Bill Summaries: H674 (2011-2012 Session)

  • Summary date: Apr 6 2011 - View summary

    Amends GS 14-7.1 to redefine a habitual felon as the title indicates. Makes a conforming change to GS 14-7.4. Clarifies that for the purposes of Article 2A (Habitual Felons) of GS Chapter 14, a felony offense is defined as an offense which is a Class G felony or higher and makes conforming changes to Article 2A as needed.
    Enacts new GS 15A-1340.16E to provide for an enhanced sentence if (1) a defendant has three or more prior convictions for a Class H or Class I felony in North Carolina, for any substantially similar offense to a Class H or Class I felony committed in another jurisdiction or any combination of such convictions and (2) those offenses occurred within ten years from the date of the commission of the principal felony with which the defendant is charged. Provides additional guidelines regarding pleadings filed and the state’s burden of proof. Applies to offenses that are committed on or after December 1, 2011, and that are the principal felony for the enhanced sentence that may be imposed under proposed GS 15A-1340.16E.
    Directs the Post-Release Supervision and Parole Commission (Commission), acting with assistance from the North Carolina Sentencing and Policy Advisory Commission and the Department of Correction, to determine whether the sentence being served by inmates who are eligible for parole on or before July 1, 2012, is longer than the sentence that would have been imposed under Structured Sentencing for comparable crimes. Provides that if the sentence is longer than a sentence under Structured Sentencing, then the Commission is directed to reinitiate the parole review process for the affected inmates. Provides guidelines for calculating the maximum sentence for purposes of this section.
    Effective December 1, 2011.