Conference report recommends the following changes to 2nd edition to reconcile matters in controversy.
Adds whereas clauses declaring that the state must prove malice to obtain a second degree murder conviction, recognizing that North Carolina case law provides that malice may be shown in three different ways, and enumerates the three different ways of showing malice.
Amends proposed GS 14-17(b) to define second degree murder as any murder other than that which is defined as first degree murder in GS 14-17(a) or murder of an unborn child in GS 14-23.2. Declares that any person who commits second degree murder is to be punished as a Class B1 felon; however, clarifies the exceptions that permit a person convicted of murder in the second degree to be punished as a Class B2 felon.
Amends GS 20-141.4(b) regarding felony death by vehicle as follows: (1) makes repeat felony death by vehicle a Class B2 felony, (2) directs the court to sentence a defendant convicted of aggravated felony death by vehicle in the aggravated range of the appropriate Prior Record Level in spite of the provisions of GS 15A-1340.17, and (3) makes felony death by vehicle a Class D (was, Class E) felony and authorizes intermediate punishment for a defendant who is a Prior Record Level 1 offender notwithstanding the provisions of GS 15A-1340.17. Makes a conforming change to GS 20-141.4(a6). Amends the title to reflect added bill content.
Effective December 1, 2012, and applies to offenses committed on or after that date.