GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	2 

HOUSE BILL 6*
Committee Substitute Favorable 2/21/94

Short Title:  Modify Habitual Felon Law.	(Public)
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February 8, 1994

A BILL TO BE ENTITLED
AN ACT TO REPEAL THE PROVISIONS IN THE STRUCTURED SENTENCING ACT THAT RESTRICTED THE DEFINITION OF HABITUAL FELON AND LOWERED THE PUNISHMENT FOR AN HABITUAL FELON FROM CLASS C TO CLASS D.
The General Assembly of North Carolina enacts:
Section 1.  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 death penalty or a sentence of life imprisonment is imposed) 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."
Sec. 2.  Section 9 of Chapter 538 of the 1993 Session Laws is repealed.
Sec. 3.  This act becomes effective on the same date that Chapter 538 of the 1993 Session Laws becomes effective, and applies to offenses committed on or after that date.  Prosecutions for, or sentences based on, offenses committed before the effective date of this act are not abated or affected by this act, 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.