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Amendments
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Plain English: 2025-2026 General Assembly
HOUSE BILL 908:
Modify Civil Commitment Hearing Procedures.
2025-2026 General Assembly
HOUSE BILL 908:
Modify Civil Commitment Hearing Procedures.
Committee: House Judiciary 3.
If favorable, re -refer to
Rules, Calendar, and Operations of the House
Date: April 29, 2025
Introduced by: Rep.
Greene Prepared by: Michael Johnston
Committee Counsel Analysis of: PCS to First Edition
H908-CSCN-4
Kara McCraw
Director
*H908-SMCN-16(CSCN-4)-v-2*
Legislative Analysis
Division
919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
Plain English: 2025-2026 General Assembly
HOUSE BILL 908:
Modify Civil Commitment Hearing Procedures.
2025-2026 General Assembly
HOUSE BILL 908:
Modify Civil Commitment Hearing Procedures.
Committee: House Rules, Calendar, and Operations of the
House
Date: April 29, 2025
Introduced by: Rep.
Greene Prepared by: Michael Johnston
Committee Counsel Analysis of: Second Edition
Kara McCraw
Director
*H908-SMCN-20(e2)-v-2*
Legislative Analysis
Division
919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
OVERVIEW: House Bill 908 would do the following:
• Provide notice of certain commitment hearings to the chief district judge and the district
attorney in the county in which a criminal defendant was found incapable of proceeding to trial.
Bill History
2025-05-05Senate
Ref To Com On Rules and Operations of the Senate
2025-05-05Senate
Passed 1st Reading
2025-05-05Senate
Regular Message Received From House
2025-05-01House
Regular Message Sent To Senate
2025-05-01House
Passed 3rd Reading
2025-05-01House
Passed 2nd Reading
2025-04-29House
Placed On Cal For 05/01/2025
2025-04-29House
Cal Pursuant Rule 36(b)
2025-04-29House
Reptd Fav
2025-04-29House
Re-ref Com On Rules, Calendar, and Operations of the House
2025-04-29House
Reptd Fav Com Substitute
2025-04-14House
Ref to the Com on Judiciary 3, if favorable, Rules, Calendar, and Operations of the House
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 908
Committee Substitute Favorable 4/29/25
Short Title: Modify Civil Commitment Hearing Procedures. (Public)
Sponsors:
Referred to:
April 14, 2025
*H908-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY THE PROCEDURES RELATED TO NOTICE AND VENUE FOR 2
CIVIL COMMITMENT HEARINGS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 122C-268(c) reads as rewritten: 5
"(c) If the respondent's custody order indicates that he the respondent was charged with a 6
violent crime, including a crime involving an assault with a deadly weapon, and that he the 7
respondent was found incapable of proceeding, the clerk shall give notice of t he time and place 8
of the hearing to the chief district judge and the district attorney in the county in which the 9
defendant was found incapable of proceeding as provided in G.S. 122C-264(d). The district 10
attorney in the county in which the respondent was found incapable of proceeding may represent 11
the State's interest at the hearing. If the district attorney elects to represent the State 's interest, 12
upon motion of the distr ict attorney, the venue for the hearing, rehearings, and supplemental 13
rehearings shall be the county in which the respondent was found incapable of proceeding." 14
SECTION 2. G.S. 122C-277(b) reads as rewritten: 15
"(b) If the respondent was initially committed as the result of conduct resulting in his the 16
respondent being charged with a violen t crime, including a crime involving an assault with a 17
deadly weapon, and respondent was found incapable of proceeding, 15 days before the 18
respondent's discharge or conditional release the attending physician shall notify facility shall 19
notify the district attorney of the district where the respondent was found incapable of proceeding 20
and the clerk of superior court of the county in which the facility is located of his or her 21
determination regarding the proposed discharge or conditional release. The clerk s hall then 22
schedule a rehearing to determine the appropriateness of respondent's release under the standards 23
of commitment set forth in G.S. 122C-271(b). The clerk shall give notice as provided in 24
G.S. 122C-264(d). The district attorney of the district where respondent was found incapable of 25
proceeding may represent the State's interest at the hearing. If the district attorney elects to 26
represent the State 's interest, upon motion of the district attorney, the venue for the hearing, 27
rehearings, and supplemental rehearings shall be the county in which the respondent was found 28
incapable of proceeding." 29
SECTION 3. This act is effective when it becomes law and applies to commitment 30
hearings initiated on or after that date. 31