reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-537 - Persons authorized to effect release.

§ 15A-537. Persons authorized to effect release.
(a) Following any authorization of release of any person in accordance with the provisions of this Article, any judicial official must effect the release of that person upon satisfying himself that the conditions of release have been met. In the absence of a judicial official, any law-enforcement officer or custodial official having the person in custody must effect the release upon satisfying himself that the conditions of release have been met, but law-enforcement and custodial agencies may administratively direct which officers or officials are authorized to effect release under this section. Satisfying oneself whether conditions of release are met includes determining if sureties are sufficiently solvent to meet the bond obligation, but no judicial official, officer, or custodial official may be held civilly liable for actions taken in good faith under this section.
(b) Upon release of the person in question, the person effecting release must file any bond, deposit, or mortgage and other documents pertaining to the release with the clerk of the court in which release was authorized.
(c) For the limited purposes of this section, any law-enforcement officer or custodial official may administer oaths to sureties and take other actions necessary in carrying out the duties imposed by this section. Any surety bond so taken is to be regarded in every respect as any other bail bond. (1973, c. 1286, s. 1; 1977, c. 711, s. 23; 2022-47, s. 16(j).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-538 - Modification of order on motion of person detained; substitution of surety.

§ 15A-538. Modification of order on motion of person detained; substitution of surety.
(a) A person who is detained or objects to the conditions required for his release which were imposed or allowed to stand by order of a district court judge may apply in writing to a superior court judge to modify the order.
(b) The power to modify an order includes the power to substitute sureties upon any bond. Substitution or addition of acceptable sureties may be made at the request of any obligor on a bond or, in the interests of justice, at the request of a prosecutor under the provisions of G.S. 15A-539. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-539 - Modification upon motion of prosecutor.

§ 15A-539. Modification upon motion of prosecutor.
(a) A prosecutor may at any time apply to an appropriate district court judge or superior court judge for modification or revocation of an order of release under this Article.
(b) A district or superior court judge may, upon motion of the State or upon the judge's own motion, and for good cause shown, conduct a hearing into the source of money or property to be posted for any defendant who is about to be released on a secured appearance bond. The court may refuse to accept offered money or property as security for the appearance bond that, because of its source, will not reasonably assure the appearance of the person as required. The State shall have the burden of proving, by a preponderance of the evidence, the facts supporting the court's decision to refuse to accept the offered money or property as security for the bond.
(c) Nothing in this section shall affect the legal rights of any surety on a bail bond, bonding company, or a professional bondsman. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2005-375, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-540 - Surrender of a defendant by a surety; setting new conditions of release.

§ 15A-540. Surrender of a defendant by a surety; setting new conditions of release.
(a) Going Off the Bond Before Breach. – Before there has been a breach of the conditions of a bail bond, the surety may surrender the defendant as provided in G.S. 58-71-20. Upon application by the surety after such surrender, the clerk must exonerate the surety from the bond.
(b) Surrender After Breach of Condition. – After there has been a breach of the conditions of a bail bond, a surety may surrender the defendant as provided in this subsection. A surety may arrest the defendant for the purpose of returning the defendant to the sheriff. After arresting a defendant, the surety may surrender the defendant to the sheriff of the county in which the defendant is bonded to appear or to the sheriff where the defendant was bonded. Alternatively, a surety may surrender a defendant who is already in the custody of any sheriff by appearing in person and informing the sheriff that the surety wishes to surrender the defendant. Before surrendering a defendant to a sheriff, the surety must provide the sheriff with a copy of the bail bond, forfeiture, or release order. Upon surrender of the defendant, the sheriff shall provide a receipt to the surety.
(c) New Conditions of Pretrial Release. – When a defendant is surrendered by a surety under subsection (b) of this section, the sheriff shall without unnecessary delay take the defendant before a judicial official, along with a copy of the undertaking received from the surety and a copy of the receipt provided to the surety. The judicial official shall then determine whether the defendant is again entitled to release and, if so, upon what conditions.
(d) A surety may utilize the services and assistance of any surety bondsman, professional bondsman, or runner licensed under G.S. 58-71-40 to effect the arrest or surrender of a defendant under subsection (a) or (b) of this section. (1973, c. 1286, s. 1; 1995, c. 290, s. 2; 2000-133, s. 2; 2001-487, s. 46.5(a); 2013-139, s. 2; 2014-120, s. 12(b).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-541 - Persons prohibited from becoming surety.

