GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 953

Short Title:  Double Jeopardy Expanded.	(Public)
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Sponsors: Senator Ballance.
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Referred to:  Election Laws.
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April 19, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A PERSON MAY NOT BE PROSECUTED FOR A STATE CRIMINAL OFFENSE IF HE HAS PREVIOUSLY BEEN PLACED IN JEOPARDY BY PROSECUTION FOR A FEDERAL CRIMINAL OFFENSE BASED ON THE SAME ACT OR CONDUCT, UNLESS EACH OFFENSE REQUIRES PROOF OF AN ELEMENT THAT IS NOT REQUIRED BY THE OTHER.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-954(a) is amended by adding a new subdivision to read:
"(5a)	The defendant has been previously placed in jeopardy by prosecution for a federal criminal offense based on the same act or conduct that constitutes the State criminal offense, unless each offense requires proof of a fact not required by the other. "
Sec. 2.  This act is effective upon ratification.