NORTH CAROLINA GENERAL ASSEMBLY

1977 SESSION

 

 

CHAPTER 813

SENATE BILL 872

 

 

AN ACT TO AMEND CHAPTER 13 OF THE GENERAL STATUTES RELATING TO RESTORATION OF RIGHTS OF FEDERAL PRISONERS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 13.1 is hereby amended by adding a new subdivision (4) as follows:

"(4)      With regard to any person convicted of a crime against the United States, the unconditional discharge of such person by the agency of the United States having jurisdiction of such person, the unconditional pardon of such person or the satisfaction by such person of a conditional pardon."

Sec. 2.  G.S. 13-2 is hereby amended by adding at the end thereof the following:

"In the case of a person convicted of a crime against the United States, whose rights to citizenship have been restored according to G.S. 13-1, the following provisions shall apply:

(1)        It shall be the duty of the clerk of the court in the county where such person resides, upon a showing by such person or his representative that the conditions of G.S. 13-1 have been met, to issue the certificate described in this paragraph. For purposes of this section, the fulfillment of the conditions of G.S. 13-1 shall be considered met upon the presentation to the clerk of any paper writing from the agency of the United States government which had jurisdiction over such person, which shows that the conditions of G.S. 13-1 have been met.

(2)        The certificate described in this paragraph shall be filed by the Clerk of the General Court of Justice in the county in which such person resides as though it were a civil action bearing such person's name.

(3)        The provisions of this section apply equally to conditional and unconditional pardons by the President of the United States, as well as unconditional discharges by the agency of the United States having jurisdiction over said person."

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 29th day of June, 1977.