AMEND SENTENCING/DRUG VIOLATIONS.

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View NCGA Bill Details2013-2014 Session
Senate Bill 537 (Public) Filed Thursday, March 28, 2013
A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW REGARDING THE SENTENCE THAT MAY BE IMPOSED ON CERTAIN PERSONS CONVICTED OF A DRUG TRAFFICKING OFFENSE.
Intro. by Kinnaird.

Status: Ref To Com On Judiciary II (Senate Action) (Apr 1 2013)

Bill History:

S 537

Bill Summaries:

  • Summary date: Mar 28 2013 - View Summary

    Amends GS 90-95(h)(5) to add to the instances when a sentencing judge can reduce a fine or prison term or suspend the prison term imposed and place a person on probation when the sentencing judge finds that the person has no prior convictions for crimes that produced or threatened serious bodily harm; has no prior felony convictions for the manufacture, sale, delivery, or possession of controlled substances; and the sentencing judge finds, by a preponderance of the evidence, that the person did not possess a firearm during the commission of the offense, (previously, could only receive a reduced sentence after providing substantial assistance in the identification, arrest, or conviction of accomplices, accessories, co-conspirators, or principals). Makes technical changes.

    Provides that a person convicted under GS 90-95(h)(5) prior to the effective date of this act may petition the sentencing court for a change in the person's sentence. If the judge finds the person meets the criteria set forth, he may make any sentencing change allowed under this subdivision.

    Effective December 1, 2013.