AMEND HABITUAL FELON LAW.

Printer-friendly: Click to view
View NCGA Bill Details2011-2012 Session
House Bill 674 (Public) Filed Wednesday, April 6, 2011
TO AMEND THE HABITUAL FELON LAW BY REDEFINING AN HABITUAL FELON AS A PERSON WHO HAS BEEN CONVICTED OF THREE PRIOR FELONY OFFENSES THAT WERE CLASS G FELONIES OR HIGHER AND THAT WERE COMMITTED WITHIN FIFTEEN YEARS OF THE COMMISSION OF THE PRINCIPAL FELONY WITH WHICH THE PERSON IS CHARGED BY CHANGING THE SENTENCE IMPOSED ON A PERSON CONVICTED AS AN HABITUAL FELON TO BE ONE FELONY CLASS HIGHER THAN THE PRINCIPAL FELONY FOR WHICH THE PERSON IS CONVICTED, TO PROVIDE THAT AN ENHANCED SENTENCE MAY BE IMPOSED ON A DEFENDANT CONVICTED OF A CLASS H OR I FELONY WHO HAS AT LEAST THREE PRIOR CONVICTIONS OF A CLASS H OR I FELONY WITHIN TEN YEARS OF THE DATE OR THE COMMISSION OF THE PRINCIPAL FELONY WITH WHICH THE PERSON IS CHARGED, AND TO DIRECT THE POST-RELEASE SUPERVISION AND PAROLE COMMISSION TO DETERMINE WHETHER THE SENTENCE BEING SERVED BY CERTAIN INMATES IS LONGER THAN WOULD HAVE BEEN IMPOSED UNDER STRUCTURED SENTENCING FOR THE SAME CRIME AND IF SO, THEN TO REINITIATE THE PAROLE REVIEW PROCESS FOR THOSE PARTICULAR INMATES.
Intro. by Haire.

Status: Ref To Com On Judiciary Subcommittee B (House Action) (Apr 7 2011)

Bill History:

H 674

Bill Summaries:

  • 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.