§ 15A-541. Persons prohibited from becoming surety.
(a) No sheriff, deputy sheriff, other law-enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, assistant jailer, employee of the General Court of Justice, other public employee assigned to duties relating to the administration of criminal justice, or spouse of any such person may in any case become surety on a bail bond for any person other than a member of his immediate family. In addition no person covered by this section may act as agent for any bonding company or professional bondsman. No such person may have an interest, directly or indirectly, in the financial affairs of any firm or corporation whose principal business is acting as bondsman.
(b) A violation of this section is a Class 2 misdemeanor. (1973, c. 1286, s. 1; 1993, c. 539, s. 299; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-542 - False qualification by surety.

§ 15A-542. False qualification by surety.
(a) No person may sign an appearance bond as surety knowing or having reason to know that he does not own sufficient property over and above his exemption allowed by law to enable him to pay the bond should it be ordered forfeited.
(b) A violation of this section is a Class 2 misdemeanor. (1973, c. 1286, s. 1; 1993, c. 539, s. 300; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-543 - Penalties for failure to appear.

§ 15A-543. Penalties for failure to appear.
(a) In addition to forfeiture imposed under Part 2 of this Article, any person released pursuant to this Article who willfully fails to appear before any court or judicial official as required is subject to the criminal penalties set out in this section.
(b) A violation of this section is a Class I felony if:
(1) The violator was released in connection with a felony charge against him; or
(2) The violator was released under the provisions of G.S. 15A-536.
(c) If, except as provided in subsection (b) above, a violator was released in connection with a misdemeanor charge against him, a violation of this section is a Class 2 misdemeanor. (1973, c. 1286, s. 1; 1983, c. 294, s. 4; 1993, c. 539, s. 301; 1994, Ex. Sess., c. 14, s. 16; c. 24, s. 14(c); 2000-133, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-544.1 - Forfeiture jurisdiction.

§ 15A-544.1. Forfeiture jurisdiction.
By executing a bail bond the defendant and each surety submit to the jurisdiction of the court and irrevocably consent to be bound by any notice given in compliance with this Part. The liability of the defendant and each surety may be enforced as provided in this Part, without the necessity of an independent action. (2000-133, s. 6.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-544.2 - Identifying information on bond.

§ 15A-544.2. Identifying information on bond.
(a) The following information shall be entered on each bail bond executed under Part 1 of this Article:
(1) The name and mailing address of the defendant.
(2) The name and mailing address of any accommodation bondsman executing the bond as surety.
(3) The name and license number of any professional bondsman executing the bond as surety and the name and license number of the runner executing the bail bond on behalf of the professional bondsman.
(4) The name of any insurance company executing the bond as surety, and the name, license number, and power of appointment number of the bail agent executing the bail bond on behalf of the insurance company.
(b) If a defendant is released upon execution of a bail bond that does not contain all the information required by subsection (a) of this section, the defendant's order of pretrial release may be revoked as provided in G.S. 15A-534(f). (2000-133, s. 6.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-544.4 - Notice of forfeiture.

§ 15A-544.4. Notice of forfeiture.
(a) The court shall give notice of the entry of forfeiture by mailing a copy of the forfeiture to the defendant and to each surety whose name appears on the bail bond.
(b) The notice shall be sent by first-class mail to the defendant and to each surety named on the bond at the surety's address of record.
(c) If a bail agent on behalf of an insurance company executed the bond, the court shall also provide a copy of the forfeiture to the bail agent, but failure to provide notice to the bail agent shall not affect the validity of any notice given to the insurance company.
(d) Notice given under this section is effective when the notice is mailed.
(e) Notice under this section shall be mailed not later than the 30th day after the date on which the defendant fails to appear as required and a call and fail is ordered. (2000-133, s. 6; 2009-550, s. 1; 2022-73, s. 3(b).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-544.6 - Final judgment of forfeiture.

§ 15A-544.6. Final judgment of forfeiture.
A forfeiture entered under G.S. 15A-544.3 becomes a final judgment of forfeiture without further action by the court and may be enforced under G.S. 15A-544.7, on the one hundred fiftieth day after notice is given under G.S. 15A-544.4, if:
(1) No order setting aside the forfeiture under G.S. 15A-544.5 is entered on or before that date; and
(2) No motion to set aside the forfeiture is pending on that date. (2000-133, s. 6.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-544.7 - Docketing and enforcement of final judgment of forfeiture.

