NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 1179

SENATE BILL 962

 

 

AN ACT TO MAKE TECHNICAL CORRECTIONS IN CHAPTER 787 OF THE 1977 SESSION LAWS, THE SPEEDY TRIAL ACT.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15A-701(a)(1), as contained in Section 1 of Chapter 787 of the 1977 Session Laws, is amended by deleting the words "is notified pursuant to G.S. 15A-630 that an indictment has been filed with the superior court against him" and by inserting in lieu therefor the following: "is indicted".

Sec. 2.  G.S. 15A-701(a1) and G.S. 15A-701(a1)(1), as contained in Section 1 of Chapter 787 of the 1977 Session Laws, are amended by deleting the words "is notified pursuant to G.S. 15A-630 that an indictment has been filed against him" and by inserting in lieu thereof the following: "is indicted".

Sec. 3.  G.S. 15A-701(a)(3) and G.S. 15A-701(a1)(3), as contained in Section 1 of Chapter 787 of the 1977 Session Laws, are amended by deleting the words "was notified pursuant to G.S. 15A-630 that an indictment has been filed with the superior court against him" and by inserting in lieu thereof the following: "was indicted".

Sec. 4.  G.S. 15A-701(b)(7)a., as contained in Section 1 of Chapter 787 of the 1977 Session Laws, is amended by inserting the word "and" following the semicolon.

Sec. 5.  G.S. 15A-701(b)(7)b., as contained in Section 1 of Chapter 787 of the 1977 Session Laws, is amended by deleting the word "and" following the semicolon.

Sec. 6. G.S. 15A-701(b)(7)c., as contained in Section 1 of Chapter 787 of the 1977 Session Laws, is repealed.

Sec. 7.  G.S. 15A-701(b)(10), as contained in Section 1 of Chapter 787 of the 1977 Session Laws, is amended by deleting the period and inserting the following in lieu thereof "; and".

Sec. 8.  G.S. 15A-701(b), as contained in Section 1 of Chapter 787 of the 1977 Session Laws, is amended by adding a new subdivision to read as follows:

"(11)    a period of delay from time the prosecutor enters a dismissal with leave for the nonappearance of the defendant until the prosecutor reinstitutes the proceedings pursuant to G.S. 15A-932."

Sec. 9.  Section 2 of Chapter 787 of the 1977 Session Laws is amended by deleting the words "is notified pursuant to G.S. 15A-630 that an indictment has been filed with the superior court against him" and by inserting in lieu thereof the following: "is indicted".

Sec. 10.  Section 3 of Chapter 787 of the 1977 Session Laws is repealed.

Sec. 11.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1978.