AN ACT TO PROVIDE THAT IF A DEFENDANT HAS FOUR OR MORE PRIOR LARCENY CONVICTIONS, A SUBSEQUENT LARCENY OFFENSE IS A FELONY. Summarized in Daily Bulletin 2/8/11, 3/9/11, 5/11/11, 5/16/11, 5/23/12, and 7/2/12. Enacted July 12, 2012. Effective December 1, 2012.
Bill Summaries: H 54 HABITUAL MISDEMEANOR LARCENY.
Summary date: Jul 17 2012 - View Summary
Summary date: Jul 2 2012 - View Summary
Conference report recommends the following changes to 5th edition to reconcile matters in controversy.
Amends proposed subdivision (6) to GS 14-72(b) to provide that a subsequent larceny offense is a felony if the defendant has four or more (was, seven or more) prior larceny convictions. Adds that a conviction is not included as one of the four prior convictions unless the defendant was represented by counsel or waived counsel.
Summary date: May 23 2012 - View Summary
Senate committee substitute makes the following changes to 4th edition. Amends proposed language in GS 14-72(6) to remove the provision that a conviction is not counted in the seven priors unless the defendant was represented by or waived counsel. Changes the effective date to December 1, 2012 (was, 2011).
Summary date: May 16 2011 - View Summary
House amendments make the following changes to 3rd edition. Amendment # 1 amends proposed subdivision GS 14-72(b)(6) to delete provision stating that convictions in which the court record shows that the defendant waived counsel are not included in the seven prior convictions required under the subdivision. Also provides that each conviction based on offenses that took place in separate counties counts as a separate prior conviction under the subdivision.
Amendment # 2 amends proposed subdivision GS 14-72(b)(6) to prohibit inclusion of a conviction in the seven prior convictions required under the subdivision unless the defendant (1) was represented by counsel, or (2) waived counsel at first appearance or otherwise prior to trial or plea.
Summary date: May 11 2011 - View Summary
House committee substitute makes the following changes to 2nd edition. Makes clarifying changes.
Summary date: Mar 9 2011 - View Summary
House committee substitute makes the following changes to 1st edition. Changes the title to AN ACT TO PROVIDE THAT IF A DEFENDANT HAS SEVEN OR MORE PRIOR LARCENY CONVICTIONS, A SUBSEQUENT LARCENY OFFENSE IS A FELONY.
Deletes the provisions of the 1st edition and instead amends GS 14-72 (larceny of property; receiving stolen goods or possession stolen goods) to provide that larceny is a felony if the larceny is committed after the defendant has been convicted of larceny at least seven times in this state or another jurisdiction regardless of whether the prior convictions were misdemeanors, felonies, or a combination. Excludes from the prior conviction count convictions where the record reflects that the defendant waived council. Provides that if a person is convicted of more than one offense of misdemeanor larceny in a single session of district court or a single week of superior court, then only one of the convictions may be used as a prior conviction. Applies to offenses committed on or after December 1, 2011.
Summary date: Feb 8 2011 - View Summary
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.