AN ACT TO CLARIFY THAT THE PROVISIONS REGARDING DEFERRED PROSECUTION AND CONDITIONAL DISCHARGE FOR CONVICTIONS OF H AND I FELONIES AND MISDEMEANORS UNDER STRUCTURED SENTENCING DO NOT APPLY TO CONVICTIONS OF IMPAIRED DRIVING, TO CLARIFY THAT OFFENSES INVOLVING IMPAIRED DRIVING CANNOT BE EXPUNGED, AND TO MODIFY THE LAW CONCERNING WHEN A NEW SENTENCING HEARING MUST BE HELD IN DISTRICT COURT ON AN IMPLIED CONSENT CONVICTION FOR WHICH THE APPEAL TO SUPERIOR COURT HAS BEEN WITHDRAWN. Enacted July 16, 2015. Effective December 1, 2015.
Summary date: Jul 16 2015 - View summary
Summary date: Jun 29 2015 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Amends GS 20-38.7(c) providing three exceptions to the vacating of a sentence imposed by the district court for an implied consent conviction and the holding of a new sentencing hearing when an appeal to superior court is withdrawn or a case is remanded back to district court, including if the appeal is withdrawn pursuant to GS 15A-1431(c) or (g) and the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court, or the appeal has been withdrawn pursuant to GS 15A-1341(h) and the prosecutor has certified to the clerk, in writing, that they consent to the withdrawal and remand and have no new sentencing factors to offer the court. Effective December 1, 2015, applying to appeals filed on or after that date.
Amends the effective date clause, providing that Section 2 through 4 of the act become effective December 1, 2015 (was, July 1, 2015), and apply to petitions filed and petitions pending on or after that date.
Summary date: Mar 31 2015 - View summary
House committee substitute makes the following changes to the 1st edition.
Adds a new subsection (a1) to GS 15A-145 to provide that this section should not be interpreted as permitting any individual to expunge his or her record of any offense involving impaired driving as defined in GS 20-4.01(24a). Amends GS 15A-145.4(a) to add any felony offense involving impaired driving as defined in GS 20-4.01(24a) to those felonies that are specified as being excluded from identification as a "nonviolent felony." Amends GS 15A-145.5(a) to add an offense involving impaired driving as defined in GS 20-4.01(24a) as a misdemeanor or felony that was excluded from identification as a "nonviolent misdemeanor" or "nonviolent felony." Effective July 1, 2015, and applies to petitions filed and petitions pending on or after that date.
Makes technical changes renumbering provisions as necessary.
Amends the long title and the short title to better reflect the bill content as amended in this act.
Summary date: Mar 17 2015 - View summary
Amends GS 15A-134(a), as title indicates, adding language that clarifies that the provisions in GS 15A-1341(a1), (a2), (a4), and (a5) regarding deferred prosecution and conditional discharge for convictions of H and I felonies and misdemeanors under structured sentencing do not apply to individuals being placed on probation for convictions of impaired driving under GS 20-138.1
Effective December 1, 2015, applying to any order placing a person on probation on or after that date.