§ 15A-544.7. Docketing and enforcement of final judgment of forfeiture.
(a) Final Judgment Docketed As Civil Judgment. – When a forfeiture has become a final judgment under this Part, the clerk of superior court, under G.S. 1-234, shall docket the judgment as a civil judgment against the defendant and against each surety named in the judgment.
(b) Judgment Lien. – When a final judgment of forfeiture is docketed, the judgment shall become a lien on the real property of the defendant and of each surety named in the judgment, as provided in G.S. 1-234.
(c) Execution; Copy to Commissioner of Insurance. – After docketing a final judgment under this section, the clerk shall:
(1) Issue execution on the judgment against the defendant and against each accommodation bondsman and professional bondsman named in the judgment and shall remit the clear proceeds to the county finance officer as provided in G.S. 115C-452.
(2) If an insurance company or professional bondsman is named in the judgment, send the Commissioner of Insurance a notice of the judgment, showing the date on which the judgment was docketed.
(d) Sureties, Professional Bail Bondsmen, Bail Agents, and Runners May Not Execute Bonds in County. – After a final judgment is docketed as provided in this section, no surety named in the judgment shall become a surety on any bail bond in the county in which the judgment is docketed until the judgment is satisfied in full. In addition, no professional bail bondsman, bail agent, or runner whose name appears on a bond posted in that person's licensed capacity for which a final judgment of forfeiture has been entered shall sign any bond in any licensed capacity statewide until the judgment is satisfied in full. (2000-133, s. 6; 2006-188, s. 2; 2016-107, s. 2.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-544.8 - Relief from final judgment of forfeiture.

§ 15A-544.8. Relief from final judgment of forfeiture.
(a) Relief Exclusive. – There is no relief from a final judgment of forfeiture except as provided in this section.
(b) Reasons. – The court may grant the defendant or any surety named in the judgment relief from the judgment, for the following reasons, and none other:
(1) The person seeking relief was not given notice as provided in G.S. 15A-544.4. However, the court shall not grant relief under this subdivision solely due to the court's failure to provide notice within 30 days as required by G.S. 15A-544.4(e).
(2) Other extraordinary circumstances exist that the court, in its discretion, determines should entitle that person to relief.
(c) Procedure. – The procedure for obtaining relief from a final judgment under this section is as follows:
(1) At any time before the expiration of three years after the date on which a judgment of forfeiture became final, any of the following parties named in the judgment may make a written motion for relief under this section:
a. The defendant.
b. Any surety.
c. A professional bondsman or a runner acting on behalf of a professional bondsman.
d. A bail agent acting on behalf of an insurance company.
The written motion shall state the reasons for the motion and set forth the evidence in support of each reason.
(2) The motion shall be filed in the office of the clerk of superior court of the county in which the final judgment was, entered. The moving party shall, under G.S. 1A-1, Rule 5, serve a copy of the motion on the district attorney for that county and on the attorney for the county board of education.
(3) A hearing on the motion shall be scheduled within a reasonable time in the trial division in which the defendant was bonded to appear.
(4) At the hearing the court may grant the party any relief from the judgment that the court considers appropriate, including the refund of all or a part of any money paid to satisfy the judgment.
(d) Only One Motion. – No more than one motion by any party for relief under this section may be considered by the court.
(e) Finality of Judgment as to Other Parties Not Affected. – The finality of a final judgment of forfeiture shall not be affected, as to any party to the judgment, by the filing of a motion by, or the granting of relief to, any other party.
(f) Appeal. – An order on a motion for relief from a final judgment of forfeiture is a final order or judgment of the trial court for purposes of appeal. Appeal is the same as provided for appeals in civil actions. When notice of appeal is properly filed, the court may stay the effectiveness of the order on any conditions it considers appropriate. (2000-133, s. 6; 2011-377, ss. 9, 10; 2013-139, s. 5; 2022-73, s. 3(d).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 26 - Bail. › § 15A-547.1 - Remit bail bond if defendant sentenced to community or intermediate punishment.

§ 15A-547.1. Remit bail bond if defendant sentenced to community or intermediate punishment.
If a defendant is convicted and sentenced to community punishment or intermediate punishment and no appeal is pending, then the court shall remit the bail bond to the obligor in accordance with the provisions of this Article and shall not require that the bail bond continue to be posted while the defendant serves his or her sentence. (1995, c. 290, s. 4.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 29 - First Appearance Before District Court Judge. › § 15A-602 - Warning of right against self-incrimination.

§ 15A-602. Warning of right against self-incrimination.
Except when he is accompanied by his counsel, the judge must inform the defendant of his right to remain silent and that anything he says may be used against him. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 29 - First Appearance Before District Court Judge. › § 15A-603 - Assuring defendant's right to counsel.

