Bill Summary for S 537 (2013-2014)
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View NCGA Bill Details | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW REGARDING THE SENTENCE THAT MAY BE IMPOSED ON CERTAIN PERSONS CONVICTED OF A DRUG TRAFFICKING OFFENSE.Intro. by Kinnaird.
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Bill summary
Amends GS 90-95(h)(5) to add to the instances when a sentencing judge can reduce a fine or prison term or suspend the prison term imposed and place a person on probation when the sentencing judge finds that the person has no prior convictions for crimes that produced or threatened serious bodily harm; has no prior felony convictions for the manufacture, sale, delivery, or possession of controlled substances; and the sentencing judge finds, by a preponderance of the evidence, that the person did not possess a firearm during the commission of the offense, (previously, could only receive a reduced sentence after providing substantial assistance in the identification, arrest, or conviction of accomplices, accessories, co-conspirators, or principals). Makes technical changes.
Provides that a person convicted under GS 90-95(h)(5) prior to the effective date of this act may petition the sentencing court for a change in the person's sentence. If the judge finds the person meets the criteria set forth, he may make any sentencing change allowed under this subdivision.
Effective December 1, 2013.