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HB 0197 - Imprisonment sentence reviews; more than 12 years; three-judge panel; repeal

Tracking Level: Passed
Sponsor: Fleming,Barry 117th
Last Action: 5/29/2007 - House Date Signed by Governor
House Committee: JudyNC
Senate Committee: JUDY
Assigned To:
02. Supreme CourtNext Bill
03. Court of AppealsNext Bill
05. Superior CourtsNext Bill

Staff Analysis of the Legislation

Amend Article 1 of Chapter 10 of Title 17.  Includes language from SB 97. Relating to criminal procedure so as to require parties to raise specific objections to jury charges prior to the jury retiring to deliberate.  To provide that failure to raise objections shall preclude appellate review except under limited circumstances.  To repeal provisions allowing review of sentences of imprisonment for a period exceeding 12 years by a three judge panel.  Adds a new code section 17-10-6.3.  Defines �three judge panel�.  The right of a defendant to have a sentence reviewed by a three judge panel shall be terminated for sentences imposed by a trial or appellate court on July 1, 2007.  No new application for review of a sentence shall be accepted by the three-judge panel unless such application has been received by the panel on or before September 1, 2007.  Any sentence that has an application for review with the panel pending on September 1, 2007, shall have such review completed by the panel by November 1, 2008.  It shall be the duty of the president of The Council of Superior Court Judges to cause all administrative measures which may be necessary to conclude the business of the panel to be completed no later than January 2, 2009.  No later than January 1, 2009 all records and documents relating to the activities of the panel during the period July 1, 1974 through November 1, 2008 shall be transmitted to the Department of Archives and History for retention.

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