GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	2 

SENATE BILL 1630*
Judiciary I Committee Substitute Adopted 6/15/94

Short Title:  Criminal Technical Corrections.	(Public)
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Sponsors:
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Referred to:  
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June 1, 1994

A BILL TO BE ENTITLED
AN ACT TO MAKE TECHNICAL CORRECTIONS AND TO MAKE CLARIFYING AND CONFORMING CHANGES TO VARIOUS CRIMINAL STATUTES, AND TO REPEAL VARIOUS CRIMINAL LAWS THAT ARE OBSOLETE OR REDUNDANT.
The General Assembly of North Carolina enacts:

PART 1. EARNED TIME FOR MISDEMEANOR OFFENDERS

Section 1.  G.S. 15A-1340.20(d) reads as rewritten:
"(d)	Earned Time Authorization. – An offender sentenced to a term of imprisonment that is activated is eligible to receive earned time credit for misdemeanant offenders awarded by the Department of Correction or the custodian of a local confinement facility, pursuant to rules adopted in accordance with law and pursuant to G.S. 162-60.  These rules and statute combined shall not award misdemeanant offenders more than four days of earned time credit per month of incarceration."
Sec. 2.  G.S. 162-60 reads as rewritten:
"§ 162-60.  Reduction in sentence allowed for work.
A prisoner who has faithfully performed the duties assigned to him pursuant to G.S. 162-58 is entitled to a reduction in his sentence of four days for each 30 days of work performed.  The person having custody of the prisoner, as defined in G.S. 162-59, shall be the sole judge as to whether the prisoner has faithfully performed his duties.  A prisoner who escapes or attempts to escape while performing work pursuant to G.S. 162-58 shall forfeit any reduction in sentence that he would have been entitled to under this section."
Sec. 3.  G.S. 153A-230.3(b) reads as rewritten:
	"(b)	Operation of Satellite Jail/Work Release Unit. – A county or group of counties operating a satellite jail/work release unit shall comply with the following requirements concerning operation of the unit:
(1)	The county shall make every effort to ensure that at least eighty percent (80%) of the unit occupants shall be employed and on work release, and that the remainder shall earn their keep by working at the unit on maintenance and other jobs related to the upkeep and operation of the unit or by assignment to community service work, and that alcohol and drug rehabilitation be available through community resources.
(2)	The county shall require the occupants to give their earnings, less standard payroll deductions required by law and premiums for group health insurance coverage, to the Sheriff.  The county may charge a per day charge from those occupants who are employed or otherwise able to pay from other resources available to the occupants. The per day charge shall be calculated based on the following formula: The charge shall be either the amount that the Department of Correction deducts from a prisoner's work-release earnings to pay for the cost of the prisoner's keep or fifty percent (50%) of the occupant's net weekly income, whichever is greater, but in no event may the per day charge exceed an amount that is twice the amount that the Department of Correction pays each local confinement facility for the cost of providing food, clothing, personal items, supervision, and necessary ordinary medical expenses. The per day charge may be adjusted on an individual basis where restitution and/or child support has been ordered, or where the occupant's salary or resources are insufficient to pay the charge.
		The county also shall accumulate a reasonable sum from the earnings of the occupant to be returned to him when he is released from the unit.  The county also shall follow the guidelines established for the Department of Correction in G.S. 148-33.1(f) for determining the amount and order of disbursements from the occupant's earnings.
(3)	Any and all proceeds from daily fees shall belong to the county's General Fund to aid in offsetting the operation and maintenance of the satellite unit.
(4)	The unit shall be operated on a full-time basis, i.e., seven days/nights a week, but weekend leave may be granted by the Sheriff.  In granting weekend leave, the Sheriff shall follow the policies and procedures of the Department of Correction for granting weekend leave for Level 3 minimum custody inmates.
(5)	Earned time shall be applied to these county prisoners in the same manner as prescribed in G.S. 15A-1340.20 and G.S. 148-13 for State prisoners.
(6)	The Sheriff shall maintain complete and accurate records on each inmate. These records shall contain the same information as required for State prisoners that are housed in county local confinement facilities."
Sec. 4.  G.S. 15A-1368.2(a) reads as rewritten:
"(a)	A prisoner to whom this Article applies shall be released from prison for post-release supervision on the date equivalent to his maximum imposed prison term less nine months, less any earned time awarded by the Department of Correction or the custodian of a local confinement facility under G.S. 15A-1340.13(d).  If a prisoner has not been awarded any earned time, the prisoner shall be released for post-release supervision on the date equivalent to his maximum prison term less nine months."
Sec. 5.  G.S. 15A-1368.3(c) reads as rewritten:
"(c)	Effect of Violation. – If the supervisee violates a condition, described in G.S. 15A-1368.4, at any time before the termination of the supervision period, the Commission may continue the supervisee on the existing supervision, with or without modifying the conditions, or if continuation or modification is not appropriate, may revoke post-release supervision as provided in G.S. 15A-1368.6 and reimprison the supervisee for a term consistent with the following requirements:
(1)	The supervisee will be returned to prison up to the time remaining on his maximum imposed term.
(2)	The supervisee shall not receive any credit for days on post-release supervision against the maximum term of imprisonment imposed by the court under G.S. 15A-1340.13.
(3)	Pursuant to Article 19A of Chapter 15, the Department of Correction shall award a prisoner credit against any term of reimprisonment for all time spent in custody as a result of revocation proceedings under G.S. 15A-1368.6.
(4)	The prisoner is eligible to receive earned time credit against the maximum prison term as provided in G.S. 15A-1340.13(d) for time served in prison after the revocation."

