NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 651

HOUSE BILL 1165

 

 

AN ACT TO AUTHORIZE THE CLERK OF SUPERIOR COURT TO CONDUCT A FIRST APPEARANCE AND APPOINT COUNSEL WHEN A DISTRICT COURT JUDGE IS NOT AVAILABLE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15A-601 as the same appears in the 1978 Replacement Volume 1C of the General Statutes is hereby amended by adding thereto a new subsection (e) to read as follows:

"(e)       The clerk of the Superior Court in the county in which the defendant is taken into custody may conduct a first appearance as provided in this Article if a district court judge is not available in the county within 96 hours after the defendant is taken into custody. The clerk, in conducting a first appearance, shall proceed under this Article as would a district court judge."

Sec. 2.  This act shall become effective October 1, 1979.

In the General Assembly read three times and ratified, this the 28th day of May, 1979.