Bill Summaries: S684 (2015-2016 Session)

Tracking:
  • Bill S 684 (2015-2016)
    Summary date: Mar 31 2015 - View summary

    Adds a new subsection (c) to GS 15A-1201 to require that a trial judge do all of the following before consenting to a defendant' waiver of the right to trial by jury: (1) ask the prosecutor if the state objects to the waiver, and if the state does object, ask the prosecutor to provide the grounds for the state's objection; (2) personally address the defendant and ascertain as to whether the defendant fully understands and appreciates the consequences of waiving the right to trial by jury; (3) review the arguments from the state and the defendant regarding the defendant's waiver of a jury trial; and (4) determine if the defendant's waiver is offered in good faith or a tactic to obtain an otherwise impermissible procedural advantage.

    Effective October 1, 2015, and applies to offenses committed on or after that date.
    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 15A

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