PART 2.  LENGTHS OF PROBATION PERIODS

Sec. 6.  G.S. 15A-1342(a) reads as rewritten:
"(a)	Period. – The court may place a convicted offender on probation for the appropriate period as specified in G.S. 15A-1343.2(d), not to exceed a maximum of five years. The court may place a defendant as to whom prosecution has been deferred on probation for a maximum of two years. The probation remains conditional and subject to revocation during the period of probation imposed, unless terminated as provided in subsection (b) or G.S. 15A-1341(c).
Extension. – The court with the consent of the defendant may extend the period of probation beyond the original period (i)	for the purpose of allowing the defendant to complete a program of restitution, or (ii) to allow the defendant to continue medical or psychiatric treatment ordered as a condition of the probation. The period of extension shall not exceed three years beyond the original period of probation. The special extension authorized herein may be ordered only in the last six months of the original period of probation.  Any probationary judgment form provided to a defendant on supervised probation shall state that probation may be extended pursuant to this subsection."
Sec. 7.  G.S. 15A-1351(a) reads as rewritten:
"(a)	The judge may sentence to special probation a defendant convicted of a criminal offense other than impaired driving under G.S. 20-138.1, if based on the defendant's prior record or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment is authorized for the class of offense of which the defendant has been convicted.  A defendant convicted of impaired driving under G.S. 20-138.1 may also be sentenced to special probation.  Under a sentence of special probation, the court may suspend the term of imprisonment and place the defendant on probation as provided in Article 82, Probation, and in addition require that the defendant submit to a period or periods of imprisonment in the custody of the Department of Correction or a designated local confinement or treatment facility at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court determines.  In addition to any other conditions of probation which the court may impose, the court shall impose, when imposing a period or periods of imprisonment as a condition of special probation, the condition that the defendant obey the Rules and Regulations of the Department of Correction governing conduct of inmates, and this condition shall apply to the defendant whether or not the court imposes it as a part of the written order.  If imprisonment is for continuous periods, the confinement may be in the custody of either the Department of Correction or a local confinement facility.  Noncontinuous periods of imprisonment under special probation may only be served in a designated local confinement or treatment facility.  Except for probationary sentences of impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, may not exceed six months or one fourth the maximum sentence of imprisonment imposed for the offense, whichever is less, and no confinement other than an activated suspended sentence may be required beyond two years of conviction.  For probationary sentences for impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, shall not exceed one-fourth the maximum penalty allowed by law.  In imposing a sentence of special probation, the judge may credit any time spent committed or confined, as a result of the charge, to either the suspended sentence or to the imprisonment required for special probation.  The original period of probation, including the period of imprisonment required for special probation, shall be as specified in G.S. 15A-1343.2(d), but may not exceed a maximum of five years, except as provided by G.S. 15A-1342(a).  The court may revoke, modify, or terminate special probation as otherwise provided for probationary sentences."
Sec. 8.  G.S. 15A-1343.2(d) reads as rewritten:
"(d)	Lengths of Probation Terms Under Structured Sentencing. – Unless the court makes specific findings that longer or shorter periods of probation are necessary, the length of the original period of probation for offenders sentenced under Article 81B shall be as follows:
(1)	For misdemeanants sentenced to community punishment, not less than six nor more than 18 months;
(2)	For misdemeanants sentenced to intermediate punishment, not less than 12 nor more than 24 months;
(3)	For felons sentenced to community punishment, not less than 12 nor more than 30 months; and
(4)	For felons sentenced to intermediate punishment, not less than 18 nor more than 36 months.
If the court finds at the time of sentencing that a longer period of probation is necessary, that period may not exceed a maximum of five years, as specified in G.S. 15A-1342 and G.S. 15A-1351.
Extension. – The court may with the consent of the offender extend the original period of the probation if necessary to complete a program of restitution or to complete medical or psychiatric treatment ordered as a condition of probation.  This extension may be for no more than three years, and may only be ordered in the last six months of the original period of probation."

