GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 158

Short Title:  Habitual Misdemeanant Law.	(Public)
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Sponsors: Representatives Joye; Nichols and Wood.
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Referred to:  Judiciary III.
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February 14, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT UPON A FOURTH CONVICTION OF A CLASS 1 MISDEMEANOR, AN OFFENDER IS AN HABITUAL MISDEMEANANT AND SHALL BE PUNISHED AS A CLASS I FELON.
The General Assembly of North Carolina enacts:
Section 1.  Article 2A of Chapter 14 reads as rewritten:
"ARTICLE 2A.
"Habitual Criminals.
"§ 14-7.1.  Definitions; scope.
(a)	Definitions. – The following definitions apply in this Article:
(1)	Felony. – An offense that is a felony under the laws of this State or would be classified as a felony under G.S. 15A-1340.14(e).
(2)	Habitual felon. – An offender who (i) is convicted in this State of a felony and (ii) has at least three separate prior convictions of felonies, no more than one of which was for an offense that under the law of this State would be considered a Class H, I, or J felony.  The provisions of G.S. 15A-1340.14(d) govern multiple convictions obtained in one week for the purposes of this Article.
(3)	Habitual misdemeanant. – An offender who (i) is convicted in this State of a Class 1 misdemeanor and (ii) has at least three separate prior convictions for Class 1 misdemeanors.  The provisions of G.S. 15A-1340.21(d) govern multiple convictions obtained in one week for the purposes of this Article.
(4)	Misdemeanor. – An offense that is a Class 1 misdemeanor under the laws of this State or is classified as a misdemeanor punishable by more than six months' imprisonment in the jurisdiction in which the offense occurred.
(5)	Prior conviction. – Defined in G.S. 15A-1340.11.
(b)	Scope. – The following offenses are not considered in determining whether a person is an habitual criminal:
(1)	More than one offense committed before a person attains the age of 18 years.
(2)	Offenses for which the defendant was convicted before July 6, 1967.
(3)	Federal offenses relating to the manufacture, possession, and sale of, and kindred offenses involving intoxicating liquors.
(4)	An offense to which a pardon has been extended.  The burden of proving the pardon shall rest with the defendant; the State is not required to disprove a pardon.
(5)	A second offense committed before the conviction of the first offense.
(6)	An offense for which the defendant was convicted outside the United States.
"§ 14-7.2.  Punishment.
(a)	Habitual Felons. – When any person is charged by indictment with the commission of a felony under the laws of this State and is also charged with being an habitual felon as defined in G.S. 14-7.1, the person must, upon conviction, be sentenced and punished as an habitual felon, except in those cases where the death penalty or a life sentence is imposed.
(b)	Habitual Misdemeanants. – When any person is charged with the commission of a misdemeanor under the laws of this State and is also charged with being an habitual misdemeanant as defined in G.S. 14-7.1, the person must, upon conviction, be sentenced and punished as an habitual misdemeanant.
"§ 14-7.3.  Charge of habitual felon or habitual misdemeanant.
(a)	Habitual Felons. – An indictment which charges a person who is an habitual felon within the meaning of G.S. 14-7.1 with the commission of any felony under the laws of the State of North Carolina must, in order to sustain a conviction of habitual felon, also charge that the person is an habitual felon. The indictment charging the defendant as an habitual felon shall be separate from the indictment charging him with the principal felony. An indictment which charges a person with being an habitual felon must set forth the date that prior felony offenses were committed, the name of the state or other sovereign against whom the felony offenses were committed, the dates that pleas of guilty were entered to or convictions returned in the felony offenses, and the identity of the court wherein the pleas or convictions took place. No defendant charged with being an habitual felon in a bill of indictment shall be required to go to trial on the charge within 20 days of the finding of a true bill by the grand jury, unless the defendant waives this 20-day period.
(b)	Habitual Misdemeanants. – In order to sustain a conviction of habitual misdemeanant, a person must be charged by indictment of being an habitual misdemeanant and must also be charged by indictment with the commission of the principal misdemeanor.  If a person has been charged in district court with a misdemeanor and the district attorney elects to charge the person as an habitual misdemeanant, the district attorney must notify the district court and ask that the misdemeanor charge be transferred to superior court after the defendant has been charged by indictment with the misdemeanor and with being an habitual misdemeanant.
