AN ACT to give judges discretion regarding the dismissal of criminal charges when a defendant lacks capacity to proceed.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A‑1008(a) reads as rewritten:

(a)      When a defendant lacks capacity to proceed, the court shall may dismiss the charges upon the earliest of the following occurrences:

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SECTION 2.  This act is effective when it becomes law and applies to offenses committed on or after that date.