Bill Summary for H 167 (2015-2016)
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Summary date:
Mar 5 2015
Bill Information:
| View NCGA Bill Details | 2015-2016 Session |
AN ACT TO MAKE IT AN AGGRAVATING FACTOR TO COMMIT A VIOLENT FELONY THAT A DEFENDANT REASONABLY SHOULD KNOW IS BEING WITNESSED BY A CHILD WHO IS LESS THAN SIXTEEN YEARS OLD AND TO PROVIDE THAT THE INCREASED PENALTY FOR A MISDEMEANOR ASSAULT COMMITTED IN THE PRESENCE OF A MINOR MAY BE IMPOSED WHEN THE MINOR WAS IN A POSITION TO SEE OR HEAR THE COMMISSION OF THE MISDEMEANOR OFFENSE.Intro. by Cunningham, Carney, Earle, Bryan.
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Bill summary
Amends GS 15A-1340.16 to add to the list of aggravating factors that can be considered in determining whether to impose an aggravated sentence, that it is an aggravating factor when a defendant commits a violent offense and knows or reasonably should know that a person under the age of 16 who was not involved in the commission of the offense was in a position to see or hear the offense.
Amends the definition of in the presence of a minor as used in GS 14-33(d), concerning misdemeanor assault in the presence of a minor to mean that the minor was in a position to see or hear the assault (was, minor was in the position to have observed the assault).
Effective December 1, 2015, applying to offenses committed on or after that date.