AN ACT TO ACKNOWLEDGE AND PROVIDE FOR DOMESTIC VIOLENCE HOMICIDE IN THE STATUTORY SCHEME FOR FIRST AND SECOND DEGREE HOMICIDE. Enacted July 11, 2017. Effective December 1, 2017.
Summary date: Jul 12 2017 - View summary
Summary date: Apr 25 2017 - View summary
Senate committee substitute makes the following changes to the 1st edition:
Modifies presumption in new GS 14-17(a1) that the murder is "willful, deliberate, and premeditated" to be a rebuttable presumption if the defendant has committed certain prior offenses against the same victim as listed in subdivisions (1)-(6) of that subsection.
Modifies the list of prior offenses in subdivisions (1)-(6) of subsection (a1) by changing the citation of GS 50A-4 to GS 50B-4.1, changing the citation of GS 14-196 to GS 14-196.3, deleting from the list "any crime in which assault is an element" and "any felony listed in GS 15A-830," and adding domestic criminal trespass as defined in GS 14-134.3.
Summary date: Apr 4 2017 - View summary
Enacts new GS 14-17(a1) presuming a murder to be a willful, deliberate, and premeditated killing, making it murder in the first degree, a Class A felony, if the murder is committed upon a spouse, former spouse, a person with whom the defendant lives or has lived as if married, a person with whom the defendant is or has been in a dating relationship, or a person with whom the defendant shares a child in common, if the murder was perpetrated by malice as described in the statute and the perpetrator has: (1) previously been convicted of one of the following offenses involving the same victim: a. any crime involving the violation of a domestic violence protective order under GS 50B‑4(a), (f), (g), or (g1) or GS 14‑269.8 when the same victim is the subject of the domestic violence protective order; b. any crime in which assault is an element; c. GS 14-277.1 (communicating threats) or GS 14-196 (harassing phone calls); or d. any felony listed in GS 15A‑830; (2) previously stalked the victim; or (3) on more than one prior occasion engaged in an act of domestic violence against the victim. Applies to offenses committed on or after December 1, 2017.