The indictment charging the defendant as an habitual misdemeanant shall be separate from the indictment charging the defendant with the principal misdemeanor.  An indictment that charges a person with being an habitual misdemeanant shall set forth the date the prior misdemeanor offenses were committed, the name of the state or other sovereign against whom the misdemeanor offenses were committed, the dates that convictions were entered in the misdemeanor offenses, and the identity of the courts in which the convictions took place.  No defendant charged with being an habitual misdemeanant in a bill of indictment shall be required to go to trial on the charge within 20 days of the finding of a true bill by the grand jury, unless the defendant waives this 20-day period.
"§ 14-7.4.  Evidence of prior convictions of offenses.
(a)	Habitual Felons. – In all cases where a person is charged under the provisions of this Article with being an habitual felon, the record or records of prior convictions of felony offenses shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of former felony offenses. A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior conviction. The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court, and shall be prima facie evidence of the facts set out therein.
(b)	Habitual Misdemeanants. – In all cases in which a person is charged with being an habitual misdemeanant, the records of prior convictions of misdemeanor offenses shall be admissible in evidence, but only for the purpose of proving that the person has been convicted of former misdemeanor offenses.  A prior conviction may be proved by stipulation of the parties or by the original or a certified copy of the court record of the prior conviction.  The original or certified copy of the court record, bearing the same name as that by which the defendant is charged, shall be prima facie evidence that the defendant named therein is the same as the defendant before the court, and shall be prima facie evidence of the facts set out therein.
"§ 14-7.5.  Verdict and judgment.
(a)	Habitual Felons. – When an indictment charges an habitual felon with a felony as above provided and an indictment also charges that the person is an habitual felon as provided herein, the defendant shall be tried for the principal felony as provided by law. The indictment that the person is an habitual felon shall not be revealed to the jury unless the jury shall find that the defendant is guilty of the principal felony or other felony with which he is charged. If the jury finds the defendant guilty of a felony, the bill of indictment charging the defendant as an habitual felon may be presented to the same jury. Except that the same jury may be used, the proceedings shall be as if the issue of habitual felon were a principal charge. If the jury finds that the defendant is an habitual felon, the trial judge shall enter judgment according to the provisions of this Article. If the jury finds that the defendant is not an habitual felon, the trial judge shall pronounce judgment on the principal felony or felonies as provided by law.
(b)	Habitual Misdemeanants. – When an indictment charges an habitual misdemeanant with a misdemeanor and an indictment also charges that the person is an habitual misdemeanant, the defendant shall be tried for the principal misdemeanor in superior court as provided by law.  The indictment that the person is an habitual misdemeanant shall not be revealed to the jury unless the jury finds that the defendant is guilty of the principal misdemeanor or another misdemeanor with which the defendant is charged.  If the jury finds the defendant guilty of a misdemeanor, the bill of indictment charging the defendant as an habitual misdemeanant may be presented to the same jury.  Except that the same jury may be used, the proceedings shall be as if the issue of habitual misdemeanant were a principal charge.  If the jury finds that the defendant is an habitual misdemeanant, the trial judge shall enter judgment as provided in this Article.  If the jury finds that the defendant is not an habitual misdemeanant, the trial judge shall pronounce judgment on the principal misdemeanor as provided by law.
"§ 14-7.6.  (Effective January 1, 1995) Sentencing of habitual criminals.
(a)	Habitual Felons. – When an habitual felon commits any felony classified as a Class E, F, G, H, or I felony under the laws of the State of North Carolina, the felon must, upon conviction or plea of guilty under indictment be punished as a Class D felon.  
(b)	Habitual Misdemeanants. – When an habitual misdemeanant commits a misdemeanor as defined by G.S. 14-7.1 under the laws of this State, the defendant shall, upon conviction or plea of guilty under indictment, be punished as a Class I felon.
(c)	Prior Record Level; Consecutive Sentences. – In determining the prior record level, convictions used to establish a person's status as an habitual felon or an habitual misdemeanant shall not be used.  Sentences imposed under this Article shall run consecutively with and shall begin at the expiration of any sentence being served by the person sentenced."
Sec. 2.  This act becomes effective January 1, 1995, and applies to offenses committed on or after that date.