§ 15A-603. Assuring defendant's right to counsel.
(a) The judge must determine whether the defendant has retained counsel or, if indigent, has been assigned counsel.
(b) If the defendant is not represented by counsel, the judge must inform the defendant that he has important legal rights which may be waived unless asserted in a timely and proper manner and that counsel may be of assistance to the defendant in advising him and acting in his behalf. The judge must inform the defendant of his right to be represented by counsel and that he will be furnished counsel if he is indigent. The judge shall also advise the defendant that if he is convicted and placed on probation, payment of the expense of counsel assigned to represent him may be made a condition of probation, and that if he is acquitted, he will have no obligation to pay the expense of assigned counsel.
(c) If the defendant asserts that he is indigent and desires counsel, the judge must proceed in accordance with the provisions of Article 36 of Chapter 7A of the General Statutes.
(d) If the defendant is found not to be indigent and indicates that he desires to be represented by counsel, the judge must inform him that he should obtain counsel promptly.
(e) If the defendant desires to waive representation by counsel, the waiver must be in writing in accordance with the provisions of Article 36 of Chapter 7A of the General Statutes except as otherwise provided in this Article. (1973, c. 1286, s. 1; 1981, c. 409, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 29 - First Appearance Before District Court Judge. › § 15A-604 - Determination of sufficiency of charge.

§ 15A-604. Determination of sufficiency of charge.
(a) The judge must examine each criminal process or magistrate's order and determine whether each charge against the defendant charges either [of the following]:
(1) A criminal offense within the original jurisdiction of the superior court.
(2) A misdemeanor offense within the original jurisdiction of the district court.
(b) If the judge determines that the process or order fails to charge a criminal offense within the original jurisdiction of the superior court or a misdemeanor within the original jurisdiction of the district court, the judge must notify the prosecutor and take further appropriate action, including one or more of the following:
(1) Dismiss the charge.
(2) Permit the State to amend the statement of the crime in the process or order.
(3) Continue the proceedings, for not more than 24 hours, to permit the State to initiate new charges.
(4) For a pleading that purported to allege a criminal offense within the original jurisdiction of the superior court, with the consent of the prosecutor, set the case for trial in the district court if the charge is found to be within the original jurisdiction of the district court. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2022-47, s. 15(b).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 29 - First Appearance Before District Court Judge. › § 15A-605 - Additional proceedings at first appearance before judge.

§ 15A-605. Additional proceedings at first appearance before judge.
The judge must:
(1) Inform the defendant of the charges against him;
(2) Determine that the defendant or his counsel has been furnished a copy of the process or order; and
(3) Determine or review the defendant's eligibility for release under Article 26 of this Chapter, Bail. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 29 - First Appearance Before District Court Judge. › § 15A-606 - Demand or waiver of probable-cause hearing.

§ 15A-606. Demand or waiver of probable-cause hearing.
(a) If a defendant is charged with a criminal offense within the original jurisdiction of the superior court, the judge must schedule a probable-cause hearing unless the defendant waives in writing the defendant's right to such hearing. A defendant represented by counsel, or who desires to be represented by counsel, may not before the date of the scheduled hearing waive the defendant's right to a probable-cause hearing without the written consent of the defendant and the defendant's counsel.
(b) Evidence of a demand or waiver of a probable-cause hearing may not be admitted at trial.
(c) If the defendant waives a probable-cause hearing, the district court judge must bind the defendant over to the superior court for further proceedings in accordance with this Chapter.
(d) If the defendant does not waive a probable-cause hearing, the district court judge must schedule a hearing not later than 15 working days following the initial appearance before the district court judge; if no session of the district court is scheduled in the county within 15 working days, the hearing must be scheduled for the first day of the next session. The hearing may not be scheduled sooner than five working days following such initial appearance without the consent of the defendant and the prosecutor.
(e) If an unrepresented defendant is not indigent and has indicated his desire to be represented by counsel, the district court judge must inform him that he has a choice of appearing without counsel at the probable-cause hearing or of securing the attendance of counsel to represent him at the hearing. The judge must further inform him that the judge presiding at the hearing will not continue the hearing because of the absence of counsel except for extraordinary cause.
(f) Upon a showing of good cause, a scheduled probable-cause hearing may be continued by the district court upon timely motion of the defendant or the State. Except for extraordinary cause, a motion is not timely unless made at least 48 hours prior to the time set for the probable-cause hearing.
(g) If after the first appearance before a district court judge a defendant with consent of counsel desires to waive his right to a probable-cause hearing, he may do so in writing filed with the court signed by defendant and his counsel. Upon waiver the defendant must be bound over to the superior court. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 2022-47, s. 15(c).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 30 - Probable-Cause Hearing. › § 15A-611 - Probable-cause hearing procedure.

