Bill Summary for H 908 (2013-2014)

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Summary date: 

Apr 16 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 908 (Public) Filed Thursday, April 11, 2013
A BILL TO BE ENTITLED AN ACT TO EXPAND THE LIST OF CRIMES FOR WHICH AN INVESTIGATIVE GRAND JURY CAN BE CONVENED.
Intro. by Murry, S. Ross, Glazier.

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Bill summary

Amends GS 14-100 (Obtaining property by false pretenses), establishing different levels of punishment for the offense of obtaining property by false pretense for property of certain values as follows:

(1) If the value of the money, goods, property, services, chose in action, or other thing of value is $100,000 or more, a violation is a Class C felony.

(2) If the value is between $80,000 and $100,000, a violation is a Class D felony.

(3) If the value is between $60,000 and $80,000, a violation is a Class E felony.

(4) If the value is between $40,000 and $60,000, a violation is a Class F felony.

(5) If the value is between $20,000 and $40,000, a violation is a Class G felony.

(6) If the value is less than $20,000, the violation is a Class H felony.

Provides that a person who is convicted of a second or subsequent offense under this section will have the minimum term of imprisonment to which the person is sentenced for that felony increased by 60 months and the maximum term will be the maximum term that corresponds to the minimum term after it is increased by 60 months, as specified in GS 15A-1340.17(e) and (e1).

Sets out the requirements for indictments and pleadings that allege the offense of obtaining property by false pretenses. Establishes a beyond a reasonable doubt standard of proof for the State in proving specified issues during the same trial in which the defendant is tried for the offense. If the defendant pleads guilty or no contest to the specified issues a jury will be impaneled to determine the issues.

Effective December 1, 2013, applying to offenses committed on or after that date.