Refers to amendments as "The North Carolina First Step Act." Amends GS 90-95(h), concerning drug trafficking, by adding new subdivision (5a) authorizing a judge to reduce fines, impose a sentence lower than the applicable minimum prison term provided by statute, or to suspend a sentence altogether, upon finding and stating (1) substantial and compelling reasons for doing so, (2) imposition of the applicable minimum term would (a) result in substantial injustice to the defendant and (b) is not necessary for the protection of the public. Excludes from consideration persons determined by the judge to be an organizer or supervisor in a continuing criminal enterprise. Amends GS 90-95(h)(5) to add reference to new subdivision (5a) and makes one change to add a gender-neutral term.
Amends GS 90-95 to add new subsection (j) requiring the Administrative Office of the Courts to publish annually online a report of the number of sentences modified under GS 90-95(h)(5a) for the prior calendar year, beginning on December 1, 2020.
Directs persons currently serving an active sentence solely for a violation of GS 90-95(h) or (i) for drug trafficking or conspiracy to commit drug trafficking may seek a modification of their sentence by filing a motion for appropriate relief (MAR) within 36 months of the act's effective date. Requires courts to direct the state to respond within 60 days of the date of filing and to hold any necessary hearings within 180 days.
Effective December 1, 2019.
NORTH CAROLINA FIRST STEP ACT.
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View NCGA Bill Details | 2019-2020 Session |
AN ACT TO INCREASE JUDICIAL DISCRETION IN SENTENCING FOR DRUG TRAFFICKING OFFENSES.Intro. by Steinburg, Daniel, Britt.
Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (May 1 2019)
Bill History:
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Thu, 28 Mar 2019 Senate: Filed
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Thu, 28 Mar 2019 Senate: Filed
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Mon, 1 Apr 2019 Senate: Passed 1st Reading
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Mon, 1 Apr 2019 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 17 Apr 2019 Senate: Withdrawn From Com
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Wed, 1 May 2019 Senate: Reptd Fav
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Wed, 1 May 2019 Senate: Re-ref Com On Rules and Operations of the Senate
S 404
Bill Summaries:
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Bill S 404 (2019-2020)Summary date: Mar 28 2019 - View Summary
View: All Summaries for Bill