§ 15A-611. Probable-cause hearing procedure.
(a) At the probable-cause hearing:
(1) A prosecutor must represent the State.
(2) The defendant may be represented by counsel.
(3) The defendant may testify as a witness in his own behalf and call and examine other witnesses, and produce other evidence in his behalf.
(4) Each witness must testify under oath or affirmation and is subject to cross-examination.
(b) The State must by nonhearsay evidence, or by evidence that satisfies an exception to the hearsay rule, show that there is probable cause to believe that the offense charged has been committed and that there is probable cause to believe that the defendant committed it, except:
(1) A report or copy of a report made by a physicist, chemist, firearms identification expert, fingerprint technician, or an expert or technician in some other scientific, professional, or medical field, concerning the results of an examination, comparison, or test performed by him in connection with the case in issue, when stated by such person in a report made by him, is admissible in evidence.
(2) If there is no serious contest, reliable hearsay is admissible to prove value, ownership of property, possession of property in another than the defendant, lack of consent of the owner, possessor, or custodian of property to its taking or to the breaking or entering of premises, chain of custody, authenticity of signatures, and the existence and text of a particular ordinance or regulation of a governmental unit or agency.
The district court judge is not required to exclude evidence on the ground that it was acquired by unlawful means.
(c) If a defendant appears at a probable-cause hearing without counsel, the judge must determine whether counsel has been waived. If he determines that counsel has been waived, he may proceed without counsel. If he determines that counsel has not been waived, except in a situation covered by G.S. 15A-606(e) he must take appropriate action to secure the defendant's right to counsel.
(d) A probable-cause hearing may not be held if an information in superior court is filed upon waiver of indictment before the date set for the hearing. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 30 - Probable-Cause Hearing. › § 15A-612 - Disposition of charge on probable-cause hearing.

§ 15A-612. Disposition of charge on probable-cause hearing.
(a) At the conclusion of a probable-cause hearing the judge must take one of the following actions:
(1) If he finds that the defendant probably committed the offense charged, or a lesser included offense of such offense within the original jurisdiction of the superior court, he must bind the defendant over to a superior court for further proceedings in accordance with this Chapter. The judge must note his findings in the case records.
(2) If he finds no probable cause as to the offense charged but probable cause with respect to a lesser included offense within the original jurisdiction of the district court, he may set the case for trial in the district court in accordance with the terms of G.S. 15A-613. In the absence of a new pleading, the judge may not set a case for trial in the district court on any offense which is not lesser included.
(3) If he finds no probable cause pursuant to subdivisions (1) or (2) as to any charge, he must dismiss the proceedings in question.
(b) No finding made by a judge under this section precludes the State from instituting a subsequent prosecution for the same offense. (1973, c. 1286, s. 1; 1975, c. 166, s. 14.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 30 - Probable-Cause Hearing. › § 15A-613 - Setting offense for trial in district court.

§ 15A-613. Setting offense for trial in district court.
If an offense set for trial in the district court under the terms of G.S. 15A-604(b)(4) or any provision of G.S. 15A-612 is a lesser included offense of the charge before the court on a pleading, the judge may:
(1) Accept a plea of guilty or no contest, with the consent of the prosecutor; or
(2) Proceed to try the offense immediately, with the consent of both the defendant and the prosecutor.
Otherwise, the judge must enter an appropriate order for subsequent calendaring of the case for trial in the district court. The trial so ordered may not be earlier than five working days nor later than 15 working days from the date of the order. The judge must note in the case records the new offense with which the defendant is charged, has been tried, or to which he entered a plea of guilty or no contest. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 30 - Probable-Cause Hearing. › § 15A-614 - Review of eligibility for pretrial release.

§ 15A-614. Review of eligibility for pretrial release.
Upon binding a defendant in custody over to the superior court for trial or upon entering an order for subsequent calendaring of the case of such a defendant for trial in the district court, the judge must again review the eligibility of the defendant for release under Article 26 of this Chapter, Bail. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 30 - Probable-Cause Hearing. › § 15A-615 - Testing of certain persons for sexually transmitted infections.

