GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 166

Short Title:  Habitual Felon Act.	(Public)
─────────────────────────────────────── 
Sponsors: Senators Plyler, Conder, and Hoyle.
─────────────────────────────────────── 
Referred to:  Corrections/Punishment.
─────────────────────────────────────── 

February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO REVISE THE HABITUAL FELON LAW TO PROVIDE A MEANINGFUL SENTENCE FOR REPEAT FELONY OFFENDERS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-7.1 reads as rewritten:
"§ 14-7.1. Definitions.
The following definitions apply in this Article:
(1) 	Felony. – An offense that is a felony under the laws of the State or another sovereign in which a plea of guilty was entered or a conviction was returned, regardless of the sentence actually imposed.  The term does not include, however, federal offenses relating to the manufacture, possession, sale of, and kindred offenses involving intoxicating liquors.  For the purposes of this Article, felonies committed before a person attains the age of 18 years shall not constitute more than one felony.  Pleas of guilty to or convictions of felonies before July 6, 1967, are not felonies for the purposes of this Article.  A felony offense to which a pardon has been extended is not a felony for the purposes of this Article.  The burden of proving the pardon shall rest with the defendant; the State is not required to disprove a pardon.
(2) 	Habitual felon. – An offender who (i) is convicted in this State of a felony and (ii) was convicted on at least three separate occasions, whether in this State or elsewhere, before that conviction, of offenses that under the laws of this State would be considered felonies.
(3)	Violent felony. – A felony that has as an essential element of proof (i) assault, (ii) possession or use of a deadly weapon, or (iii) both.  The term includes, for example, any of the following felonies: homicide, rape, sexual offense, malicious castration or other maiming, kidnapping, assault, assault on a law enforcement officer, discharging of a firearm into an occupied dwelling or vehicle, robbery, arson or burning, and stalking.  The term also includes any attempt to commit, conspiracy to commit, aid and abetting, soliciting to commit, and accessory before or after the fact of any of these felonies."
Sec. 2.  G.S. 14-7.6 reads as rewritten:
"§ 14-7.6. Sentencing of habitual felons.
(a)	Notwithstanding any other provision of law, when an habitual felon as defined in this Article shall commit any felony under the laws of the State of North Carolina, he must, upon conviction or plea of guilty under indictment as herein provided (except where the death penalty or a sentence of life imprisonment is imposed) be sentenced as a Class C felon as provided in subsection (b) of this section.  The sentencing judge may not suspend a sentence imposed under this section and may not place the person sentenced on probation. 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.
(b)	Prior to sentencing a person indicted and convicted as an habitual felon under this Article, the court shall determine whether any of the prior convictions used to establish the person's status as an habitual felon are violent felonies and shall sentence the person as follows:
(1) 	If none of the prior convictions used to establish the person's status as an habitual felon are violent felonies, the person shall serve a term of not less than seven years in prison, excluding gain time granted under G.S. 148-13, shall receive a sentence of at least 14 years in the State's prison and shall be entitled to credit for good behavior under G.S. 15A-1340.7.
(2)	If one of the prior convictions used to establish the person's status as an habitual felon is a violent felony, the person shall serve a term of not less than 15 years in prison, excluding gain time granted under G.S. 148-13, shall receive a sentence of at least 30 years in the State's prison and shall be entitled to credit for good behavior under G.S. 15A-1340.7.
(3)	If two of the prior convictions used to establish the person's status as an habitual felon are  violent felonies, the person shall be sentenced to and shall serve a term of life imprisonment without parole."
Sec. 3. Effective January 1, 1995, G.S. 14-7.6, as rewritten by this act, reads as rewritten:
"§ 14-7.6. Sentencing of habitual felons.
(a)	Notwithstanding any other provision of law, when an habitual felon as defined in this Article shall commit any felony under the laws of the State of North Carolina, he must, upon conviction or plea of guilty under indictment as herein provided (except where the death penalty or a sentence of life imprisonment is imposed) be sentenced as a Class C felon as provided in subsection (b) of this section.  The sentencing judge may not suspend a sentence imposed under this section and may not place the person sentenced on probation. 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.
(b)	Prior to sentencing a person indicted and convicted as an habitual felon under this Article, the court shall determine whether any of the prior convictions used to establish the person's status as an habitual felon are violent felonies and shall sentence the person as follows:
(1) 	If none of the prior convictions used to establish the person's status as an habitual felon are violent felonies, the person shall serve a minimum term of imprisonment of 84 months.
(2)	If one of the prior convictions used to establish the person's status as an habitual felon is a violent felony, the person shall serve a minimum term of imprisonment of 180 months.
(3)	If two of the prior convictions used to establish the person's status as an habitual felon are  violent felonies, the person shall be sentenced to and shall serve a term of life imprisonment without parole."
Sec. 4.  Section 9 of Chapter 538 of the 1993 Session Laws is repealed.
Sec. 5.  Section 3 of this act becomes effective January 1, 1995; the remainder of this act becomes effective May 1, 1994, and applies to offenses committed on or after that date.  Prosecutions for, or sentences based on, offenses occurring before the effective date of this act are not abated or affected by the repeal or amendment by this act of any statute, and statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences.