GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 9*

Short Title:  Increase Firearm Penalty.	(Public)
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Sponsors: Representatives G. Miller; Alphin, Arnold, Barbee, Berry, Black, Bowie, Bowman, Brawley, Brubaker, Burton, Church, Cole, Colton, Crawford, Cromer, Culp, Cummings, Cunningham, Decker, Diamont, Dickson, Easterling, Gardner, Gottovi, Griffin, Hall, Hayes, Hightower, Hill, Holt, Hunt, H. Hunter, R. Hunter, Ives, Jarrell, Jeffus, Jenkins, Joye, Kuczmarski, Lemmond, Mavretic, McCombs, McCrary, McLaughlin, McLawhorn, Mitchell, Moore, Mosley, Nichols, C. Preston, J. Preston, Ramsey, Redwine, Robinson, Russell, Sexton, Spears, Stewart, Sutton, Wainwright, Warner, Wilmoth, Wood, Wright, and Yongue.
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Referred to:  Judiciary III.
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February 8, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT AN ENHANCED SENTENCE SHALL BE IMPOSED ON A PERSON CONVICTED OF A FELONY IF THE PERSON WAS ARMED WITH OR USED A FIREARM DURING THE COMMISSION OF THE FELONY.
The General Assembly of North Carolina enacts:
Section 1. G.S. 14-2.2 reads as rewritten:
"§ 14-2.2.  
Sentencing of a person convicted of a felony who was armed with or who used a firearm during the commission of the crime.
(a)	If a person is convicted of a felony, except a felony in which the possession or use of a firearm is an essential element, and the person was armed with or used a firearm during the commission of the felony, the person shall, in addition to the punishment for the underlying felony, be sentenced to imprisonment for five years.  The court shall not sentence a person sentenced under this section as a committed youthful offender.  The court shall not suspend any sentence imposed under this section and shall not place a person sentenced under this section on probation for the sentence imposed under this section.  Sentences imposed pursuant to this section shall be consecutive to all other sentences imposed and shall begin at the expiration of any other sentence being served by the person.
(b)	When a person is found to have personally used a firearm in the commission or attempted commission of a felony and the firearm is owned by that person, or the serial number on the firearm has been defaced such that ownership is not traceable, the court shall order that the firearm be deemed a nuisance and be destroyed by the law enforcement agency having custody of it."
Sec. 2.  (a) G.S. 14-2.2(a), as amended by Section 1 of this act, reads as rewritten:
"(a)	If a person is convicted of a felony, except a felony in which the possession or use of a firearm is an essential element, and the person was armed with or used a firearm during the commission of the felony, the person shall, in addition to the punishment for the underlying felony, be sentenced to a minimum term of imprisonment for 60 months as provided by G.S. 15A-1340.16A.  The court shall not suspend any sentence imposed under this section and shall not place a person sentenced under this section on probation for the sentence imposed under this section.  Sentences imposed pursuant to this section shall be consecutive to all other sentences imposed and shall begin at the expiration of any other sentence being served by the person."
(b)	Section 4 of Chapter 538 of the 1993 Session Laws is repealed.
Sec. 3.  Part 2 of Article 81B of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-1340.16A.  Enhanced sentence if defendant was armed with or used a firearm.
If a person is convicted of a felony, for which possession or use of a firearm is not an essential element of proof, and the court finds that the person was armed with or used a firearm at the time of the felony, the court shall increase the minimum term of imprisonment to which the person is sentenced by 60 months.  The court shall not suspend the 60-month minimum term of imprisonment imposed as an enhanced sentence under this section and shall not place any person sentenced under this section on probation for the enhanced sentence."
Sec. 4.  Effective January 1, 1995, G.S. 15A-1340.16(d) reads as rewritten:
"(d)	Aggravating Factors. – The following are aggravating factors:
(1)	The defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance of other participants.
(2)	The defendant joined with more than one other person in committing the offense and was not charged with committing a conspiracy.
(3)	The offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(4)	The defendant was hired or paid to commit the offense.
(5)	The offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(6)	The offense was committed against a present or former: law enforcement officer, employee of the Department of Correction, jailer, fireman, emergency medical technician, ambulance attendant, justice or judge, clerk or assistant or deputy clerk of court, magistrate, prosecutor, juror, or witness against the defendant, while engaged in the performance of that person's official duties or because of the exercise of that person's official duties.
(7)	The offense was especially heinous, atrocious, or cruel.
(8)	The defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person.
(9)	The defendant held public office at the time of the offense and the offense related to the conduct of the office.
(10)	The defendant was armed with or used a deadly weapon other than a firearm at the time of the crime.
(11)	The victim was very young, or very old, or mentally or physically infirm, or handicapped.
(12)	The defendant committed the offense while on pretrial release on another charge.
(13)	The defendant involved a person under the age of 16 in the commission of the crime.
(14)	The offense involved an attempted or actual taking of property of great monetary value or damage causing great monetary loss, or the offense involved an unusually large quantity of contraband.
(15)	The defendant took advantage of a position of trust or confidence to commit the offense.
(16)	The offense involved the sale or delivery of a controlled substance to a minor.
(17)	The offense for which the defendant stands convicted was committed against a victim because of the victim's race, color, religion, nationality, or country of origin.
(18)	The defendant does not support the defendant's family.
(19)	The serious injury inflicted upon the victim is permanent and debilitating.
(20)	Any other aggravating factor reasonably related to the purposes of sentencing.
Evidence necessary to prove an element of the offense shall not be used to prove any factor in aggravation, and the same item of evidence shall not be used to prove more than one factor in aggravation.
The judge shall not consider as an aggravating factor the fact that the defendant exercised the right to a jury trial."
Sec. 5.  Sections 1, 2, and 3 of this act become effective January 1, 1995, and apply to offenses committed on or after that date.  The remainder of this act becomes effective May 1, 1994, and applies to offenses committed on or after that date.