A BILL TO BE ENTITLED AN ACT TO EXCLUDE A PERSON WHO HAS BEEN CONVICTED OF A CLASS A1 MISDEMEANOR FROM ELIGIBILITY FOR A CONDITIONAL DISCHARGE FROM A GUILTY PLEA TO, OR A FINDING OF GUILT OF, A CONTROLLED SUBSTANCE OFFENSE.
Amends GS 90-96(a), providing that whenever a person who has not been previously convicted of a Class A1 misdemeanor under GS 14 (Criminal Law) or a substantially similar offense involving assaultive conduct under federal law or another states' laws, pleads guilty to or is found guilty of either (1) a misdemeanor under this Article involving the possession of a controlled substance included within Schedules I through VI or by possessing drug paraphernalia, as prohibited by GS 90-113.22, or (2) a felony under GS 90-95(a)(3) (possession of a controlled substance), the court will, without entering a judgment of guilt and with the consent of the person, defer further proceedings and place the person on probation with reasonable terms and conditions as may be required.
Effective December 1, 2013, and applies to persons pleading guilty to, or found guilty of, offenses committed on or after that date.
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