Bill Summary for H 424 (2021-2022)

Summary date: 

Mar 25 2021

Bill Information:

View NCGA Bill Details2021
House Bill 424 (Public) Filed Thursday, March 25, 2021
AN ACT TO ELIMINATE LIFE WITHOUT PAROLE FOR JUVENILES AND TO MODIFY PAROLE ELIGIBILITY FOR JUVENILES SENTENCED TO MORE THAN FIFTEEN YEARS IMPRISONMENT.
Intro. by Faircloth, Hardister, Rogers, K. Baker.

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Bill summary

Modifies Part 2A of Article 81B, GS Chapter 15A, and retitles the Part Sentencing and Parole Eligibility for Certain Minors (was, Sentencing for Minors Subject to Life Imprisonment Without Parole). Amends GS 15A-1340.19B to establish that a defendant who is convicted of first degree murder and who was under the age of 18 at the time of the offense must be sentenced to life imprisonment with parole and be eligible for parole consideration after serving 25 years. Also establishes that a defendant who was convicted of a crime other than first degree murder and who was under the age of 18 at the time of the offense and sentenced to more than 15 years of imprisonment is eligible for parole consideration after serving 15 years imprisonment. Eliminates all provisions concerning sentencing juveniles to life without parole and related sentencing hearings and considerations of the court. Makes conforming changes to GS 15A-1340.13 concerning the requirement to serve the minimum term imposed. 

Amends GS 15A-1340.19D to subject a defendant eligible for parole consideration under Part 2A to the conditions and procedures set out in Article 85. Makes conforming changes.

Amends GS 15A-1371 to establish that a prisoner who is sentenced under the Fair Sentencing Act and who was under the age of 18 at the time of the offense is eligible for parole consideration after completion of 20 years imprisonment. 

Applies to offenses committed on or after December 1, 2021.

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