PART 3.  EXTEND LENGTH OF CONFINEMENT ON SPECIAL PROBATION FOR SENTENCES TO IMPACT

Sec. 9.  G.S. 15A-1344(e) reads as rewritten:
"(e)	Special Probation in Response to Violation. – When a defendant has violated a condition of probation, the court may modify his probation to place him on special probation as provided in this subsection.  In placing him on special probation, the court may continue or modify the conditions of his probation and in addition require that he submit to a period or periods of imprisonment, either continuous or noncontinuous, at whatever time or intervals within the period of probation the court determines.  In addition to any other conditions of probation which the court may impose, the court shall impose, when imposing a period or periods of imprisonment as a condition of special probation, the condition that the defendant obey the Rules and Regulations of the Department of Correction governing conduct of inmates, and this condition shall apply to the defendant whether or not the court imposes it as a part of the written order.  If imprisonment is for continuous periods, the confinement may be in either the custody of the Department of Correction or a local confinement facility.  Noncontinuous periods of imprisonment under special probation may only be served in a designated local confinement or treatment facility.  Except for probationary sentences for impaired driving under G.S. 20-138.1 and probationary sentences which include a period of imprisonment in the Intensive Motivational Program of Alternative Correctional Treatment (IMPACT) under G.S. 15A-1343(b1)(2a), the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, may not exceed six months or one fourth the maximum sentence of imprisonment imposed for the offense, whichever is less.  For probationary sentences for impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, shall not exceed one-fourth the maximum penalty allowed by law.  For probationary sentences which include a period of imprisonment in the Intensive Motivational Program of Alternative Correctional Treatment (IMPACT) under G.S. 15A-1343(b1)(2a), the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, shall not exceed six months or one-half the maximum term of the suspended sentence of imprisonment, whichever is less.  No confinement other than an activated suspended sentence may be required beyond the period of probation or beyond two years of the time the special probation is imposed, whichever comes first."
Sec. 10.  G.S. 15A-1351(a), as amended by Section 7 of this act, reads as rewritten:
"(a)	The judge may sentence to special probation a defendant convicted of a criminal offense other than impaired driving under G.S. 20-138.1, if based on the defendant's prior record or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment is authorized for the class of offense of which the defendant has been convicted.  A defendant convicted of impaired driving under G.S. 20-138.1 may also be sentenced to special probation.  Under a sentence of special probation, the court may suspend the term of imprisonment and place the defendant on probation as provided in Article 82, Probation, and in addition require that the defendant submit to a period or periods of imprisonment in the custody of the Department of Correction or a designated local confinement or treatment facility at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court determines.  In addition to any other conditions of probation which the court may impose, the court shall impose, when imposing a period or periods of imprisonment as a condition of special probation, the condition that the defendant obey the Rules and Regulations of the Department of Correction governing conduct of inmates, and this condition shall apply to the defendant whether or not the court imposes it as a part of the written order.  If imprisonment is for continuous periods, the confinement may be in the custody of either the Department of Correction or a local confinement facility.  Noncontinuous periods of imprisonment under special probation may only be served in a designated local confinement or treatment facility.  Except for probationary sentences of impaired driving under G.S. 20-138.1 and probationary sentences which include a period of imprisonment in the Intensive Motivational Program of Alternative Correctional Treatment (IMPACT) under G.S. 15A-1343(b1)(2a), the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, may not exceed six months or one fourth the maximum sentence of imprisonment imposed for the offense, whichever is less, and no confinement other than an activated suspended sentence may be required beyond two years of conviction.  For probationary sentences for impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, shall not exceed one-fourth the maximum penalty allowed by law.  For probationary sentences which include a period of imprisonment in the Intensive Motivational Program of Alternative Correctional Treatment (IMPACT) under G.S. 15A-1343(b1)(2a), the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, shall not exceed six months or one-half of the maximum term of the suspended sentence, whichever is less.  In imposing a sentence of special probation, the judge may credit any time spent committed or confined, as a result of the charge, to either the suspended sentence or to the imprisonment required for special probation.  The original period of probation, including the period of imprisonment required for special probation, shall be as specified in G.S. 15A-1343.2(d), but may not exceed a maximum of five years, except as provided by G.S. 15A-1342(a).  The court may revoke, modify, or terminate special probation as otherwise provided for probationary sentences."

