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HB 1052 - Demand for trial; speedy trial; lengthen time frame

Tracking Level: Monitor
Sponsor: Willard,Wendell 49th
Last Action: 2/28/2008 - House Committee Favorably Reported
House Committee: JudyNC
Assigned To:
02. Supreme CourtNext Bill
03. Court of AppealsNext Bill
05. Superior CourtsNext Bill
06. State CourtsNext Bill
07. Juvenile CourtsNext Bill
09. Magistrate CourtsNext Bill

Staff Analysis of the Legislation

HB 1052 revises Code Section 17-7-170, relating to demands for trial, by allowing any defendant the right to enter a demand for speedy trial for an offense not affecting the defendant’s life. The demand for speedy trial shall be filed with the clerk of court and served upon the prosecutor and upon the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. The demand for speedy trial shall be binding only in the court in which it is filed.

If the defendant is not tried when the demand for speedy trial is made, at the next succeeding regular court term, or within six months from the date the demand was filed, whichever period is longer, the defendant shall be discharged and acquitted of the offense charged in the indictment or accusation. In capital cases, if more than two regular terms of court are convened and adjourned after the term of the demand for speedy trial is filed or six months have elapsed since the date of the filing of the demand, and the defendant is not given a trial, then the defendant shall be discharged and acquitted of the offense charged.


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