GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	3 

SENATE BILL 46
Select Committee on Corrections/Punishment Committee Substitute Adopted 2/22/94
Appropriations Committee Substitute #2 Adopted 2/25/94

Short Title:  Amend Habitual Felon Law.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  Calendar 2/28/94.
─────────────────────────────────────── 

February 10, 1994

A BILL TO BE ENTITLED
AN ACT TO AMEND AND RECODIFY THE HABITUAL FELON LAW UNDER THE STRUCTURED SENTENCING ACT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-7.1 is recodified as G.S. 15A-1340.13A.
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.
(3)	Violent habitual felon. – An offender who (i) is convicted in this State of a Class B, C, or D 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, of which at least one was a Class A, B, C, or D felony.
	(b)	Sentencing of Habitual Felons. – Before sentencing a person who is convicted of a Class E, F, G, H, or I felony, the judge shall, upon an indictment so charging, 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.  The three most recent prior felony convictions, subject to subdivision (2) of subsection (a) of this section, shall be used to establish a person's habitual felon status. If the judge finds that the person is an habitual felon, the court shall sentence the person as a Class C felon under G.S. 15A-1340.13; the punishment shall be as provided in G.S. 15A-1340.17.  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, but all other prior convictions shall be used in determining the prior record as provided in G.S. 15A-1340.14.  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.
(c)	Sentencing of Violent Habitual Felons. – Before sentencing a person who is convicted of a Class B, C, or D felony, the judge shall, upon an indictment so charging, determine whether the person is a violent habitual felon.  Proof of prior convictions to establish a person's violent habitual felon status shall be as provided by G.S. 15A-1340.14.  The three most recent prior felony convictions, subject to subdivision (3) of subsection (a) of this section, shall be used to establish a person's violent habitual felon status. If the judge finds that the person is a violent habitual felon, the court shall sentence the person to a term of imprisonment pursuant to G.S. 15A-1340.17 for the underlying felony conviction plus an additional minimum term of imprisonment of twenty years for conviction as a violent habitual felon.  In determining the prior record level of the person, the convictions used to establish the person's status as a violent habitual felon shall not be used for sentencing for the underlying felony conviction, but all other prior convictions shall be used in determining the prior record as provided in G.S. 15A-1340.14.  A sentence imposed on a violent habitual felon pursuant to this section shall run consecutively with and shall begin at the expiration of any sentence being served or to be served by the habitual felon.
Sec. 3.  G.S. 14-7.3 is recodified as G.S. 15A-1340.13B, and, as recodified, reads as rewritten:
"§ 15A-1340.13B. Charge of habitual felon or violent habitual felon.
(a)	An indictment which charges a person who is an habitual felon within the meaning of G.S. 15A-1340.13A must, in order to sustain a conviction of habitual felon, also charge that said person is an habitual felon. An indictment which charges a person with being an habitual felon must set forth the date that prior felony offenses were committed, the name of the state or other sovereign against whom said felony offenses were committed, the dates that pleas of guilty were entered to or convictions returned in said felony offenses, and the identity of the court wherein said pleas or convictions took place. No defendant charged with being an habitual felon in a bill of indictment shall be required to go to trial on said charge within 20 days of the finding of a true bill by the grand jury; provided, the defendant may waive this 20-day period.
(b)	An indictment which charges a person who is a violent habitual felon within the meaning of G.S. 15A-1340.13A must, in order to sustain a conviction of violent habitual felon, also charge that said person is a violent habitual felon.  An indictment which charges a person with being a violent habitual felon must set forth the date that prior felony offenses were committed, the name of the state or other sovereign against whom said felony offenses were committed, the dates that pleas of guilty were entered to or convictions returned in said felony offenses, and the identity of the court wherein said pleas or convictions took place. No defendant charged with being a violent habitual felon in a bill of indictment shall be required to go to trial on said charge within 20 days of the finding of a true bill by the grand jury; provided, the defendant may waive this 20-day period."
Sec. 4.  The remainder of Article 2A of Chapter 14 of the General Statutes that is not recodified by this act is repealed.
Sec. 5.  This act becomes effective January 1, 1995, and applies to offenses committed on or after that date.