NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 877

HOUSE BILL 991

AN ACT TO AMEND G.S. 15-218 AND G.S. 15-220, RELATING TO POST-CONVICTION PETITIONS, SO AS TO ALLOW THE SUPERIOR COURT TO CONSIDER A SUBSEQUENT PETITION.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 15-218 is amended by striking the period at the end of the last sentence, inserting a comma in lieu thereof, and adding the following: "unless the court, upon consideration of a subsequent petition, finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately asserted in the original or amended petition."

Sec. 2.  G.S. 15-220 is amended by deleting therefrom the following sentence: "Withdrawal of a petition shall constitute a waiver of any claim of denial of constitutional rights or of other error remediable under this Article which has been alleged in the petition."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1969.