PART 4.  COUNTING MULTIPLE PRIOR CONVICTIONS

Sec. 11.  G.S. 15A-1340.14(d) reads as rewritten:
"(d)	Multiple Prior Convictions Obtained in One Court Week. – For purposes of determining the prior record level, if an offender is convicted of more than one offense in a single superior court during one calendar week, only the conviction for the offense with the highest point total is used.  If an offender is convicted of more than one offense in a single session of district court, only one of the convictions is used."

PART 5. CLASSIFYING PRIOR MISDEMEANOR CONVICTIONS FROM OTHER JURISDICTIONS

Sec. 12.  G.S. 15A-1340.14(e) reads as rewritten:
"(e)	Classification of Prior Convictions From Other Jurisdictions. – Except as otherwise provided in this subsection, a conviction occurring in a jurisdiction other than North Carolina is classified as a Class I felony if the jurisdiction in which the offense occurred classifies the offense as a felony, or is classified as a Class 3 misdemeanor if the jurisdiction in which the offense occurred classifies the offense as a misdemeanor.  If the offender proves by the preponderance of the evidence that an offense classified as a felony in the other jurisdiction is substantially similar to an offense that is a misdemeanor in North Carolina, the conviction is treated as that class of misdemeanor for assigning prior record level points.  If the State proves by the preponderance of the evidence that an offense classified as either a misdemeanor or a felony in the other jurisdiction is substantially similar to an offense in North Carolina that is classified as a Class I felony or higher, the conviction is treated as that class of felony for assigning prior record level points.  If the State proves by the preponderance of the evidence that an offense classified as a misdemeanor in the other jurisdiction is substantially similar to an offense classified as a Class 1 misdemeanor in North Carolina, the conviction is treated as a Class 1 misdemeanor for assigning prior record level points."

PART 6.  DEPARTMENT OF CORRECTION TO PAY FOR LOCAL CONFINEMENT OF OFFENDERS FOUND IN CONTEMPT FOR PROBATION VIOLATIONS

Sec. 13.  G.S. 15A-1344(e1) reads as rewritten:
"(e1)	Criminal Contempt in Response to Violation. – If a defendant willfully violates a condition of probation, the court may hold the defendant in criminal contempt as provided in Article 1 of Chapter 5A of the General Statutes.  A finding of criminal contempt by the court shall not revoke the probation.  If the defendant serves a sentence for contempt in a local confinement facility pursuant to this statute, the Department of Correction shall pay for the confinement at the standard rate set by the General Assembly pursuant to G.S. 148-32.1(a), regardless of whether the defendant would be eligible under the terms of that subsection."

PART 7. REVISE COMMUNITY PENALTIES ELIGIBILITY CRITERIA

Sec. 14.  G.S 7A-771 reads as rewritten:
"§ 7A-771.  Definitions.
As used in this Article:
(1)	'Community penalties program' means an agency within the judicial district which shall (i) prepare community penalty plans; (ii) arrange or contract with public and private agencies for necessary services for offenders; and (iii) monitor the progress of offenders placed on community penalty plans.
(2)	'Community penalty plan' means a plan presented in writing to the sentencing judge which provides a detailed description of the targeted offender's proposed community penalty.
(2a)	'Director' means the Director of the Administrative Office of the Courts. 
(3)	'Judicial district' means a district court district as defined in G.S. 7A-133.
(4)	Repealed by Session Laws 1991, c. 566, s. 4, effective July 1, 1991.
(5)	'Targeted offenders' means persons convicted of misdemeanors or felonies who are eligible to receive an intermediate punishment based on their class of offense and prior record level and who are facing an imminent and substantial threat of imprisonment."
Sec. 15.  G.S. 7A-773 reads as rewritten:
"§ 7A-773. Responsibilities of a community penalties program.
A community penalties program shall be responsible for:
(1)	Targeting offenders who are eligible to receive an intermediate punishment based on their class of offense and prior record level and who face an imminent and substantial threat of imprisonment.
(2)	Preparing detailed community penalty plans for presentation to the sentencing judge by the offender's attorney.
(3)	Contracting or arranging with public or private agencies for services described in the community penalty plan.
(4)	Monitoring the progress of offenders under community penalty plans."

