GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 1030*

Short Title:  Amend Structured Sentencing.	(Public)

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Sponsors: Senators Page, McDaniel, Shaw, Foxx, Carrington, Forrester, Clark, Ballantine, Ledbetter, McKoy, Horton, East, Davis, and Sawyer.

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Referred to:  Judiciary I/Constitution

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May 4, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE STRUCTURED SENTENCING ACT TO INCREASE THE PENALTIES FOR MOST FELONIES AND MISDEMEANORS, AMEND THE FELONY PRIOR RECORD LEVEL SCHEDULE, CHANGE THE TYPES OF ALTERNATIVE PENALTIES AVAILABLE AS INTERMEDIATE PUNISHMENTS, AMEND THE LIST OF AGGRAVATING MITIGATING FACTORS, AMEND THE CONDITIONS THAT MAY BE IMPOSED FOR POST-RELEASE SUPERVISION AND PROBATION, AND REPEAL PROBATION CASELOAD GOALS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-1340.17(c) reads as rewritten:
"(c)	Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. – The authorized punishment for each class of offense and prior record level is as specified in the chart below.  Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart.  Classes of offense are indicated by the letters placed vertically on the left side of the chart.  Each cell on the chart contains the following components:
(1)	A sentence disposition or dispositions: 'C' indicates that a community punishment is authorized; 'I' indicates that an intermediate punishment is authorized; 'A' indicates that an active punishment is authorized; and 'Life Imprisonment Without Parole' indicates that the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(2)	A presumptive range of minimum durations, if the sentence of imprisonment is neither aggravated or mitigated; any minimum term of imprisonment in that range is permitted unless the court finds pursuant to G.S. 15A-1340.16 that an aggravated or mitigated sentence is appropriate.  The presumptive range is the middle of the three ranges in the cell.
(3)	A mitigated range of minimum durations if the court finds pursuant to G.S. 15A-1340.16 that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the mitigated range is permitted.  The mitigated range is the lower of the three ranges in the cell.
(4)	An aggravated range of minimum durations if the court finds pursuant to G.S. 15A-1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the aggravated range is permitted.  The aggravated range is the higher of the three ranges in the cell.

PRIOR RECORD LEVEL

I	II	III	IV	V	VI
0 Pts	1-4 Pts	5-8 Pts	 9-14 Pts	15-18 Pts	19+ Pts

A	Life Imprisonment or Death as Established by Statute

A	A	A	A	A	A	DISPOSITION
240-300	288-360				Aggravated
							PRESUMPTIVE
						Mitigated
B1	208-240	230-288	PRESUMPTIVE
181-208	198-230	Life Imprisonment Without Parole	Mitigated

A	A	A	A	A	A	DISPOSITION
																			235-269	263-304	Aggravated
B2	208-235	230-263	PRESUMPTIVE
181-208	108-230	Life Imprisonment Without Parole	Mitigated

A	A	A	A	A	A	DISPOSITION
																			88-104	111-133	125-150	165-194	180-212	195-231	Aggravated
C	 75-88	 94-111	105-125	142-165	154-180	166-195	PRESUMPTIVE
63-75	 77-94	 85-105	119-142	128-154	137-166	Mitigated

A	A	A	A	A	A	DISPOSITION
																			75-89	 86-102	109-131	121-146	135-164	146-178	Aggravated
D	 64-75	 73-86	 91-109	101-121	112-135	121-146	PRESUMPTIVE
53-64	 60-73	 73-91	 81-101	 89-102	 96-121	Mitigated

I/A	A	A	A	A	A	DISPOSITION
																			45-51	 49-56	54-62	66-78	73-86	79-94	Aggravated
E	 40-45	 43-49	47-54	57-66	62-73	67-79	PRESUMPTIVE
35-40	 37-43	40-47	48-57	52-62	55-67	Mitigated

I/A	I/A	A	A	A	A	DISPOSITION
																			26-30	29-34	31-36	35-41	44-52	49-59	Aggravated
F	23-26	25-29	27-31	30-35	37-44	41-49	PRESUMPTIVE
20-23	21-25	23-27	25-30	30-37	33-41	Mitigated

I/A	I/A	A	A	A	A	DISPOSITION
																			23-26	25-29	26-30	30-35	31-36	44-51	Aggravated
G	20-23	22-25	23-26	26-30	27-31	38-44	PRESUMPTIVE
18-20	19-22	20-23	22-26	23-27	32-38	Mitigated

C/I/A	I/A	I/A	A	A	A	DISPOSITION
																			12-16	16-20	20-24	22-28	30-38	40-50	Aggravated
H	10-12	12-16	16-20	18-22	24-30	32-40	PRESUMPTIVE
8-10	 8-12	12-16	14-18	18-24	24-32	Mitigated

C/I/A	C/I/A	I/A	I/A	A	A	DISPOSITION
																			
	12-16	12-16	12-16	16-20	18-22	20-24	Aggravated
I	 8-12	 8-12	10-12	12-16	14-18	16-20	PRESUMPTIVE
6-8	 6-8	 8-10	 8-12	10-14	12-16	Mitigated".