§ 15A-615. Testing of certain persons for sexually transmitted infections.
(a) After a finding of probable cause pursuant to the provisions of Article 30 of Chapter 15A of the General Statutes or indictment for an offense that involves nonconsensual vaginal, anal, or oral intercourse; an offense that involves vaginal, anal, or oral intercourse with a child 12 years old or less; or an offense under G.S. 14-202.1 that involves vaginal, anal, or oral intercourse with a child less than 16 years old; the victim or the parent, guardian, or guardian ad litem of a minor victim may request that a defendant be tested for the following sexually transmitted infections:
(1) Chlamydia;
(2) Gonorrhea;
(3) Hepatitis B;
(3a) Herpes;
(4) HIV; and
(5) Syphilis.
In the case of herpes, the defendant, pursuant to the provisions of this section, shall be examined for oral and genital herpetic lesions and, if a suggestive but nondiagnostic lesion is present, a culture for herpes shall be performed.
(b) Upon a request under subsection (a) of this section, the district attorney shall petition the court on behalf of the victim for an order requiring the defendant to be tested. Upon finding that there is probable cause to believe that the alleged sexual contact involved in the offense would pose a significant risk of transmission of a sexually transmitted infection listed in subsection (a) of this section, the court shall order the defendant to submit to testing for these infections. A defendant ordered to be tested under this section shall be tested not later than 48 hours after the date of the court order. A test for HIV ordered pursuant to this section shall use the HIV-RNA Detection Test for determining HIV infection.
(c) If the defendant is in the custody of the Division of Prisons of the Department of Adult Correction, the defendant shall be tested by the Division of Prisons of the Department of Adult Correction. If the defendant is not in the custody of the Division of Prisons of the Department of Adult Correction, the defendant shall be tested by the local health department. The Division of Prisons of the Department of Adult Correction shall inform the local health director of all test results. The local health director shall ensure that the victim is informed of the results of the tests and counseled appropriately. The agency conducting the tests shall inform the defendant of the results of the tests and ensure that the defendant is counseled appropriately. The results of the tests shall not be admissible as evidence in any criminal proceeding. (1993, c. 489, s. 1; 1994, Ex. Sess., c. 8, s. 1; 2006-226, s. 10; 2006-264, s. 33(a); 2007-403, s. 1; 2011-145, s. 19.1(h); 2017-186, s. 2(aaa); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 31 - The Grand Jury and Its Proceedings. › § 15A-621 - "Grand jury" defined.

§ 15A-621. "Grand jury" defined.
A grand jury is a body consisting of not less than 12 nor more than 18 persons, impaneled by a superior court and constituting a part of such court. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 31 - The Grand Jury and Its Proceedings. › § 15A-624 - Grand jury the judge of facts; judge the source of legal advice.

§ 15A-624. Grand jury the judge of facts; judge the source of legal advice.
(a) The grand jury is the exclusive judge of the facts with respect to any matter before it.
(b) The legal advisor of the grand jury is the presiding or convening judge. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 31 - The Grand Jury and Its Proceedings. › § 15A-626 - Who may call witnesses before grand jury; no right to appear without consent of prosecutor or judge.

§ 15A-626. Who may call witnesses before grand jury; no right to appear without consent of prosecutor or judge.
(a) Except as provided in this section, no person has a right to call a witness or appear as a witness in a grand jury proceeding.
(b) In proceedings upon bills of indictment submitted by the prosecutor to the grand jury, the clerk must call as witnesses the persons whose names are listed on the bills by the prosecutor. If the grand jury desires to hear any witness not named on the bill under consideration, it must through its foreman request the prosecutor to call the witness. The prosecutor in his discretion may call, or refuse to call, the witness.
(c) In considering any matter before it a grand jury may swear and hear the testimony of a member of the grand jury.
(d) Any person not called as a witness who desires to testify before the grand jury concerning a criminal matter which may properly be considered by the grand jury must apply to the district attorney or to a superior court judge. The judge or the district attorney in his discretion may call the witness to appear before the grand jury.
(e) An official who is required or authorized to call a witness before the grand jury does so by issuing a subpoena for the witness or by causing one to be issued. If the official is assured that the witness will appear when requested without issuance of a subpoena, he may call the witness simply by notifying him of the time and place his presence is requested before the grand jury. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 31 - The Grand Jury and Its Proceedings. › § 15A-627 - Submission of bill of indictment to grand jury by prosecutor.

§ 15A-627. Submission of bill of indictment to grand jury by prosecutor.
(a) When a defendant has been bound over for trial in the superior court upon any charge in the original jurisdiction of such court, the prosecutor, unless he dismisses the charge under the terms of Article 50 of this Chapter, Voluntary Dismissal by the State, or proceeds upon a bill of information, must submit a bill of indictment charging the offense to the grand jury for its consideration.
(b) A prosecutor may submit a bill of indictment charging an offense within the original jurisdiction of the superior court. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 31 - The Grand Jury and Its Proceedings. › § 15A-628 - Functions of grand jury; record to be kept by clerk.

