NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 322

HOUSE BILL 478

AN ACT TO AMEND G.S. 122-58.7(c) TO AUTHORIZE ALLEGED INEBRIATES TO WAIVE COUNSEL AT INVOLUNTARY COMMITMENT HEARINGS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 122-58.7(c) is rewritten to read as follows:

"(c)       If the respondent is allegedly mentally ill, he shall be represented by counsel of his choice, or, if he is indigent within the meaning of G.S. 7A-450, or refuses to retain counsel if financially able to do so, by counsel appointed by the court. If the respondent is an alleged inebriate, he may be represented by counsel of his choice, or he may waive counsel, if the judge finds that he is sober and capable of making an informed decision, and that the waiver is voluntary. If the alleged inebriate does not waive counsel and is an indigent within the meaning of G.S. 7A-450, the court shall appoint counsel to represent him."

Sec. 2.  This act shall become effective July 1, 1975.

In the General Assembly read three times and ratified, this the 19th day of May, 1975.