House committee substitute entirely rewrites the 1st edition and changes the title of the act.
Current law provides that a grand jury may be convened for certainalleged violationsof the NC Controlled Substances Act (Article 5 of GS Chapter 90). Enactsnew subsection (i) to GS 15A-622 to expand the list of crimes for which an investigative grand jury can be convened to include the following in addition to violations of GS 90-95(h) (drug trafficking)or GS 90-95.1 (engaging in a continuing criminal enterprise): violations involving bribery, obstructing justice, and secret listening; buying and selling of offices; failing to discharge duties; public officers and employees benefiting from public contracts; misuse of confidential information; embezzlement of property received by virtue of office; obtaining property by false pretenses; extortion; forgery; and malfeasance of corporate officers and agents.
Makes a conforming change. Effective October 1, 2013.
House amendment makes the following change to the 2nd edition.
Rewrites GS 15A-622(i)(2) by deleting from the list of offenses for which an investigative grand jury may be convened violations of Article 30A of Chapter 14 (secret listening) and violations of GS 14-234.1 (misuse of confidential information).
Summary date: Apr 16 2013 - View summary
Amends GS 14-100 (Obtaining property by false pretenses), establishing different levels of punishment for the offense of obtaining property by false pretense for property of certain values as follows:
(1) If the value of the money, goods, property, services, chose in action, or other thing of value is $100,000 or more, a violation is a Class C felony.
(2) If the value is between $80,000 and $100,000, a violation is a Class D felony.
(3) If the value is between $60,000 and $80,000, a violation is a Class E felony.
(4) If the value is between $40,000 and $60,000, a violation is a Class F felony.
(5) If the value is between $20,000 and $40,000, a violation is a Class G felony.
(6) If the value is less than $20,000, the violation is a Class H felony.
Provides that a person who is convicted of a second or subsequent offense under this section will have the minimum term of imprisonment to which the person is sentenced for that felony increased by 60 months and the maximum term will be the maximum term that corresponds to the minimum term after it is increased by 60 months, as specified in GS 15A-1340.17(e) and (e1).
Sets out the requirements for indictments and pleadings that allege the offense of obtaining property by false pretenses. Establishes a beyond a reasonable doubt standard of proof for the State in proving specified issues during the same trial in which the defendant is tried for the offense. If the defendant pleads guilty or no contest to the specified issues a jury will be impaneled to determine the issues.
Effective December 1, 2013, applying to offenses committed on or after that date.