§ 15A-628. Functions of grand jury; record to be kept by clerk.
(a) A grand jury:
(1) Must return a bill submitted to it by the prosecutor as a true bill of indictment if it finds from the evidence probable cause for the charge made.
(2) Must return a bill submitted to it by the prosecutor as not a true bill of indictment if it fails to find probable cause for the charge made. Upon returning a bill of indictment as not a true bill, the grand jury may request the prosecutor to submit a bill of indictment as to a lesser included or related offense.
(3) May return the bill to the court with an indication that the grand jury has not been able to act upon it because of the unavailability of witnesses.
(4) May investigate any offense as to which no bill of indictment has been submitted to it by the prosecutor and issue a presentment accusing a named person or named persons with one or more criminal offenses if it has found probable cause for the charges made. An investigation may be initiated upon the concurrence of 12 members of the grand jury itself or upon the request of the presiding or convening judge or the prosecutor.
(5) Must inspect the jail and may inspect other county offices or agencies and must report the results of its inspections to the court.
(b) In proceeding under subsection (a), the grand jury may consider any offense which may be prosecuted in the courts of the county, or in the courts of the superior court district or set of districts as defined in G.S. 7A-41.1 when there has been a waiver of venue in accordance with Article 3 of this Chapter, Venue.
(c) Bills of indictment submitted by the prosecutor to the grand jury, whether found to be true bills or not, must be returned by the foreman of the grand jury to the presiding judge in open court. Presentments must also be returned by the foreman of the grand jury to the presiding judge in open court.
(d) The clerk must keep a permanent record of all matters returned by the grand jury to the judge under the provisions of this section. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1987 (Reg. Sess., 1988), c. 1037, s. 59.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 31 - The Grand Jury and Its Proceedings. › § 15A-629 - Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge.

§ 15A-629. Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge.
(a) Upon the return of a bill of indictment as not a true bill, the presiding judge must immediately examine the case records to determine if the defendant is in custody or subject to bail or conditions of pretrial release. If so, except as provided in subsection (b), the judge must immediately order release from custody, exoneration of bail, or release from conditions of pretrial release, as the case may be.
(b) Upon the return of a bill of indictment as not a true bill but with a request that the prosecutor submit a bill of indictment to a lesser included or related offense, the judge may defer the action required in subsection (a) for a reasonable period, not to extend past the end of that session of superior court, to allow the institution of the new charge. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 31 - The Grand Jury and Its Proceedings. › § 15A-630 - Notice to defendant of true bill of indictment.

§ 15A-630. Notice to defendant of true bill of indictment.
Upon the return of a bill of indictment as a true bill the presiding judge must immediately cause notice of the indictment to be mailed or otherwise given to the defendant unless he is then represented by counsel of record. The notice must inform the defendant of the time limitations upon his right to discovery under Article 48 of this Chapter, Discovery in the Superior Court, and a copy of the indictment must be attached to the notice. If the judge directs that the indictment be sealed as provided in G.S. 15A-623(f), he may defer the giving of notice under this section for a reasonable length of time. (1973, c. 1286, s. 1; 1975, 2nd Sess., c. 983, s. 143.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 31 - The Grand Jury and Its Proceedings. › § 15A-631 - Grand jury venue.

§ 15A-631. Grand jury venue.
In the General Court of Justice, the place for returning a presentment or indictment is a matter of venue and not jurisdiction. A grand jury shall have venue to present or indict in any case where the county in which it is sitting has venue for trial pursuant to the laws relating to trial venue. (1985, c. 553, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 32 - Indictment and Related Instruments. › § 15A-641 - Indictment and related instruments; definitions of indictment, information, and presentment.

§ 15A-641. Indictment and related instruments; definitions of indictment, information, and presentment.
(a) Any indictment is a written accusation by a grand jury, filed with a superior court, charging a person with the commission of one or more criminal offenses.
(b) An information is a written accusation by a prosecutor, filed with a superior court, charging a person represented by counsel with the commission of one or more criminal offenses.
(c) A presentment is a written accusation by a grand jury, made on its own motion and filed with a superior court, charging a person, or two or more persons jointly, with the commission of one or more criminal offenses. A presentment does not institute criminal proceedings against any person, but the district attorney is obligated to investigate the factual background of every presentment returned in his district and to submit bills of indictment to the grand jury dealing with the subject matter of any presentments when it is appropriate to do so. (1797, c. 474, s. 3, P.R.; R.C., c. 35, s. 6; 1879, c. 12; Code, s. 1175; Rev., s. 3240; C.S., s. 4607; 1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 32 - Indictment and Related Instruments. › § 15A-642 - Prosecutions originating in superior court to be upon indictment or information; waiver of indictment.

