NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1243

SENATE BILL 1008

 

 

AN ACT TO AMEND ARTICLE 36 OF CHAPTER 7A OF THE GENERAL STATUTES SO AS TO ALLOW WAIVER OF AN INDIGENT'S RIGHT TO REPRESENTATION BY COUNSEL.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 7A-457, as the same appears in the 1969 Replacement Volume 1B of the General Statutes is hereby rewritten to read as follows:

"(a)       An indigent person except one charged with a capital crime who has been informed of his right to be represented by counsel at any in-court proceeding, may, in writing, waive the right to in-court representation by counsel, if the court finds of record that at the time of waiver the indigent person acted with full awareness of his rights and of the consequences of the waiver. In making such a finding, the court shall consider, among other things, such matters as the person's age, education, familiarity with the English language, mental condition, and the complexity of the crime charged.

"(b)      If an indigent person waives counsel as provided in subsection (a), and pleads guilty to any offense, the court shall inform him of the nature of the offense and the possible consequences of his plea, and as a condition of accepting the plea of guilty the court shall examine the person and shall ascertain that the plea was freely, understandably and voluntarily made, without undue influence, compulsion or duress, and without promise of leniency.

"(c)       An indigent person who has been informed of his right to be represented by counsel at any out-of-court proceeding, may, either orally or in writing, waive the right to out-of-court representation by counsel."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 30th day of October, 1971.