Bill Summary for S 57 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
TO CREATE THE STATUS OFFENSE OF HABITUAL MISDEMEANOR LARCENYIntro. by D. Berger.
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Identical to H 54, filed 2/8/11.
Enacts new Article 2D in GS Chapter 14, titled Habitual Misdemeanor Larceny. Defines convicted, misdemeanor larceny, and status offender for purposes of the proposed Article. New GS 14-7.26 makes any person who is 18 years old or older and who has been convicted of or pled guilty to three or more prior misdemeanor larceny offenses in any federal or state court in the U.S. or a combination thereof, guilty of habitual misdemeanor larceny. Declares the person a habitual misdemeanor larceny status offender. Specifies that the commission of a second or subsequent offense of misdemeanor larceny will not fall under the proposed Article 2D, unless the offense is committed after the commission of or guilty plea to the first or prior offense. Further specifies that if a person is convicted of more than one offense of misdemeanor larceny in a single session of district court or in a single week of superior court or a court in another jurisdiction, then only one of the convictions may be used to establish habitual misdemeanor larceny.
New GS 14-7.27 provides that any person charged with misdemeanor larceny and charged as a status offender, under GS 14-7.26 must, upon conviction, be sentenced and punished as a status offender as specified in proposed Article 2D.
New GS 14-7.28 requires that a person be charged separately for the misdemeanor larceny offense and for the habitual misdemeanor larceny status offense, with corresponding separate indictments, in order to sustain a status offender conviction. Details criteria for the indictment charging a person as a status offender.
New GS 14-7.29 allows a record of prior convictions of misdemeanor larceny offenses as admissible evidence, but only to prove that the person has been convicted of the former offenses. Specifies requirements for evidence of prior convictions.
New GS 14-7.30 explains trial procedures and jury instructions.
New GS 14-7.31 provides that a status offender, as defined by proposed Article 2D, be sentenced as a Class H felon upon conviction or plea of guilty under indictment. Prohibits convictions establishing a person as a status offender from being used to determine the prior record level. Specifies sentence requirements and states that conviction as a status offender under proposed Article 2D will not constitute commission of a felony for the purpose of GS 14-7.6 (sentencing habitual felons).
Effective December 1, 2011.