AN ACT TO INCREASE JUDICIAL DISCRETION IN SENTENCING FOR DRUG TRAFFICKING OFFENSES.
Senate amendment makes the following changes to the 4th edition.
Modifies proposed GS 90-95(h)(5a), which requires a judge sentencing a person for a drug trafficking conviction or conspiracy to commit the same to impose the applicable minimum prison term provided by subsection (h). Maintains the sentencing judge's authority to reduce the fine and sentence consistent with the applicable offense and classification and prior record level provided in specified State law, if the judge enters into the record specified findings. Modifies the specific findings the sentencing judge must enter into the record to include a finding that there is no substantial evidence that the defendant has ever engaged in the transport for purpose of sale, manufacture, or delivery of a controlled substance or the intent to transport for purpose of sale, sell, manufacture, or deliver a controlled substance (was, no substantial evidence that the defendant has ever engaged in the sale, manufacture, delivery, or transport of a controlled substance or intent to sell, manufacture, deliver, or transport a controlled substance).
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.