections 2, 3, 4, 6, and 9.
Amends GS 15A- 1335 (Resentencing after appellate review), establishing that this section does not apply when a
defendant, on direct review or collateral attack, succeeds in having a plea of guilty vacated.
Amends GS 7B-2200 (Transfer of jurisdiction of juvenile to superior court), establishing that if the alleged felony
constitutes a Class B1 through Class B2 felony and thejuvenile was 15 years of age or older at the time and the court
finds probable cause, upon motion by the elected or appointed district attorney for that district the court will transfer
the case to the superior court for trial as an adult (previous edition provided that for felonies from Class B1 to Class E,
with probable cause, the court would transfer the case to superior court).
Provides that Subcommittee
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of the House Committee on J udiciaiy is authorized to study the issue of the transfer of
juveniles to superior court for trial as adults and to determine specified statistics relating to juvenile transfers to
superior court. The subcommittee is also authorized to meet upon the call of its cochairs and to recommend legislation
in the 2014 Regular Session.
Provides that Section 1 (amending GS 7A-27) and 3 (repealing GS 15A- 1347) are effective October 1, 2013, and apply
to probation revocation hearings held on or after that date, except that this act shall not be effective for revocation
hearings that are pending on appeal to the N.C. Court of Appeals on that date, which will be heard in superior court if
returned for rehearing. Section 2 (amending GS 15A- 1335) of this act becomes effective December 1, 20 13, and applies
to resentencing hearings held on or after that date. Section 4 (amending GS 7B-2200) of this act becomes effective
December L 20 13, and applies to offenses committed on or after that date.
Intro, by Faircloth, Stam. STUDY, GS 7A, GS 7B, GS 15A
Corrections (Sentencing/ Probation), Criminal Law and
Procedure, Delinguency
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