PART 8.  REVISE HABITUAL FELON LAW

Sec. 16.  G.S 14-7.6 reads as rewritten:
"§ 14-7.6.  Sentencing of habitual felons.
When an habitual felon as defined in this Article commits any felony under the laws of the State of North Carolina, the felon must, upon conviction or plea of guilty under indictment as provided in this Article (except where the felon has been sentenced as a Class A, B1, or B2 felon) be sentenced as a Class C felon.  In determining the prior record level, convictions used to establish a person's status as an habitual felon shall not be used.  Sentences imposed under this Article shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced under this section."

PART 9.  PUNISH FAILURE TO COMPLY WITH CONTROL CONDITIONS BY PERSONS WITH COMMUNICABLE DISEASES

Sec. 17.  G.S. 15A-1340.10 reads as rewritten:
"§ 15A-1340.10.  Applicability of structured sentencing.
This Article applies to criminal offenses in North Carolina, other than impaired driving under G.S. 20-138.1 and failure to comply with control measures under G.S. 130A-25, that occur on or after October 1, 1994.  This Article does not apply to violent habitual felons sentenced under Article 2B of Chapter 14 of the General Statutes."
Sec. 18.  G.S. 130A-25 reads as rewritten:
"§ 130A-25.  Misdemeanor.
(a)	A person who violates a provision of this Chapter or the rules adopted by the Commission or a local board of health shall be guilty of a misdemeanor.
(b)	A person convicted under this section for violation of G.S. 130A-144(f) or G.S. 130A-145 shall not be sentenced under Article 81B of Chapter 15A of the General Statutes but shall instead be sentenced to a term of imprisonment of no more than two years and shall serve any prison sentence in McCain Hospital, Division of Prisons, Department of Correction, McCain, North Carolina; the North Carolina Correctional Center for Women, Division of Prisons, Department of Correction, Raleigh, North Carolina; or any other confinement facility designated for this purpose by the Secretary of Correction after consultation with the State Health Director.  The Secretary of Correction shall consult with the State Health Director concerning the medical management of these persons.
(c)	Notwithstanding G.S. 148-4.1, G.S. 148-13, or any other contrary provision of law, a person imprisoned for violation of G.S. 130A-144(f) or G.S. 130A-145 shall not be released prior to the completion of the person's term of imprisonment unless and until a determination has been made by the District Court that release of the person would not create a danger to the public health.  This determination shall be made only after the medical consultant of the confinement facility and the State Health Director, in consultation with the local health director of the person's county of residence, have made recommendations to the Court."

