GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 1085
Second Edition Engrossed 4/26/01

 
Short Title:	Probation Revocation to Ct. of Appeals.	()	
Sponsors:	Representative Hackney.	
Referred to:	Judiciary I.	
April 11, 2001

A BILL TO BE ENTITLED
AN ACT to eliminate de novo appeals to the superior court from a district court judge's revocation of probation or imposition of special probation.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑1347 reads as rewritten:
"§ 15A‑1347.  Appeal from revocation of probation or imposition of special probation upon violation.
(a)	When a district court judge, as a result of a finding of a violation of probation, activates a sentence of more than six months or imposes special probation, the defendant may appeal to the superior court for a de novo revocation hearing. At the hearing the probationer has all rights and the court has all authority they have in a revocation hearing held before the superior court in the first instance. Appeals from lower courts to the superior courts from judgments revoking probation may be heard in term or out of term, in the county or out of the county by the resident superior court judge of the district or the superior court judge assigned to hold the courts of the district, or a judge of the superior court commissioned to hold court in the district, or a special superior court judge residing in the district. When the defendant appeals to the superior court because a district court has found he violated probation and has activated his sentence or imposed special probation, and the superior court, after a de novo revocation hearing, orders that the defendant continue on probation under the same or modified conditions, the superior court is considered the court that originally imposed probation with regard to future revocation proceedings and other purposes of this Article. When a superior court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, either in the first instance or upon a de novo hearing after appeal from a district court, the defendant may appeal under G.S. 7A-27.
(b)	When a district court judge, as a result of a finding of a violation of probation, activates a sentence of six months or less, the defendant may appeal directly to the Court of Appeals pursuant to G.S. 7A-27."
SECTION 2.  This act becomes effective December 1, 2001, and applies to offenses committed on or after that date.