NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 562

SENATE BILL 473

 

 

AN ACT TO REPEAL CHAPTER 117, SESSION LAWS 1969, AND TO REINSTATE THE PROVISIONS OF FORMER G.S. 15-162.1.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 17 of Chapter 15 of the North Carolina General Statutes is hereby amended by inserting therein a new section to be entitled G.S. 15-162.1 and to read as follows:

"§ 15-162.1.  Plea of guilty of first degree murder, first degree burglary, arson or rape. — (a) Any person, when charged in a bill of indictment with the felony of murder in the first degree, or burglary in the first degree, or arson, or rape, when represented by counsel, whether employed by the defendant or appointed by the court under G.S. 15-4 and 15-5, may, after arraignment, tender in writing, signed by such person and his counsel, a plea of guilty of such crime; and the State, with the approval of the court may accept plea. Upon rejection of such plea, the trial shall be upon the defendant's plea of not guilty, and such plea shall have no legal significance whatever.

(b)        In the event such a plea is accepted, the tender and acceptance thereof shall have the effect of a jury verdict of guilty of the crime charged with recommendation by the jury in open court that the punishment shall be imprisonment for life in the State's prison; and thereupon, the court shall pronounce judgment that the defendant be imprisoned for life in the State's prison.

(c)        Unless and until this State accepts such plea, no reference shall be made in open court at the time of arraignment or at any other time to the tender or proposed tender of such plea; and the fact of such tender shall not be admissible as evidence either for or against the defendant in the trial or at any other time and place. The defendant shall have the right to withdraw such plea, without prejudice of any kind, until such time as it is accepted by the State."

Sec. 2.  Chapter 117, Session Laws of 1969, is hereby specifically repealed.

Sec. 3.  This act shall be effective as to all criminal cases in which final judgment has not been rendered by the Superior Court before the effective date of this act.

Sec. 4.  This act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 15th day of June, 1971.