PART 10. CLASSIFY CERTAIN OFFENSES

Sec. 19.  G.S 7A-456 reads as rewritten:
"§ 7A-456. False statements; penalty.
(a)	A false material statement made by a person under oath or affirmation in regard to the question of his indigency constitutes a Class I felony.
(b)	A judicial official making the determination of indigency shall notify the person of the provisions of subsection (a) of this section.
(c)	Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1100, s. 11.1."
Sec. 20.  G.S. 14-253 reads as rewritten:
"§ 14-253.  Failure of certain railroad officers to account with successors.
If the president and directors of any railroad company, and any person acting under them, shall, upon demand, fail or refuse to account with the president and directors elected or appointed to succeed them, and to transfer to them forthwith all the money, books, papers, choses in action, property and effects of every kind and description belonging to such company, they shall be guilty of a Class I felony.  The Governor is hereby authorized, at the request of the president, directors and other officers of any railroad company, to make requisition upon the governor of any other state for the apprehension of any such president failing to comply with this section."
Sec. 21.  G.S. 14-277.4(b) reads as rewritten:
"(b)	No person shall injure or threaten to injure a person who is or has been:
(1)	Obtaining health care services;
(2)	Lawfully aiding another to obtain health care services; or
(3)	Providing health care services."
Sec. 22.  G.S. 54C-64 reads as rewritten:
"§ 54C-64.  Prohibited practices.
A person who engages in any of the following acts or practices is guilty of a Class 1 misdemeanor:
(1)	Defamation:  Making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral, written, or printed statement that is false regarding the financial condition of any savings bank.
(2)	False information and advertising:  Making, publishing, disseminating, circulating, or otherwise placing before the public in any publication, media, notice, pamphlet, letter, poster, or any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the savings bank business or with respect to any person in the conduct of the savings bank business that is untrue, deceptive, or misleading.
(3)	Misleading advertising:  Use of a name or designation by a savings bank in advertisements, announcements, or statements concerning the savings bank that does not include the words 'savings bank' and the designation 'SSB' in type that is equally prominent with the other terms in the name or designation of the savings bank."
Sec. 23.  G.S. 58-2-180 reads as rewritten:
"§ 58-2-180.  Punishment for making false statement.
If any person in any financial or other statement required by this Chapter willfully misstates information, that person making oath to or subscribing the statement is guilty of a Class I felony;  and the entity on whose behalf the person made the oath or subscribed the statement is subject to a fine imposed by the court of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000)."
Sec. 24.  G.S. 58-8-1 reads as rewritten:
"§ 58-8-1.  Mutual insurance companies organized; requisites for doing business. 
No policy may be issued by a mutual company until the president and the secretary of the company have certified under oath that every subscription for insurance in the list presented to the Commissioner for approval is genuine, and made with an agreement with every subscriber for insurance that he will take the policies subscribed for by him within 30 days after the granting of a license to the company by the Commissioner to issue policies.  Any person making a false oath in respect to the certificate is guilty of a Class I felony."
Sec.  25.  G.S. 58-24-180(d) reads as rewritten:
"(d)	Any person violating the provisions of G.S. 58-24-65 shall be guilty of a Class I felony."
Sec. 26.  G.S. 74E-13(a) reads as rewritten:
"(a)	No private person, firm, association, or corporation, and no public institution, agency, or other entity shall engage in, perform any services as, or in any way hold itself out as a company police agency or engage in the recruitment or hiring of company police officers without having first complied with the provisions of this Chapter. Any person, firm, association, or corporation, or their agents and employees violating any of the provisions of this Chapter shall be guilty of a Class 1 misdemeanor."
Sec. 27.  G.S. 77-57(b) reads as rewritten:
"(b)	Violation of any regulation of the Commission commanding or prohibiting an act shall be a Class 3 misdemeanor."
Sec. 28.  G.S. 90-210.70(b) reads as rewritten:
"(b)	Any person who willfully violates any other provision of this Article shall be guilty of a Class 1 misdemeanor.  Each such violation shall constitute a separate offense and may be prosecuted individually."

