AGGRAVATING FACTOR/VIOLENT ACT BEFORE MINOR.

View NCGA Bill Details2015-2016 Session
Senate Bill 207 (Public) Filed Monday, March 9, 2015
AN ACT TO MAKE IT AN AGGRAVATING FACTOR TO COMMIT A VIOLENT FELONY THAT A DEFENDANT REASONABLY SHOULD KNOW IS BEING WITNESSED BY A CHILD WHO IS LESS THAN SIXTEEN YEARS OLD AND TO PROVIDE THAT THE INCREASED PENALTY FOR A MISDEMEANOR ASSAULT COMMITTED IN THE PRESENCE OF A MINOR MAY BE IMPOSED WHEN THE MINOR WAS IN A POSITION TO SEE OR HEAR THE COMMISSION OF THE MISDEMEANOR OFFENSE.
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Status: Re-ref Com On Health Care (Senate Action) (Apr 28 2015)

SOG comments (2):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO MAKE IT AN AGGRAVATING FACTOR TO COMMIT A VIOLENT FELONY THAT A DEFENDANT REASONABLY SHOULD KNOW IS BEING WITNESSED BY A CHILD WHO IS LESS THAN SIXTEEN YEARS OLD AND TO PROVIDE THAT THE INCREASED PENALTY FOR A MISDEMEANOR ASSAULT COMMITTED IN THE PRESENCE OF A MINOR MAY BE IMPOSED WHEN THE MINOR WAS IN A POSITION TO SEE OR HEAR THE COMMISSION OF THE MISDEMEANOR OFFENSE.

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO MAKE IT AN AGGRAVATING FACTOR TO COMMIT A VIOLENT FELONY THAT A DEFENDANT REASONABLY SHOULD KNOW IS BEING WITNESSED BY A CHILD WHO IS LESS THAN SIXTEEN YEARS OLD AND TO PROVIDE THAT THE INCREASED PENALTY FOR A MISDEMEANOR ASSAULT COMMITTED IN THE PRESENCE OF A MINOR MAY BE IMPOSED WHEN THE MINOR WAS IN A POSITION TO SEE OR HEAR THE COMMISSION OF THE MISDEMEANOR OFFENSE.

S 207

Bill Summaries:

  • Summary date: Apr 28 2015 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 15A-534.1 to require a judge to determine the conditions of pretrial release when a defendant is charged with assault on, stalking, communicating a threat to, or committing a felony upon a person with whom the defendant is or has been in a dating relationship.

    Amends the act's long title.


  • Summary date: Mar 9 2015 - More information

    Identical to H 167, filed 3/5/15.

    Amends GS 15A-1340.16 to add to the list of aggravating factors that can be considered in determining whether to impose an aggravated sentence, that it is an aggravating factor when a defendant commits a violent offense and knows or reasonably should know that a person under the age of 16 who was not involved in the commission of the offense was in a position to see or hear the offense.

    Amends the definition of in the presence of a minor as used in GS 14-33(d), concerning misdemeanor assault in the presence of a minor to mean that the minor was in a position to see or hear the assault (was, minor was in the position to have observed the assault). 

    Effective December 1, 2015, applying to offenses committed on or after that date. 


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