A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A PERSON CONVICTED OF A SECOND FELONY INVOLVING THE DISPLAY OR USE OF A FIREARM MAY BE INDICTED AS AN ARMED HABITUAL FELON AND SENTENCED TO A MINIMUM OF TEN YEARS.
Adds a new Article 3D, Armed Habitual Felon, to GS Chapter 14. Defines the following terms as they apply in new Article 32: (1) convicted means a person judged guilty or who has pleaded guilty or no contest to a firearm-related felony, (2) firearm-related felony means a felony committed by a person using or displaying a firearm while committing the felony, and (3) status offender means a person who is an armed habitual felon as described in new GS 14-7.36.
Describes an armed habitual felon as a person who has been convicted of or pled guilty to one or more firearm-related felony offenses in any federal or state court in the United States. Provides that the person is guilty of the status offense of armed habitual felon and may be charged with that status offense under this Article. Provides exceptions when this Article does not apply. Also provides that this Article does not apply if the evidence of the use or display of the firearm is needed to prove an element of the firearm-related felony.
Requires that any person charged with a firearm-related felony who is also charged with being a status offendermust, upon conviction, be sentenced and punished as a status offender under this Article.
Authorizes the district attorney to charge a person as a status offender under this Article at the district attorney's discretion. Provides that to sustain a conviction as a status offender, the person must be charged separately for the principal firearm-related felony and for the status offense of armed habitual felon. Requires that there be separate indictments for each charge. Specifies the required content of an indictment charging a person as a status offender.
Limits the record of prior conviction of a firearm-related felony as admissible inevidence in cases where a person is charged with being a status offender under this Article,only for the purpose of proving the prior conviction.
Specifies procedures for reaching a verdict and judgmentand requires a finding by a jury that the defendant is a status offender for the judge to sentence the defendant under this Article. Provides that if the jury does not find the defendant to be a status offender, then the trial judge is to render judgment on the principal firearm-related felony offense as provided by law.
Includes specifications for the sentencing of a person convicted of a firearm-related felony and a status offense. Provides that a person convicted under this Article is to be sentenced as a Class C felonunless the felon has been sentenced as a Class A, B1, or B2 felon. Provides additional criteria regarding minimum time and maximum time to be served by a person sentenced under this new Article 3D.
Effective December 1, 2013, and applies to any offense that occurs on or after that date andthat is the principal firearm-related felony offense for a charge as an armed habitual felon.
Enacts new GS 15A-1340.12A to direct the sentencing court to include in its judgmentthe fact thatthe defendant used or displayed a firearm while committing the felony. Applies to any judgment entered for a felony conviction on or after the effective date of this act.
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