House committee substitute to the 1st edition makes the following changes.
Amends GS 14-16.6 by expanding upon the statute's scope to also prohibit assault on local elected officers, or assault on another person as retaliation against a local elected officer, in addition to the already included assault on a legislative officer, executive officer, or court officer. Increases the punishment for assault on these classes of individuals from a Class I felony to a Class G felony; from a Class F felony to a Class D felony when the offense includes the use of a deadly weapon; and from a Class E felony to a Class C felony when the person inflicts serious bodily injury to a legislative, executive, court, or local elected officer.
Further amends GS 14-16.7 (felony for threats against executive, legislative, court, or local elected officers) by increasing the penalties for violating the statute from a Class I felony to a Class H felony.
Amends proposed new GS 15A-534.9 so that it also applies to cases where a defendant is charged with violating GS 14-16.6. Requires that the judicial official determining pretrial release for defendants charged with those specified violations be a judge. Removes the requirement to set bond in an amount no less than $50,000; adds the following requirements instead. Requires the judge to direct a law enforcement officer or district attorney to provide the defendant's criminal history report and to consider that criminal history when setting conditions of release. Prohibits a judge from unreasonably delaying the determination of conditions of pretrial release for the purpose of reviewing the criminal history report. Allows a judge, if they decide that the defendant's immediate release will pose a danger of injury to persons and that executing an appearance bond will not assure that the injury will not occur, to keep the defendant in custody for a reasonable period of time while determining the conditions of pretrial release. Specifies four conditions that a judge may impose on pretrial release, which may be imposed in addition to requiring the defendant to execute a secured appearance bond. Specifies that the provisions of Article 5 (Procedure for Admission and Discharge of Clients) of GS Chapter 122C apply if the defendant is mentally ill and dangerous to himself or others or a substance abuser and dangerous to himself or others. Allows keeping a defendant in custody no more than 48 hours from the time of arrest with the judge making a determination under this statute; if a judge has not acted within those 48 ours, requires the magistrate to take action under this statute.
Makes conforming changes to the act's long title.
Statutes affected: Filed: 163-275
Edition 1: 163-275
Edition 2: 163-275