Sec. 2.  G.S. 15A-1340.14 reads as rewritten:
"§ 15A-1340.14.  Prior record level for felony sentencing.
(a)	Generally. – The prior record level of a felony offender is determined by calculating the sum of the points assigned to each of the offender's prior convictions that the court finds to have been proved in accordance with this section.
(b)	Points. – Points are assigned as follows:
(1)	For each prior felony Class A conviction, 10 points.
(1a)	For each prior felony Class B1 conviction, 9 points.
(2)	For each prior felony Class B2, C, or D conviction, 6 points.
(3)	For each prior felony Class E, F, or G conviction, 4 points.
(4)	For each prior felony Class H or I conviction, 2 points.
(5)	For each prior Class 1 misdemeanor conviction, 1 point, except that convictions for Class 1 misdemeanor offenses under Chapter 20 of the General Statutes, other than conviction for misdemeanor death by vehicle (G.S. 20-141.4(a2)), shall not be assigned any points for purposes of determining a person's prior record for felony sentencing.
(6)	If all the elements of the present offense are included in the prior offense, 1 point.
(7)	If the offense was committed while the offender was on probation or parole, or while the offender was serving a sentence of imprisonment, or while the offender was on escape from a correctional institution while serving a sentence of imprisonment, 3 points.
For purposes of determining prior record points under this subsection, a conviction for a first degree rape or a first degree sexual offense committed prior to the effective date of this subsection shall be treated as a felony Class B1 conviction, and a conviction for any other felony Class B offense committed prior to the effective date of this subsection shall be treated as a felony Class B2 conviction.
(c)	Prior Record Levels for Felony Sentencing. – The prior record levels for felony sentencing are:
(1)	Level I – 0 points.
(2)	Level II – At least 1, but not more than 4 points.
(3)	Level III – At least 5, but not more than 8 points.
(4)	Level IV – At least 9, but not more than 14 points.
(5)	Level V – At least 15, but not more than 18 points.
(6)	Level VI – At least 19 points.
In determining the prior record level, the classification of a prior offense is the classification assigned to that offense at the time the offense for which the offender is being sentenced is committed.
(d)	Multiple Prior Convictions Obtained in One Court Week. – For purposes of determining the prior record level, if an offender is convicted of more than one offense in a single superior court during one calendar week, each conviction is used. If an offender is convicted of more than one offense in a single session of district court, each conviction is used.
(e)	Classification of Prior Convictions From Other Jurisdictions. – Except as otherwise provided in this subsection, a conviction occurring in a jurisdiction other than North Carolina is classified as a Class I felony if the jurisdiction in which the offense occurred classifies the offense as a felony, or is classified as a Class 3 misdemeanor if the jurisdiction in which the offense occurred classifies the offense as a misdemeanor. If the offender proves by the preponderance of the evidence that an offense classified as a felony in the other jurisdiction is substantially similar to an offense that is a misdemeanor in North Carolina, the conviction is treated as that class of misdemeanor for assigning prior record level points. If the State proves by the preponderance of the evidence that an offense classified as either a misdemeanor or a felony in the other jurisdiction is substantially similar to an offense in North Carolina that is classified as a Class I felony or higher, the conviction is treated as that class of felony for assigning prior record level points. If the State proves by the preponderance of the evidence that an offense classified as a misdemeanor in the other jurisdiction is substantially similar to an offense classified as a Class 1 misdemeanor in North Carolina, the conviction is treated as a Class 1 misdemeanor for assigning prior record level points.
(f)	Proof of Prior Convictions. – A prior conviction shall be proved by any of the following methods:
(1)	Stipulation of the parties.
(2)	An original or copy of the court record of the prior conviction.
(3)	A copy of records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts.
(4)	Any other method found by the court to be reliable.
The State bears the burden of proving, by a preponderance of the evidence, that a prior conviction exists and that the offender before the court is the same person as the offender named in the prior conviction. The original or a copy of the court records or a copy of the records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts, bearing the same name as that by which the offender is charged, is prima facie evidence that the offender named is the same person as the offender before the court, and that the facts set out in the record are true. For purposes of this subsection, 'a copy' includes a paper writing containing a reproduction of a record maintained electronically on a computer or other data processing equipment, and a document produced by a facsimile machine. The prosecutor shall make all feasible efforts to obtain and present to the court the offender's full record. Evidence presented by either party at trial may be utilized to prove prior convictions. Suppression of prior convictions is pursuant to G.S. 15A-980. If a motion is made pursuant to that section during the sentencing stage of the criminal action, the court may grant a continuance of the sentencing hearing. If asked by the defendant in compliance with G.S. 15A-903, the prosecutor shall furnish the defendant's prior criminal record to the defendant within a reasonable time sufficient to allow the defendant to determine if the record available to the prosecutor is accurate."
Sec. 3.  G.S. 15A-1340.11 reads as rewritten:
"§ 15A-1340.11.  Definitions.
The following definitions apply in this Article:
(1)	Active punishment. – A sentence in a criminal case that requires an offender to serve a sentence of imprisonment and is not suspended.  Special probation, as defined in G.S. 15A-1351, is not an active punishment.
(2)	Community punishment. – A sentence in a criminal case that does not include an active punishment or an intermediate punishment.
(3)	Day-reporting center. – A facility to which offenders are required, as a condition of probation, to report on a daily or other regular basis at specified times for a specified length of time to participate in activities such as counseling, treatment, social skills training, or employment training.
(4)	Electronic monitoring. – A condition of probation in which the offender is required to remain in one or more specified places for a specified period or periods each day, and in which the offender shall wear a device which permits the supervising agency to monitor the offender's compliance with the condition electronically.
(5)	Intensive probation. – Probation that requires the offender to submit to supervision by officers assigned to the Intensive Probation Program established pursuant to G.S. 143B-262(c), and to comply with the rules adopted for that Program.
(6)	Intermediate punishment. – A sentence in a criminal case that places an offender on supervised probation and includes at least one of the following conditions:
a.	Special probation as defined in G.S. 15A-1351(a).
b.	Assignment to a residential program.
				(7)	Prior conviction. – A person has a prior conviction when, on the date a criminal judgment is entered, the person being sentenced has been previously convicted of a crime:
a.	In the district court, and the person has not given notice of appeal and the time for appeal has expired; or
b.	In the superior court, regardless of whether the conviction is on appeal to the appellate division; or
c.	In the courts of the United States, another state, the armed services of the United States, or another country, regardless of whether the offense would be a crime if it occurred in North Carolina,
	regardless of whether the crime was committed before or after the effective date of this Article.
(8)	Residential program. – A program in which the offender, as a condition of probation, is required to reside in a facility for a specified period and to participate in activities such as counseling, treatment, social skills training, or employment training, conducted at the residential facility or at other specified locations."
Sec. 4.  G.S. 15A-1368.1 reads as rewritten:
"§ 15A-1368.1.  Applicability of Article 84A.
This Article applies to all felons in Class B1 through Class E sentenced to an active punishment under Article 81B of this Chapter, but does not apply to felons in Class B1 or in Class B2 sentenced to life imprisonment without parole.  Prisoners subject to Articles 85 and 85A of this Chapter are excluded from this Article's coverage."
Sec. 5.  G.S. 15A-1340.16 reads as rewritten:
"§ 15A-1340.16.  Aggravated and mitigated sentences.
(a)	Generally, Burden of Proof. – The court shall consider evidence of aggravating or mitigating factors present in the offense that make an aggravated or mitigated sentence appropriate, but the decision to depart from the presumptive range is in the discretion of the court.  The State bears the burden of proving by a preponderance of the evidence that an aggravating factor exists, and the offender bears the burden of proving by a preponderance of the evidence that a mitigating factor exists.
(b)	When Aggravated or Mitigated Sentence Allowed. – If the court finds that aggravating or mitigating factors exist, it may depart from the presumptive range of sentences specified in G.S. 15A-1340.17(c)(2).  If the court finds that aggravating factors are present and are sufficient to outweigh any mitigating factors that are present, it may impose a sentence that is permitted by the aggravated range described in G.S. 15A-1340.17(c)(4).  If the court finds that mitigating factors are present and are sufficient to outweigh any aggravating factors that are present, it may impose a sentence that is permitted by the mitigated range described in G.S. 15A-1340.17(c)(3).
(c)	Written Findings; When Required. – The court shall make findings of the aggravating and mitigating factors present in the offense only if, in its discretion, it departs from the presumptive range of sentences specified in G.S. 15A-1340.17(c)(2).  Findings shall be in writing.  The requirement to make findings in order to depart from the presumptive range applies regardless of whether the sentence of imprisonment is activated or suspended.
(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 person who is presently or was formerly one of the following in this State, in another state, or at the federal level: 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 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.
(18a)	The defendant has previously been adjudicated delinquent for an offense that would be a Class A, B, C, D, or E felony if committed by an adult.
(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.  Evidence necessary to establish that an enhanced sentence is required under G.S. 14-2.2 may not be used to prove any factor in aggravation.
The judge shall not consider as an aggravating factor the fact that the defendant exercised the right to a jury trial.
(e)	Mitigating Factors. – The following are mitigating factors:
(1)	The defendant committed the offense under duress, coercion, threat, or compulsion that was insufficient to constitute a defense but significantly reduced the defendant's culpability.
(2)	The defendant was a passive participant or played a minor role in the commission of the offense.
(3)	The defendant was suffering from a mental or physical condition that was insufficient to constitute a defense but significantly reduced the defendant's culpability for the offense.
	(5)	The defendant has made full restitution to the victim.
	(7)	The defendant aided in the apprehension of another felon or testified truthfully on behalf of the prosecution in another prosecution of a felony.  However, this factor may be considered only upon motion by the prosecuting attorney.
(8)	The defendant acted under strong provocation.
(9)	The defendant could not reasonably foresee that the defendant's conduct would cause or threaten serious bodily harm or fear, or the defendant exercised caution to avoid such consequences.
(10)	The defendant reasonably believed that the defendant's conduct was legal.
(11)	Prior to arrest, the defendant voluntarily acknowledged wrongdoing in connection with the offense to a law enforcement officer.
(12)	The defendant has been a person of good character or has had a good reputation in the community in which the defendant lives.
(13)	The defendant is a minor and has reliable supervision available.
(14)	The defendant has been honorably discharged from the United States armed services.
	(16)	The defendant has entered and is currently involved in or has successfully completed a drug treatment program or an alcohol treatment program subsequent to arrest and prior to trial and the offense was solely a violation of a law relating to drug or alcohol use.
				(21)	Any other mitigating factor reasonably related to the purposes of sentences."
Sec. 6.  G.S. 90-95(h) reads as rewritten:
"(h)	Notwithstanding any other provision of law, the following provisions apply except as otherwise provided in this Article.
(1)	Any person who sells, manufactures, delivers, transports, or possesses in excess of 50 pounds (avoirdupois) of marijuana shall be guilty of a felony which felony shall be known as 'trafficking in marijuana' and if the quantity of such substance involved:
a.	Is in excess of 50 pounds, but less than 100 pounds, such person shall be punished as a Class H felon and shall be sentenced to a minimum term of 35 months and a maximum term of 60 months in the State's prison and shall be fined not less than five thousand dollars ($5,000);
b.	Is 100 pounds or more, but less than 2,000 pounds, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 45 months and a maximum term of 70 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
c.	Is 2,000 pounds or more, but less than 10,000 pounds, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
d.	Is 10,000 pounds or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 250 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(2)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of methaqualone, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in methaqualone' and if the quantity of such substance or mixture involved:
a.	Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 45 months and a maximum term of 70 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 10,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 250 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or any coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, and any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocainized coca leaves or any extraction of coca leaves which does not contain cocaine) or any mixture containing such substances, shall be guilty of a felony, which felony shall be known as 'trafficking in cocaine' and if the quantity of such substance or mixture involved:
a.	Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 45 months and a maximum term of 70 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 400 grams or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 250 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(3a)	Any person who sells, manufactures, delivers, transports, or possesses 1,000 tablets, capsules or other dosage units, or the equivalent quantity, or more of amphetamine, its salts, optical isomers, and salts of its optical isomers or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in amphetamine' and if the quantity of such substance or mixture involved:
a.	Is 1,000 or more dosage units, or equivalent quantity, but less than 5,000 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 45 months and a maximum term of 70 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 5,000 or more dosage units, or equivalent quantity, but less than 10,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 10,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 250 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(3b)	Any person who sells, manufactures, delivers, transports, or possesses 28 grams or more of methamphetamine shall be guilty of a felony which felony shall be known as 'trafficking in methamphetamine' and if the quantity of such substance or mixture involved:
a.	Is 28 grams or more, but less than 200 grams, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 45 months and a maximum term of 70 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 200 grams or more, but less than 400 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 400 grams or more, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 250 months in the State's prison and shall be fined at least two hundred fifty thousand dollars ($250,000).
(4)	Any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium or opiate, or any salt, compound, derivative, or preparation of opium or opiate (except apomorphine, nalbuphine, analoxone and naltrexone and their respective salts), including heroin, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as 'trafficking in opium or heroin' and if the quantity of such controlled substance or mixture involved:
a.	Is four grams or more, but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
b.	Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 125 months in the State's prison and shall be fined not less than one hundred thousand dollars ($100,000);
c.	Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 250 months and a maximum term of 400 months in the State's prison and shall be fined not less than five hundred thousand dollars ($500,000).
	(4a)	Any person who sells, manufactures, delivers, transports, or possesses 100 tablets, capsules, or other dosage units, or the equivalent quantity, or more, of Lysergic Acid Diethylamide, or any mixture containing such substance, shall be guilty of a felony, which felony shall be known as 'trafficking in Lysergic Acid Diethylamide'.  If the quantity of such substance or mixture involved:
a.	Is 100 or more dosage units, or equivalent quantity, but less than 500 dosage units, or equivalent quantity, such person shall be punished as a Class G felon and shall be sentenced to a minimum term of 45 months and a maximum term of 70 months in the State's prison and shall be fined not less than twenty-five thousand dollars ($25,000);
b.	Is 500 or more dosage units, or equivalent quantity, but less than 1,000 dosage units, or equivalent quantity, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 84 months in the State's prison and shall be fined not less than fifty thousand dollars ($50,000);
c.	Is 1,000 or more dosage units, or equivalent quantity, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of 175 months and a maximum term of 250 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000).
(5)	Except as provided in this subdivision, a person being sentenced under this subsection may not receive a suspended sentence or be placed on probation.  The sentencing judge may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and place a person on probation when such person has, to the best of his knowledge, provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators, or principals if the prosecuting attorney makes a motion to that effect and the sentencing judge enters in the record a finding that the person to be sentenced has rendered such substantial assistance.  
(6)	Sentences imposed pursuant to this subsection shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder."
Sec. 7.  G.S. 15A-1368.4(e) reads as rewritten:
"(e)	Controlling Conditions. – Appropriate controlling conditions, violation of which may result in revocation of post-release supervision, are:
(1)	Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for the supervisee by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors, or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used.
(2)	Comply with a court order to pay the costs of reintegrative treatment for a minor and a minor's parents or custodians where the offense involved evidence of physical, mental, or sexual abuse of a minor.
(3)	Comply with a court order to pay court costs and costs for appointed counsel or public defender in the case for which the supervisee was convicted.
(4)	Not possess a firearm, destructive device, or other dangerous weapon unless granted written permission by the Commission or a post-release supervision officer.
(5)	Report to a post-release supervision officer at any time and in any manner, as directed by the Commission or a post-release supervision officer.
(6)	Permit a post-release supervision officer to visit at all times at the supervisee's home or elsewhere.
(7)	Remain within the geographic limits fixed by the Commission unless granted written permission to leave by the Commission or the post-release supervision officer.
(8)	Answer all inquiries by the post-release supervision officer and obtain prior approval from the post-release supervision officer for any change in address or employment.
(9)	Promptly notify the post-release supervision officer of any change in address or employment.
(10)	Submit at all times to searches of the supervisee's person by a post-release supervision officer for purposes related to the post-release supervision.  Whenever the search consists of testing for the presence of illegal drugs, the supervisee may also be required to reimburse the Department of Correction for the actual cost of drug testing and drug screening, if the results are positive.
(11)	Make restitution or reparation to an aggrieved party as provided in G.S. 148-57.1.
(12)	Comply with an order from a court of competent jurisdiction regarding the payment of an obligation of the supervisee in connection with any judgment rendered by the court."
Sec. 8.  G.S. 15A-1340.23(c) reads as rewritten:
"(c)	Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. – Unless otherwise provided for a specific offense, the authorized punishment for each class of offense and prior conviction level is as specified in the chart below.  Prior conviction levels are indicated by the Roman numerals placed horizontally on the top of the chart.  Classes of offenses are indicated by the Arabic numbers placed vertically on the left side of the chart.  Each grid on the chart contains the following components:
(1)	A sentence disposition or dispositions: 'C' indicates that a community punishment is authorized; 'I' indicates that an intermediate punishment is authorized; and 'A' indicates that an active punishment is authorized; and
(2)	A range of durations for the sentence of imprisonment: any sentence within the duration specified is permitted.

PRIOR CONVICTION LEVELS
MISDEMEANOR
  OFFENSE	LEVEL I	LEVEL II	LEVEL III

  CLASS	No Prior	One to Four Prior	Five or More
	Convictions	Convictions	Prior Convictions

1			
1-6 months C/I/A	1-12 months C/I/A	6-12 months I/A
2 			
1 day-6 months C/I/A	1-6 months C/I/A 1-12 months I/A
3			
1-30 days C/I/A	1-6 months C/I/A	1-12 months I/A.
	"
Sec. 9.  G.S. 15A-1343.2 reads as rewritten:
"§ 15A-1343.2.  Special probation rules for persons sentenced under Article 81B.
(a)	Applicability. – This section applies only to persons sentenced under Article 81B of this Chapter.
(b)	Purposes of Probation for Community and Intermediate Punishments. – The Department of Correction shall develop a plan to handle offenders sentenced to community and intermediate punishments.  The probation program designed to handle these offenders shall have the following principal purposes: to hold offenders accountable for making restitution, to ensure compliance with the court's judgment, to effectively rehabilitate offenders by directing them to specialized treatment or education programs, and to protect the public safety.
		(d)	Lengths of Probation Terms Under Structured Sentencing. – Unless the court makes specific findings that longer or shorter periods of probation are necessary, the length of the original period of probation for offenders sentenced under Article 81B shall be as follows:
(1)	For misdemeanants sentenced to community punishment, not less than six nor more than 24 months;
(2)	For misdemeanants sentenced to intermediate punishment, not less than 12 nor more than 36  months;
(3)	For felons sentenced to community punishment, not less than 12 months; and
(4)	For felons sentenced to intermediate punishment, not less than 18 months.
If the court finds at the time of sentencing that a longer period of probation is necessary, that period may not exceed a maximum of five years, as specified in G.S. 15A-1342 and G.S. 15A-1351.
Extension. – The court may with the consent of the offender extend the original period of the probation if necessary to complete a program of restitution or to complete medical or psychiatric treatment ordered as a condition of probation. This extension may be for no more than three years, and may only be ordered in the last six months of the original period of probation.
(e)	Delegation to Probation Officer in Community Punishment. – The court may delegate to the Division of Adult Probation and Parole in the Department of Correction the authority to require an offender sentenced to community punishment to:
(1)	Perform up to 20 hours of community service, and pay the fee prescribed by law for this supervision;
(2)	Report to the offender's probation officer on a frequency to be determined by the officer; 
(3)	Submit to substance abuse monitoring or treatment; or
(4)	Submit to electronic monitoring.
If the Division imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.
If the probation officer exercises authority delegated by the court pursuant to this subsection, the offender may file a motion with the court to review the action taken by the probation officer. The offender shall be given notice of the right to seek such a court review. The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation imposed by the court.
(f)	Delegation to Probation Officer in Intermediate Punishments. – The court may delegate to the Division of Adult Probation and Parole in the Department of Correction the authority to require an offender sentenced to intermediate punishment to:
(1)	Perform up to 50 hours of community service, and pay the fee prescribed by law for this supervision;
	(3)	Submit to substance abuse monitoring or treatment; or
(4)	Participate in an educational or vocational skills development program.
If the Division imposes any of the above requirements, then it may subsequently reduce or remove those same requirements.
If the probation officer exercises authority delegated to him or her by the court pursuant to this subsection, the offender may file a motion with the court to review the action taken by the probation officer. The offender shall be given notice of the right to seek such a court review. The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation imposed by the court.
(g)	Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 19, s. 3.
(h)	Definitions. – For purposes of this section, the definitions in G.S. 15A-1340.11 apply."
Sec. 10.  G.S. 15A-1340.22(a) reads as rewritten:
"(a)	Limits on Consecutive Sentences. –Consecutive sentences shall not be imposed if all convictions are for Class 3 misdemeanors."
Sec. 11.  G.S. 14-12 reads as rewritten:
"§ 14-12.  Punishment for violations.
Any person or persons violating any of the provisions of this Article shall, for the first offense, be guilty of a Class 1 misdemeanor and be punished accordingly, and for the second offense shall be punished as a Class G felon."
Sec. 12.  G.S. 14-18 reads as rewritten:
"§ 14-18.  Punishment for manslaughter.
Voluntary manslaughter shall be punishable as a Class C felony, and involuntary manslaughter shall be punishable as a Class C felony."
Sec. 13.  G.S. 14-27.7 reads as rewritten:
"§ 14-27.7.  Intercourse and sexual offenses with certain victims; consent no defense.
If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, or if a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class D felony.  Consent is not a defense to a charge under this section."
Sec. 14.  G.S. 14-44 reads as rewritten:
"§ 14-44.  Using drugs or instruments to destroy unborn child.
If any person shall willfully administer to any woman, either pregnant or quick with child, or prescribe for any such woman, or advise or procure any such woman to take any medicine, drug or other substance whatever, or shall use or employ any instrument or other means with intent thereby to destroy such child, he shall be punished as a Class F felon."
Sec. 15.  G.S. 14-45 reads as rewritten:
"§ 14-45. Using drugs or instruments to produce miscarriage or injure pregnant woman.
If any person shall administer to any pregnant woman, or prescribe for any such woman, or advise and procure such woman to take any medicine, drug or anything whatsoever, with intent thereby to procure the miscarriage of such woman, or to injure or destroy such woman, or shall use any instrument or application for any of the above purposes, he shall be punished as a Class G felon."
Sec. 16.  G.S. 14-49.1 reads as rewritten:
"§ 14-49.1.  Malicious damage of occupied property by use of explosive or incendiary; punishment.
Any person who willfully and maliciously damages any real or personal property of any kind or nature, being at the time occupied by another, by the use of any explosive or incendiary device or material is guilty of a felony punishable as a Class C felony."
Sec. 17.  G.S. 14-52 reads as rewritten:
"§ 14-52.  Punishment for burglary.
Burglary in the first degree shall be punishable as a Class D felony, and burglary in the second degree shall be punishable as a Class F felony."
Sec. 18.  G.S. 14-58 reads as rewritten:
"§ 14-58.  Punishment for arson.
There shall be two degrees of arson as defined at the common law.  If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class C felony.  If the dwelling burned was unoccupied at the time of the burning, the offense is arson in the second degree and is punishable as a Class F felony."
Sec. 19.  G.S. 14-69.2(b) reads as rewritten:
"(b)	A violation of subsection (a) of this section that occurs in a hospital facility as defined in G.S. 131E-6 is, upon a first conviction, a Class 1 misdemeanor punishable by a minimum of 100 hours of mandatory community service.  A second or subsequent conviction under subsection (a) of this section is a Class H felony."
Sec. 20.  G.S. 14-79 is repealed.
Sec. 21.  G.S. 14-87(a) reads as rewritten:
"(a)	Any person or persons who, having in possession or with the use or threatened use of any firearms or other dangerous weapon, implement or means, whereby the life of a person is endangered or threatened, unlawfully takes or attempts to take personal property from another or from any place of business, residence or banking institution or any other place where there is a person or persons in attendance, at any time, either day or night, or who aids or abets any such person or persons in the commission of such crime, shall be guilty of a Class C felony."
Sec. 22.  G.S. 14-90 reads as rewritten:
"§ 14-90.  Embezzlement of property received by virtue of office or employment.
If any person exercising a public trust or holding a public office, or any guardian, administrator, executor, trustee, or any receiver, or any other fiduciary, or any officer or agent of a corporation, or any agent, consignee, clerk, bailee or servant, except persons under the age of 16 years, of any person, shall embezzle or fraudulently or knowingly and willfully misapply or convert to his own use, or shall take, make away with or secrete, with intent to embezzle or fraudulently or knowingly and willfully misapply or convert to his own use any money, goods or other chattels, bank note, check or order for the payment of money issued by or drawn on any bank or other corporation, or any treasury warrant, treasury note, bond or obligation for the payment of money issued by the United States or by any state, or any other valuable security whatsoever belonging to any other person or corporation, unincorporated association or organization which shall have come into his possession or under his care, he shall be punished as a Class G felon."
Sec. 23.  G.S. 14-136 reads as rewritten:
"§ 14-136.  Setting fire to grass and brushlands and woodlands.
If any person shall intentionally set fire to any grassland, brushland or woodland, except it be his own property, or in that case without first giving notice to all persons owning or in charge of lands adjoining the land intended to be fired, and without also taking care to watch such fire while burning and to extinguish it before it shall reach any lands near to or adjoining the lands so fired, he shall for every such offense be guilty of a Class 2 misdemeanor for the first offense, and for a second or any subsequent similar offense shall be guilty of a Class 1 misdemeanor.  If intent to damage the property of another shall be shown, said person shall be punished as a Class H felon.  This section shall not prevent an action for the damages sustained by the owner of any property from such fires.  For the purposes of this section, the term 'woodland' is to be taken to include all forest areas, both timber and cutover land, and all second-growth stands on areas that have at one time been cultivated.  Any person who shall furnish to the State, evidence sufficient for the conviction of a violation of this section shall receive the sum of five hundred dollars ($500.00) to be paid from the State Fire Suppression Fund."
Sec. 24.  G.S. 14-190.6 reads as rewritten:
"§ 14-190.6. Employing or permitting minor to assist in offense under Article.
Every person 18 years of age or older who intentionally, in any manner, hires, employs, uses or permits any minor under the age of 16 years to do or assist in doing any act or thing constituting an offense under this Article and involving any material, act or thing he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1, shall be guilty of a Class G felony."
Sec. 25.  G.S. 14-190.7 reads as rewritten:
"§ 14-190.7. Dissemination to minors under the age of 16 years.
Every person 18 years of age or older who knowingly disseminates to any minor under the age of 16 years any material which he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be guilty of a Class H felony."
Sec. 26.  G.S. 14-190.8 reads as rewritten:
"§ 14-190.8.  Dissemination to minors under the age of 13 years.
Every person 18 years of age or older who knowingly disseminates to any minor under the age of 13 years any material which he knows or reasonably should know to be obscene within the meaning of G.S. 14-190.1 shall be punished as a Class G felon."
Sec. 27.  G.S. 14-190.16(d) reads as rewritten:
"(d)	Punishment and Sentencing. – Violation of this section is a Class D felony."
Sec. 28. G.S. 14-190.17(d) reads as rewritten:
"(d)	Punishment and Sentencing. – Violation of this section is a Class E felony."
Sec. 29.  G.S. 14-190.17A(d) reads as rewritten:
"(d)	Punishment and Sentencing.  –  Violation of this section is a Class H felony."
Sec. 30.  G.S. 14-190.18(c) reads as rewritten:
"(c)	Punishment and Sentencing. – Violation of this section is a Class D felony."
Sec. 31.  G.S. 14-190.19(c) reads as rewritten:
"(c)	Punishment and Sentencing. – Violation of this section is a Class D felony."
Sec. 32.  G.S. 14-202.1(b) reads as rewritten:
"(b)	Taking indecent liberties with children is punishable as a Class D felony."
Sec. 33.  G.S. 14-210 reads as rewritten:
"§ 14-210.  Subornation of perjury.
If any person shall, by any means, procure another person to commit such willful and corrupt perjury as is mentioned in G.S. 14-209, the person so offending shall be punished as a Class H felon."
Sec. 34.  G.S. 14-217(a) reads as rewritten:
"(a)	If any person holding office under the laws of this State who, except in payment of his legal salary, fees or perquisites, shall receive, or consent to receive, directly or indirectly, anything of value or personal advantage, or the promise thereof, for performing or omitting to perform any official act, which lay within the scope of his official authority and was connected with the discharge of his official and legal duties, or with the express or implied understanding that his official action, or omission to act, is to be in any degree influenced thereby, he shall be punished as a Class D felon."
Sec. 35.  G.S. 14-218 reads as rewritten:
"§ 14-218.  Offering bribes.
If any person shall offer a bribe, whether it be accepted or not, he shall be punished as a Class E felon."
Sec. 36.  G.S. 14-221.2 reads as rewritten:
"§ 14-221.2. Altering court documents or entering unauthorized judgments.
Any person who without lawful authority intentionally enters a judgment upon or materially alters or changes any criminal or civil process, criminal or civil pleading, or other official case record is guilty of a Class G felony."
Sec. 37.  G.S. 14-228 reads as rewritten:
"§ 14-228.  Buying and selling offices.
