AN ACT TO CLARIFY THAT THE PROVISIONS REGARDING DEFERRED PROSECUTION AND CONDITIONAL DISCHARGE FOR CONVICTIONS OF H AND I FELONIES AND MISDEMEANORS UNDER STRUCTURED SENTENCING DO NOT APPLY TO CONVICTIONS OF IMPAIRED DRIVING, TO CLARIFY THAT OFFENSES INVOLVING IMPAIRED DRIVING CANNOT BE EXPUNGED, AND TO MODIFY THE LAW CONCERNING WHEN A NEW SENTENCING HEARING MUST BE HELD IN DISTRICT COURT ON AN IMPLIED CONSENT CONVICTION FOR WHICH THE APPEAL TO SUPERIOR COURT HAS BEEN WITHDRAWN.
Senate committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Amends GS 20-38.7(c) providing three exceptions to the vacating of a sentence imposed by the district court for an implied consent conviction and the holding of a new sentencing hearing when an appeal to superior court is withdrawn or a case is remanded back to district court, including if the appeal is withdrawn pursuant to GS 15A-1431(c) or (g) and the prosecutor has certified to the clerk, in writing, that the prosecutor has no new sentencing factors to offer the court, or the appeal has been withdrawn pursuant to GS 15A-1341(h) and the prosecutor has certified to the clerk, in writing, that they consent to the withdrawal and remand and have no new sentencing factors to offer the court. Effective December 1, 2015, applying to appeals filed on or after that date.
Amends the effective date clause, providing that Section 2 through 4 of the act become effective December 1, 2015 (was, July 1, 2015), and apply to petitions filed and petitions pending on or after that date.
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