GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 46

Short Title:  Amend Habitual Felon Law.	(Public)
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Sponsors: Senators Winner of Buncombe; and Gunter.
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Referred to:  Corrections/Punishment.
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February 10, 1994

A BILL TO BE ENTITLED
AN ACT TO AMEND THE HABITUAL FELON LAW BY REDEFINING HABITUAL FELON AND PROVIDING THAT THE COURT SHALL AUTOMATICALLY IMPOSE AN ENHANCED SENTENCE ON A DEFENDANT WHO IS AN HABITUAL FELON.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-7.1 is recodified as G.S. 15A-1340.13A; the remainder of Article 2A of Chapter 14 of the General Statutes is repealed.
Sec. 2.  G.S. 14-7.1, as recodified by Section 1 of this act, reads as rewritten: 
"§ 15A-1340.13A.  Habitual felons.
(a)	Definitions. – The following definitions apply in this section:
(1)	Felony. – An offense that is a felony under the laws of this State or is classified as a felony under G.S. 15A-1340.14(e).  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 section, felonies committed before a person attains the age of 18 years shall not constitute more than one felony.  Convictions of felonies before July 6, 1967, are not felonies for the purposes of this section.  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 Class E, F, G, H, or I felony and (ii) was convicted on at least three separate occasions, whether in this State or elsewhere, before that conviction, of felonies, no more than one of which was for an offense that under the law of this State would be considered a Class I or J felony.
	(b)	Sentencing of Habitual Felons. – Before sentencing a person who is convicted of a Class E, F, G, H, or I felony, the court shall determine whether the person is an habitual felon.  Proof of prior convictions shall be as provided by G.S. 15A-1340.14.  If the court finds that the person is an habitual felon, the court shall sentence the person as a Class D felon under G.S. 15A-1340.13.  However, in determining the prior record level of the person, the convictions used to establish the person's status as an habitual felon shall not be used.  A sentence imposed on an habitual felon pursuant to this section shall run consecutively with and shall begin at the expiration of any sentence being served by the habitual felon."
Sec. 3.  G.S. 15A-1340.13 is amended by adding a new subsection to read:
"( a1)	Habitual Felons. – Before sentencing a person who is convicted of a Class E, F, G, H, or I felony, the court shall determine whether the person is an habitual felon to be sentenced as a Class D felon pursuant to G.S. 15A-1340.13A.  In determining the prior record level of an habitual felon being sentenced as a Class D felon, the convictions used to establish the habitual felon status shall not be used."
Sec. 4.  This act becomes effective January 1, 1995, and applies to offenses committed on or after that date.