If any person shall bargain away or sell an office or deputation of an office, or any part or parcel thereof, or shall take money, reward or other profit, directly or indirectly, or shall take any promise, covenant, bond or assurance for money, reward or other profit, for an office or the deputation of an office, or any part thereof, which office, or any part thereof, shall touch or concern the administration or execution of justice, or the receipt, collection, control or disbursement of the public revenue, or shall concern or touch any clerkship in any court of record wherein justice is administered; or if any person shall give or pay money, reward or other profit, or shall make any promise, agreement, bond or assurance for any of such offices, or for the deputation of any of them, or for any part of them, the person so offending in any of the cases aforesaid shall be guilty of a Class H felony."
Sec. 38.  G.S. 14-256 reads as rewritten:
"§ 14-256.  Prison breach and escape from county or municipal confinement facilities or officers.
If any person shall break any prison, jail or lockup maintained by any county or municipality in North Carolina, being lawfully confined therein, or shall escape from the lawful custody of any superintendent, guard or officer of such prison, jail or lockup, he shall be guilty of a Class 1 misdemeanor, except that the person is guilty of a Class E felony if:
(1)	He has been convicted of a felony and has been committed to the facility pending transfer to the State prison system; or
(2)	He is serving a sentence imposed upon conviction of a felony."
Sec. 39.  G.S. 14-258 reads as rewritten:
"§ 14-258.  Conveying messages and weapons to or trading with convicts and other prisoners.
If any person shall convey to or from any convict any letters or oral messages, or shall convey to any convict or person imprisoned, charged with crime and awaiting trial any weapon or instrument by which to effect an escape, or that will aid him in an assault or insurrection, or shall trade with a convict for his clothing or stolen goods, or shall sell to him any article forbidden him by prison rules, he shall be guilty of a Class F felony:  Provided, that when a murder, an assault or an escape is effected with the means furnished, the person convicted of furnishing the means shall be punished as a Class F felon."
Sec. 40.  G.S. 14-258.2 reads as rewritten:
"§ 14-258.2.  Possession of dangerous weapon in prison.
(a)	Any person while in the custody of the Division of Prisons, or any person under the custody of any local confinement facility as defined in G.S. 153A-217, who shall have in his possession without permission or authorization a weapon capable of inflicting serious bodily injuries or death, or who shall fabricate or create such a weapon from any source, shall be guilty of a Class F felony; and any person who commits any assault with such weapon and thereby inflicts bodily injury or by the use of said weapon effects an escape or rescue from imprisonment shall be punished as a Class F felon.
(b)	A person is guilty of a Class D felony if he assists a prisoner in the custody of the Division of Prisons or of any local confinement facility as defined in G.S. 153A-217 in escaping or attempting to escape and:
(1)	In the perpetration of the escape or attempted escape he commits an assault with a deadly weapon and inflicts bodily injury; or
(2)	By the use of a deadly weapon he effects the escape of the prisoner."
Sec. 41.  G.S. 14-258.3 reads as rewritten:
"§ 14-258.3.  Taking of hostage, etc., by prisoner.
Any prisoner in the custody of the Department of Correction, including persons in the custody of the Department of Correction pending trial or appellate review or for presentence diagnostic evaluation, or any prisoner in the custody of any local confinement facility (as defined in G.S. 153A-217), or any person in the custody of any local confinement facility (as defined in G.S. 153A-217) pending trial or appellate review or for any lawful purpose, who by threats, coercion, intimidation or physical force takes, holds, or carries away any person, as hostage or otherwise, shall be punished as a Class C felon.  The provisions of this section apply to: (i) violations committed by any prisoner in the custody of the Department of Correction, whether inside or outside of the facilities of the North Carolina Department of Correction; (ii) violations committed by any prisoner or by any other person lawfully under the custody of any local confinement facility (as defined in G.S. 153A-217), whether inside or outside the local confinement facilities (as defined in G.S. 153A-217)."
Sec. 42.  G.S. 14-288.2(c) reads as rewritten:
"(c)	Any person who willfully engages in a riot is guilty of a Class G felony, if:
(1)	In the course and as a result of the riot there is property damage in excess of fifteen hundred dollars ($1,500) or serious bodily injury; or
(2)	Such participant in the riot has in his possession any dangerous weapon or substance."
Sec. 43.  G.S. 14-288.6(b) reads as rewritten:
"(b)	Any person who commits the crime of trespass during emergency and, without legal justification, obtains or exerts control over, damages, ransacks, or destroys the property of another is guilty of the felony of looting and shall be punished as a Class G felon."
Sec.  44.  G.S. 14-288.9(c) reads as rewritten:
"(c)	Any person who commits an assault upon emergency personnel is guilty of a Class 1 misdemeanor.  Any person who commits an assault upon emergency personnel with or through the use of any dangerous weapon or substance shall be punished as a Class E felon."
Sec. 45.  G.S. 14-288.20(b) reads as rewritten:
"(b)	A person is guilty of a Class G felony, if he:
(1)	Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder; or
(2)	Assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive or incendiary device, or technique capable of causing injury or death to persons, intending to employ unlawfully the training, practicing, instruction, or technique for use in, or in furtherance of, a civil disorder."
Sec. 46.  G.S. 14-318.4 reads as rewritten:
"§ 14-318.4.  Child abuse a felony.
(a)	A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious physical injury upon or to the child or who intentionally commits an assault upon the child which results in any serious physical injury to the child is guilty of a Class D felony.
(a1)	Any parent of a child less than 16 years of age, or any other person providing care to or supervision of the child, who commits, permits, or encourages any act of prostitution with or by the juvenile is guilty of child abuse and shall be punished as a Class C felon.
(a2)	Any parent or legal guardian of a child less than 16 years of age who commits or allows the commission of any sexual act upon a juvenile is guilty of a Class D felony.
(b)	The felony of child abuse is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies."
Sec. 47.  G.S. 14-401.11(b) reads as rewritten:
"(b)	Penalties.
(1)	Any person violating the provisions of G.S. 14-401.11(a)(1):
a.	Where the actual or possible effect on a person eating the food or substance was or would be limited to mild physical discomfort without any lasting effect, shall be guilty of a Class I felony.
b.	Where the actual or possible effect on a person eating the food or substance was or would be greater than mild physical discomfort without any lasting effect, shall be punished as a Class F felon.
(2)	Any person violating the provisions of G.S. 14-401.11(a)(2) shall be punished as a Class E felon.
(3)	Any person violating the provisions of G.S. 14-401.11(a)(3) shall be punished as a Class C felon."
