GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

 

SESSION LAW 2021-146

HOUSE BILL 27

 

 

AN ACT to ensure that all magistrates receive the education NECESSARY TO PERFORM the duty of a magistrate.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 7A‑171.2(c) reads as rewritten:

(c)      In order to be eligible for renomination as a magistrate an individual shall have successfully completed the course courses of basic training and annual in‑service training for magistrates prescribed by G.S. 7A‑177.

SECTION 2.  G.S. 7A‑177 reads as rewritten:

§ 7A‑177.  Training course in duties of magistrate.

…

(b)        In addition to the basic training course required under subsection (a) of this section, continuing education courses shall be provided at such times and locations as necessary to assure that they are conveniently available to all magistrates without extensive travel to other parts of the State.

(b1)      Except for the calendar year in which a magistrate completes the course of basic training referenced in subsection (a) of this section, every magistrate shall annually and satisfactorily complete a course of in‑service training consisting of at least 12 hours in the civil and criminal duties of a magistrate, including, but not limited to, the following subjects:

(1)        Setting conditions of pretrial release.

(2)        Impaired driving laws.

(3)        Issuing criminal processes.

(4)        Issuing search warrants.

(5)        Technology.

(6)        Orders of protection.

The Administrative Office of the Courts is authorized to conduct the training required by this subsection or contract with the School of Government at the University of North Carolina at Chapel Hill or with any other qualified educational organization to conduct this training. The training may be conducted in person or online. The Administrative Office of the Courts shall adopt policies for the implementation of this subsection.

SECTION 3.  This act becomes effective January 1, 2022.

In the General Assembly read three times and ratified this the 1st day of September, 2021.

 

 

                                                                    s/  Phil Berger

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Roy Cooper

                                                                         Governor

 

 

Approved 10:06 a.m. this 10th day of September, 2021