§ 15A-642. Prosecutions originating in superior court to be upon indictment or information; waiver of indictment.
(a) Prosecutions originating in the superior court must be upon pleadings as provided in Article 49 of this Chapter, Pleadings and Joinder.
(b) Indictment may not be waived in a capital case or in a case in which the defendant is not represented by counsel.
(c) Waiver of indictment must be in writing and signed by the defendant and his attorney. The waiver must be attached to or executed upon the bill of information. (1907, c. 71; C.S., s. 4610; 1951, c. 726, ss. 1, 2; 1971, c. 377, s. 30.1; 1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 32 - Indictment and Related Instruments. › § 15A-643 - Joinder of offenses and defendants and consolidation of indictments and informations.

§ 15A-643. Joinder of offenses and defendants and consolidation of indictments and informations.
The rules with respect to joinder of offenses and defendants and the consolidation of charges in indictments and informations are provided in Article 49 of this Chapter, Pleadings and Joinder. (1917, c. 168; C.S., s. 4622; 1921, c. 100; 1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 32 - Indictment and Related Instruments. › § 15A-644 - Form and content of indictment, information or presentment.

§ 15A-644. Form and content of indictment, information or presentment.
(a) An indictment must contain:
(1) The name of the superior court in which it is filed;
(2) The title of the action;
(3) Criminal charges pleaded as provided in Article 49 of this Chapter, Pleadings and Joinder;
(4) The signature of the prosecutor, but its omission is not a fatal defect; and
(5) The signature of the foreman or acting foreman of the grand jury attesting the concurrence of 12 or more grand jurors in the finding of a true bill of indictment.
(b) An information must contain everything required of an indictment in subsection (a) except that the accusation is that of the prosecutor and the provisions of subdivision (a)(5) do not apply. The information must also contain or have attached the waiver of indictment pursuant to G.S. 15A-642(c).
(c) A presentment must contain everything required of an indictment in subsection (a) except that the provisions of subdivisions (a)(4) and (5) do not apply and the foreman must by his signature attest the concurrence of 12 or more grand jurors in the presentment. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 32 - Indictment and Related Instruments. › § 15A-644.1 - Filing of information when plea of guilty or no contest in district court to Class H or I felony.

§ 15A-644.1. Filing of information when plea of guilty or no contest in district court to Class H or I felony.
A defendant who pleads guilty or no contest in district court pursuant to G.S. 7A-272(c)(1) shall enter that plea to an information complying with G.S. 15A-644(b), except it shall contain the name of the district court in which it is filed. (1995 (Reg. Sess., 1996), c. 725, s. 3.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 32 - Indictment and Related Instruments. › § 15A-645 - Allegations of previous convictions.

§ 15A-645. Allegations of previous convictions.
Trial upon indictments and informations involving allegation of previous convictions is subject to the provisions of G.S. 15A-928. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 32 - Indictment and Related Instruments. › § 15A-646 - Superseding indictments and informations.

§ 15A-646. Superseding indictments and informations.
If at any time before entry of a plea of guilty to an indictment or information, or commencement of a trial thereof, another indictment or information is filed in the same court charging the defendant with an offense charged or attempted to be charged in the first instrument, the first one is, with respect to the offense, superseded by the second and, upon the defendant's arraignment upon the second indictment or information, the count of the first instrument charging the offense must be dismissed by the superior court judge. The first instrument is not, however, superseded with respect to any count contained therein which charged an offense not charged in the second indictment or information. (1973, c. 1286, s. 1.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-721 - Definitions.

§ 15A-721. Definitions.
Where appearing in this Article the term "Governor" includes any person performing the functions of Governor by authority of the law of this State. The term "executive authority" includes the Governor, and any person performing the functions of governor in a state other than this State. The term "state," referring to a state other than this State, includes any other state or territory, organized or unorganized, of the United States of America. (1937, c. 273, s. 1; 1973, c. 1286, s. 16.)
2023 North Carolina General Statutes › Chapter 15A - Criminal Procedure Act › Article 37 - Uniform Criminal Extradition Act. › § 15A-722 - Duty of Governor as to fugitives from justice of other states.

§ 15A-722. Duty of Governor as to fugitives from justice of other states.
Subject to the provisions of this Article, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this State. (1937, c. 273, s. 2; 1973, c. 1286, s. 16.)