PART 11. REPEAL CERTAIN OFFENSES

Sec. 29.  The following statutes which contain felony offenses are repealed:
(1)	G.S. 14-20.  Killing adversary in duel; aiders and abettors declared accessories.
(2)	G.S. 14-43.  Abduction of married women.
Sec. 30.  The following statutes which contain misdemeanor offenses are repealed:
(1)	G.S. 14-111.1. Obtaining ambulance services without intending to pay therefor - Buncombe, Haywood, and Madison Counties.
(2)	G.S. 14-111.2. Obtaining ambulance services without intending to pay therefor - certain named counties.
(3)	G.S. 14-116. Fraudulent entry of horses at fairs.
(4)	G.S. 14-133. Erecting artificial islands and lumps in public waters.
(5)	G.S. 14-140. Certain fires to be guarded by watchman.
(6)	G.S. 14-170. "Rental battery" defined; identification of rental storage batteries.
(7)	G.S. 14-171. Defacing word "rental" prohibited.
(8)	G.S. 14-172. Sale, etc., of rental battery prohibited.
(9)	G.S. 14-173. Repairing another's rental battery prohibited.
(10)	G.S. 14-174. Time limit on possession of rental battery without written consent.
(11)	G.S. 14-175. Violation made misdemeanor.
(12)	G.S. 14-176. Rebuilding storage batteries out of old parts and sale of, regulated.
(13)	G.S. 14-195. Using profane or indecent language on passenger trains.
(14)	G.S. 14-222. Refusal of witness to appear or to testify in investigations of lynchings.
(15)	G.S. 14-310. Dance marathons and walkathons prohibited.
(16)	G.S. 14-311. Penalty for violation.
(17)	G.S. 14-312. Each day made separate offense.
(18)	G.S. 14-356. Conspiring to blacklist employees.
(19)	G.S. 14-389. Sale of Jamaica ginger.
(20)	G.S. 14-396. Dogs on "Capitol Square" worrying squirrels.
(21)	G.S. 14-397. Use of name of denominational college in connection with dance hall.
Sec. 31.  G.S. 14-32.1 reads as rewritten:
"§ 14-32.1.  Assaults on handicapped persons; punishments.
(a)	For purposes of this section, a 'handicapped person' is a person who has:
(1)	A physical or mental disability, such as decreased use of arms or legs, blindness, deafness, mental retardation or mental illness; or
(2)	Infirmity
which would substantially impair that person's ability to defend himself.
			(e)	Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any aggravated assault or assault and battery on a handicapped person is guilty of a Class F felony.  A person commits an aggravated assault or assault and battery upon a handicapped person if, in the course of the assault or assault and battery, that person:
(1)	Uses a deadly weapon or other means of force likely to inflict serious injury or serious damage to a handicapped person; or
(2)	Inflicts serious injury or serious damage to a handicapped person; or
(3)	Intends to kill a handicapped person.
(f)	Any person who commits a simple assault or battery upon a handicapped person is guilty of a Class 1 misdemeanor."

PART 12. CONTINUING THE SENTENCING HEARING

Sec. 32.  G.S. 15A-1340.14(f) reads as rewritten:
	"(f)  Proof of Prior Convictions. – A prior conviction shall be proved by any of the following methods:
(1)	Stipulation of the parties.
(2)	An original or copy of the court record of the prior conviction.
(3)	A copy of records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts.
(4)	Any other method found by the court to be reliable.
The State bears the burden of proving, by a preponderance of the evidence, that a prior conviction exists and that the offender before the court is the same person as the offender named in the prior conviction.  The original or a copy of the court records or a copy of the records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts, bearing the same name as that by which the offender is charged, is prima facie evidence that the offender named is the same person as the offender before the court, and that the facts set out in the record are true.  For purposes of this subsection, 'a copy' includes a paper writing containing a reproduction of a record maintained electronically on a computer or other data processing equipment, and a document produced by a facsimile machine.  The prosecutor shall make all feasible efforts to obtain and present to the court the offender's full record.  Evidence presented by either party at trial may be utilized to prove prior convictions.  Suppression of prior convictions is pursuant to G.S. 15A-980.  If a motion is made pursuant to that section during the sentencing stage of the criminal action, the court may grant a continuance of the sentencing hearing.  If asked by the defendant in compliance with G.S. 15A-903, the prosecutor shall furnish the defendant's prior criminal record to the defendant within a reasonable time sufficient to allow the defendant to determine if the record available to the prosecutor is accurate."
Sec. 33.  G.S. 15A-1340.21(c) reads as rewritten:
"(c)	Proof of Prior Convictions. – A prior conviction shall be proved by any of the following methods:
(1)	Stipulation of the parties.
(2)	An original or copy of the court record of the prior conviction.
(3)	A copy of records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts.
(4)	Any other method found by the court to be reliable.
The State bears the burden of proving, by a preponderance of the evidence, that a prior conviction exists and that the offender before the court is the same person as the offender named in the prior conviction.  The original or a copy of the court records or a copy of the records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts, bearing the same name as that by which the offender is charged, is prima facie evidence that the offender named is the same person as the offender before the court, and that the facts set out in the record are true.  For purposes of this subsection, 'copy' includes a paper writing containing a reproduction of a record maintained electronically on a computer or other data processing equipment, and a document produced by a facsimile machine.  Evidence presented by either party at trial may be utilized to prove prior convictions.  Suppression of prior convictions is pursuant to G.S. 15A-980.  If a motion is made pursuant to that section during the sentencing stage of the criminal action, the court may grant a continuance of the sentencing hearing."
Sec. 34.  Section 13 of this act is effective upon ratification.  The remaining sections of this act become effective October 1, 1994.  Prosecution for, or sentences based on, offenses occurring before the effective date of this act are not abated or affected by the repeal or amendment in this act of any statute, and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences.