NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 266

HOUSE BILL 364

AN ACT TO PROVIDE CREDIT TOWARD THE SATISFACTION OF THE SENTENCE WHEN THE DEFENDANT IS UNABLE TO SECURE HIS RELEASE ON BAIL PENDING APPEAL.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 15-184 as the same appears in Volume 1-C of the General Statutes is hereby amended by striking all of the language of the last sentence of said paragraph and by substituting in lieu thereof the following:

"The sentence shall begin as of the date of the commitment in the event the defendant has been admitted to bail pending the appeal. If the defendant has not been admitted to bail pending the appeal, the defendant shall receive credit towards the satisfaction of the sentence for all the time the defendant has spent in custody pending the appeal, except when the sentence is death or life imprisonment. Provided, however, if the sentence on appeal is a consecutive sentence imposed to begin at the expiration of a sentence or sentences by virtue of which the defendant is in custody, then, in that event, the defendant will not be entitled to receive credit on the sentence on appeal for the time spent in custody by virtue of the pre-existing sentence or sentences. This provision shall apply to all trials commenced after the ratification of this amendment."

Sec. 2.  All laws and clauses of laws in conflict with the provisions of this Article are hereby repealed.

Sec. 3.  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 22nd day of April, 1969.