GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1139
     

 
Short Title:	Appeals From Contempt.	()	
Sponsors:	Representative Hackney.	
Referred to:	Judiciary I.	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT to amend the appellate procedure for criminal contempt.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 5A-17 reads as rewritten:
"§ 5A-17.  Appeals.
A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a district court judge or a superior court judge is to the Court of Appeals, and appeal from a magistrate or a clerk of superior court is by hearing de novo before a superior court judge."
SECTION 2.  G.S. 97-80(h) reads as rewritten:
"(h)	The Commission or any member or deputy thereof shall also have the same power as a judicial officer pursuant to Chapter 5A of the General Statutes to punish for criminal contempt, subject to the limitations thereunder, (i) for wilful behavior committed during the sitting of the commissioner or deputy commissioner and directly tending to interrupt the proceedings; (ii) for wilful disobedience of a lawful order of the Commission or a member or deputy thereof; or (iii) for wilful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, wilful refusal to answer any legal and proper question when refusal is not legally justified. The Commission or any member or deputy thereof may issue an order of arrest as provided by G.S. 15A-305 when authorized by G.S. 5A-16 in connection with contempt proceedings. When the commissioner or deputy commissioner chooses not to proceed summarily pursuant to G.S. 5A-14, the proceedings shall be before a district court judge, and venue lies throughout the district where the order was issued directing the person charged to appear. A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions to the Court of Appeals."
SECTION 3.  This act becomes effective December 1, 2001, and applies to offenses committed on or after that date.