A BILL TO BE ENTITLED
AN ACT to direct the administrative office of the courts to revise the "transcript of plea" form provided to a defendant who enters a plea of guilty or no contest to more clearly address the right of appeal limitations and shorter biological evidence preservation time frame that may apply as a result of the plea.
The General Assembly of North Carolina enacts:
SECTION 1.  The Administrative Office of the Courts shall revise the "Transcript of Plea" form that is provided to a defendant who enters a plea of guilty or no contest to a criminal offense so that the form more clearly informs the defendant that G.S. 15A‑1444 imposes limitations on the right of appeal when a defendant pleads guilty or no contest to a criminal offense with which the defendant is charged, and that also assists a judge in determining whether the defendant's plea is a product of informed choice as required by G.S. 15A‑1022(b).  In revising the form, the Administrative Office of the Courts shall insert to the list of items that currently appear on the form a new item that reads as follows:  "Do you understand that following a plea of guilty or no contest there are limitations on your right to appeal and has your lawyer explained these limitations to you?"
SECTION 2.  The Administrative Office of the Courts shall revise the "Transcript of Plea" form that is provided to a defendant who decides to enter a plea of guilty to a criminal offense so that the form more clearly informs the defendant that under G.S. 15A‑268 there may be a shorter preservation period for biological evidence when a defendant pleads guilty to a criminal offense than if the defendant had been tried and convicted by a jury for the same offense, and that also assists a judge in determining whether a defendant's plea is a product of informed choice as required by G.S. 15A‑1022(b).  In revising the form the Administrative Office of the Courts shall insert to the list of items that currently appear on the form a new item that reads as follows:  "Do you understand that your plea of guilty may impact how long biological evidence related to your case (for example, blood, hair, skin tissue) will be preserved and has your lawyer explained these limitations to you?"
SECTION 3.  The Administrative Office of the Courts shall revise the form pursuant to this act by September 1, 2009, and the revised form shall be made available for pleas of guilty or no contest that are entered on or after October 1, 2009.
SECTION 4.  This act is effective when it becomes law.