SB 560 — Clarify Cleveland Board of Education Election.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 21 SENATE BILL 560 House Committee Substitute Favorable 8/3/17 Short Title:

ClarifyCitizen's ClevelandWarrants. Board of Education Election.

(Local)(Public) Sponsors:

Senators J.

Jackson, Britt, Tucker (Primary Sponsors);

and Lee.

Rules and Operations of the Senate April 3, 2017 A BILL TO BE ENTITLED AN ACT TO CLARIFYPROVIDE THETHAT PROCESSA FORPRIVATE ELECTIONCITIZEN'S SHOWING OF PROBABLE CAUSE TO THE CLEVELANDMAGISTRATE COUNTYSHALL BOARDINCLUDE OFSUFFICIENT EDUCATION.INFORMATION SUPPORTED BY OATH OR AFFIRMATION THAT A CRIME HAS OCCURRED AND SHALL ISSUE AS A SUMMONS UNLESS A SUBSTANTIAL LIKELIHOOD EXISTS THAT THE DEFENDANT WILL NOT RESPOND TO A SUMMONS.

SectionG.S. 3.1 of S.L.

2017-7815A-304 reads as rewritten:

"SECTION"§ 3.1.15A-304.

NotwithstandingWarrant the Plan for thearrest. Merger of the Cleveland County, Kings Mountain District, and Shelby City Schools and S.L.

2004-41,(a) asDefinition. amended by S.L.

2007-49,– beginningA withwarrant thefor 2017arrest elections,consists membersof a statement of the Clevelandcrime Countyof Boardwhich ofthe Educationperson shallto be electedarrested inis electionsaccused, conductedand onan aorder partisandirecting basis,that asthe providedperson inso G.S.accused be arrested and held to answer to the charges made against him.

163-291.It is based upon a showing of probable cause supported by oath or affirmation.Definitions.

Unaffiliated– candidates(1) shallWarrant befor nominatedarrest. by petition as provided in G.S.

163-296.– A warrant for arrest consists of a statement of the crime of which the person to be arrested is accused and an order directing that the person so accused be arrested and held to answer to the charges made against that person.

VacanciesIt foris membersbased electedupon ina 2017showing andof thereafterprobable shallcause besupported filledby asoath providedor inaffirmation. G.S.

115C-37.1."(2) SECTIONCitizen's 2.warrant.

S.L.– A citizen's warrant is a warrant for arrest issued by a magistrate or a clerk based upon a showing of probable cause supported solely by information presented by a private person.

2017-78(b) isWhen amendedIssued. by adding a new section to read:

"SECTION– 3.3.A warrant for arrest may be issued, instead of or subsequent to a criminal summons, when it appears to the judicial official that the person named should be taken into custody.

NotwithstandingCircumstances to be considered in determining whether the petitionperson signatureshould requirementsbe taken into custody may include, but are not limited to, failure to appear when previously summoned, facts making it apparent that a person summoned will fail to appear, danger that the person accused will escape, danger that there may be injury to person or property, or the seriousness of G.S.the offense.

163-296,(c) forStatement the 2017 elections for the Cleveland County Board of Education only, petitions for an unaffiliated candidate to be placed upon the ballotCrime. for that office shall be signed by at least 500 voters of Cleveland County qualified to vote in the Cleveland County Board of Education election according to the voter registration records of the Bipartisan State Board of Elections and Ethics Enforcement as of January 1, 2017." SECTION 3.

This– actTheBoth isa effectivewarrant whenfor itarrest becomesand law.a citizen's warrant must contain a statement of the crime of which the person to be arrested is accused.

*S560-v-2*No warrant for arrest,warrant, nor any arrest made pursuant thereto, is invalid because of any technicality of pleading if the statement is sufficient to identify the crime.

(d) Showing of Probable Cause.Cause for a Warrant for Arrest.

– A judicial official may issue a warrant for arrest only when hethe official is supplied with sufficient information, supported by oath or affirmation, to make an independent judgment that there is probable cause *S560-v-1* General Assembly Of North Carolina Session 2017 to believe that a crime has been committed and that the person to be arrested committed it.

The information must be shown by one or more of the following:

(1) Affidavit;

(2) Oral testimony under oath or affirmation before the issuing official;

or (3) Oral testimony under oath or affirmation presented by a sworn law enforcement officer to the issuing official by means of an audio and video transmission in which both parties can see and hear each other.

Prior to the use of audio and video transmission pursuant to this subdivision, the procedures and type of equipment for audio and video transmission shall be submitted to the Administrative Office of the Courts by the senior regular resident superior court judge and the chief district court judge for a judicial district or set of districts and approved by the Administrative Office of the Courts.

If the information is insufficient to show probable cause, the warrant may not be issued.

A judicial official shall not refuse to issue a warrant for the arrest of a person solely because a prior warrant has been issued for the arrest of another person involved in the same matter.

(d1) Showing of Probable Cause for a Citizen's Warrant.

– A magistrate may issue a warrant or criminal summons only when the magistrate is supplied with sufficient information, provided by a private person, supported by oath or affirmation, to make an independent judgment that there is probable cause to believe that a crime has been committed and that the person to be arrested committed it.

The information shall be shown by one or more of the methods listed in subdivisions (1) through (3) of subsection (d) of this section.

A summons rather than a warrant shall be issued unless:

(1) The accused has a history of failure to appear before the court as required;

(2) There is evidence that the accused is likely to escape or otherwise flee the State in order to avoid prosecution for the offense alleged;