Bill Summary for H 138 (2017-2018)

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Summary date: 

Mar 23 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 138 (Public) Filed Monday, February 20, 2017
AN ACT TO STANDARDIZE CRITERIA FOR CLASSIFICATION OF CRIMINAL GANG MEMBERSHIP, CREATE A SENTENCING ENHANCEMENT FOR CERTAIN CRIMES PERPETRATED BY GANG MEMBERS, AND INCREASE THE PENALTIES FOR CERTAIN GANG-RELATED OFFENSES.
Intro. by McNeill, Faircloth, Hurley, R. Turner.

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Bill summary

House amendment makes the following change to the 1st edition:

Deletes the language in subsection (e) of GS 15A-1340.16E requiring the State to prove the issues set out under subsection (a) or (b) during the same trial in which the defendant is tried for the felony, and accompanying exceptions. Requires that the issues shall be proven and found in the same manner as provided for aggravating factors in GS 15A-1340.16(a1), (a2), or (a3) as applicable.