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Bill > S721


NC S721

NC S721
Modify Public-Initiated Criminal Processes


summary

Introduced
03/25/2025
In Committee
03/26/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO DISALLOW THE ISSUANCE OF A WARRANT FOR ARREST WHEN A CRIMINAL CHARGE IS TAKEN OUT BY A NON-LAW ENFORCEMENT OFFICER, EXCEPT IN CASES OF DOMESTIC VIOLENCE.

AI Summary

This bill modifies North Carolina's criminal procedure regarding how warrants are issued when a criminal charge is initiated by a non-law enforcement citizen. Currently, if a citizen files a criminal charge, a magistrate or judge could issue an arrest warrant under certain circumstances, such as when there was corroborating testimony from a law enforcement officer or another witness. The bill eliminates those existing circumstances and now mandates that for citizen-initiated criminal charges, a criminal summons (a document requiring the accused to appear in court) must be issued instead of an arrest warrant, with the sole exception being cases involving domestic violence as defined in North Carolina General Statute 50B-1. This change means that for most criminal charges initiated by private citizens, the accused will receive a summons to appear in court rather than being subject to immediate arrest. The bill is set to take effect on October 1, 2025, and will apply to criminal processes issued on or after that date, giving law enforcement and judicial systems time to prepare for the new procedure.

Sponsors (4)

Last Action

Ref To Com On Rules and Operations of the Senate (on 03/26/2025)

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