GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	2 

SENATE BILL 46
Select Committee on Corrections/Punishment Committee Substitute Adopted 2/22/94

Short Title:  Amend Habitual Felon Law.	(Public)
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Sponsors:
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Referred to:  Rules and Operation of the Senate.
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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 MAY 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  G.S. 14-7.1 is recodified as G.S. 15A-1340.13A; the remainder of Article 2A of Chapter 14 of the General Statutes is repealed.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, other than Class J felonies.
	(b)	Sentencing of Habitual Felons. – Before sentencing a person who is convicted of a Class E, F, G, H, or I felony, the court may, upon the request of the district attorney or upon the court's own motion, determine whether the person is an habitual felon.  Proof of prior convictions to establish a person's habitual felon status 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.  This act becomes effective January 1, 1995, and applies to offenses committed on or after that date.