State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-534_1

§ 15A‑534.1.  Crimes ofdomestic violence; bail and pretrial release.

(a)        In all cases inwhich the defendant is charged with assault on, stalking, communicating athreat to, or committing a felony provided in Articles 7A, 8, 10, or 15 ofChapter 14 of the General Statutes upon a spouse or former spouse or a personwith whom the defendant lives or has lived as if married, with domesticcriminal trespass, or with violation of an order entered pursuant to Chapter50B, Domestic Violence, of the General Statutes, the judicial official whodetermines the conditions of pretrial release shall be a judge, and thefollowing provisions shall apply in addition to the provisions of G.S. 15A‑534:

(1)        Upon a determinationby the judge that the immediate release of the defendant will pose a danger ofinjury to the alleged victim or to any other person or is likely to result inintimidation of the alleged victim and upon a determination that the executionof an appearance bond as required by G.S. 15A‑534 will not reasonably assurethat such injury or intimidation will not occur, a judge may retain thedefendant in custody for a reasonable period of time while determining theconditions of pretrial release.

(2)        A judge may imposethe following conditions on pretrial release:

a.         That the defendantstay away from the home, school, business or place of employment of the allegedvictim;

b.         That the defendantrefrain from assaulting, beating, molesting, or wounding the alleged victim;

c.         That the defendantrefrain from removing, damaging or injuring specifically identified property;

d.         That the defendantmay visit his or her child or children at times and places provided by theterms of any existing order entered by a judge.

Theconditions set forth above may be imposed in addition to requiring that thedefendant execute a secured appearance bond.

(3)        Should the defendantbe mentally ill and dangerous to himself or others or a substance abuser anddangerous to himself or others, the provisions of Article 5 of Chapter 122C ofthe General Statutes shall apply.

(b)        A defendant may beretained in custody not more than 48 hours from the time of arrest without adetermination being made under this section by a judge. If a judge has notacted pursuant to this section within 48 hours of arrest, the magistrate shallact under the provisions of this section. (1979, c. 561, s. 4; 1989, c. 290, s. 2; 1995, c. 527,s. 3; 2001‑518, s. 2; 2007‑14, s. 1.)