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.
AMEND SENTENCING/DRUG VIOLATIONS.
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View NCGA Bill Details | 2013-2014 Session |
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:
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Thu, 28 Mar 2013 Senate: Filed
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Mon, 1 Apr 2013 Senate: Passed 1st Reading
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Mon, 1 Apr 2013 Senate: Ref To Com On Judiciary II
S 537
Bill Summaries:
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Bill S 537 (2013-2014)Summary date: Mar 28 2013 - View Summary
View: All Summaries for Bill