Sec. 48.  G.S. 20-141.4(b) reads as rewritten:
"(b)	Punishments. – Felony death by vehicle is a Class E felony.  Misdemeanor death by vehicle is a Class 1 misdemeanor."
Sec. 49.  G.S. 90-95(b) reads as rewritten:
"(b)	Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(1) with respect to:
(1)	A controlled substance classified in Schedule I or II shall be punished as a Class H felon;
(2)	A controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class H felon, but the transfer of less than 5 grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1)."
Sec. 50.  G.S. 90-95(d) reads as rewritten:
"(d)	Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(3) with respect to:
(1)	A controlled substance classified in Schedule I shall be punished as a Class H felon;
(2)	A controlled substance classified in Schedule II, III, or IV shall be guilty of a Class 1 misdemeanor.  If the controlled substance exceeds four tablets, capsules, or other dosage units or equivalent quantity of hydromorphone or if the quantity of the controlled substance, or combination of the controlled substances, exceeds one hundred tablets, capsules or other dosage units, or equivalent quantity, the violation shall be punishable as a Class H felony.  If the controlled substance is phencyclidine, or cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocanized coca leaves or any extraction of coca leaves which does not contain cocaine or ecgonine), the violation shall be punishable as a Class H felony.
(3)	A controlled substance classified in Schedule V shall be guilty of a Class 2 misdemeanor;
(4)	A controlled substance classified in Schedule VI shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation.  If the quantity of the controlled substance exceeds one-half of an ounce (avoirdupois) of marijuana or one-twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor.  If the quantity of the controlled substance exceeds one and one-half ounces (avoirdupois) of marijuana or three-twentieths of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, or if the controlled substance consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the violation shall be punishable as a Class H felony."
Sec. 51.  G.S. 90-95(e) reads as rewritten:
"(e)	The prescribed punishment and degree of any offense under this Article shall be subject to the following conditions, but the punishment for an offense may be increased only by the maximum authorized under any one of the applicable conditions:
(1),(2)	Repealed by Session Laws 1979, c. 760, s. 5.
(3)	If any person commits a Class 1 misdemeanor under this Article and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be punished as a Class H felon.  The prior conviction used to raise the current offense to a Class H felony shall not be used to calculate the prior record level;
(4)	If any person commits a Class 2 misdemeanor, and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be guilty of a Class 1 misdemeanor.  The prior conviction used to raise the current offense to a Class 1 misdemeanor shall not be used to calculate the prior conviction level;
(5)	Any person 18 years of age or over who violates G.S. 90-95(a)(1) by selling or delivering a controlled substance to a person under 16 years of age or a pregnant female shall be punished as a Class E felon.  Mistake of age is not a defense to a prosecution under this section.  It shall not be a defense that the defendant did not know that the recipient was pregnant;
(6)	For the purpose of increasing punishment under G.S. 90-95(e)(3) and (e)(4), previous convictions for offenses shall be counted by the number of separate trials at which final convictions were obtained and not by the number of charges at a single trial;
(7)	If any person commits an offense under this Article for which the prescribed punishment requires that any sentence of imprisonment be suspended, and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be guilty of a Class 2 misdemeanor;
(8)	Any person 21 years of age or older who commits an offense under G.S. 90-95(a)(1) on property used for an elementary or secondary school or within 300 feet of the boundary of real property used for an elementary or secondary school shall be punished as a Class D felon.  For purposes of this subdivision, the transfer of less than five grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1).
(9)	Any person who violates G.S. 90-95(a)(3) on the premises of a penal institution or local confinement facility shall be guilty of a Class I felony."
Sec. 52.  G.S. 90-108(b) reads as rewritten:
"(b)	Any person who violates this section shall be guilty of a Class 1 misdemeanor. Provided, that if the criminal pleading alleges that the violation was committed intentionally, and upon trial it is specifically found that the violation was committed intentionally, such violations shall be a Class H felony.  A person who violates subdivision (7) of subsection (a) of this section and also fortifies the structure, with the intent to impede law enforcement entry, (by barricading windows and doors) shall be punished as a Class H felon."
Sec. 53.  G.S. 90-113.23(c) reads as rewritten:
"(c)	Violation of this section is a Class 1 misdemeanor.  However, delivery of drug paraphernalia by a person over 18 years of age to someone under 18 years of age who is at least three years younger than the defendant shall be punishable as a Class H felony."
Sec. 54.  G.S. 120-86(e) reads as rewritten:
"(e)	Violation of subsection (a) or (b) is a Class D felony.  Violation of subsection (c) is not a crime but is punishable under G.S. 120-103."
Sec. 55.  G.S. 148-45(a) reads as rewritten:
"(a)	Any person in the custody of the Department of Correction in any of the classifications hereinafter set forth who shall escape from the State prison system, shall for the first such offense, except as provided in subsection (g) of this section, be guilty of a Class F felony:
(1)	A prisoner serving a sentence imposed upon conviction of a misdemeanor;
(2)	A person who has been charged with a misdemeanor and who has been committed to the custody of the Department of Correction under the provisions of G.S. 162-39;
(3)	Repealed by Session Laws 1985, c. 226, s. 4.
(4)	A person who shall have been convicted of a misdemeanor and who shall have been committed to the Department of Correction for presentence diagnostic study under the provisions of G.S. 15A-1332(c)."
Sec. 56.  G.S. 148-45(b) reads as rewritten:
"(b)	Any person in the custody of the Department of Correction, in any of the classifications hereinafter set forth, who shall escape from the State prison system, shall, except as provided in subsection (g) of this section, be punished as a Class E felon.
(1)	A prisoner serving a sentence imposed upon conviction of a felony;
(2)	A person who has been charged with a felony and who has been committed to the custody of the Department of Correction under the provisions of G.S. 162-39;
(3)	Repealed by Session Laws 1985, c. 226, s. 5.
(4)	A person who shall have been convicted of a felony and who shall have been committed to the Department of Correction for presentence diagnostic study under the provisions of G.S. 15A-1332(c); or
(5)	Any person previously convicted of escaping or attempting to escape from the State prison system."
Sec. 57.  G.S. 163-237(c) reads as rewritten:
"(c)	Fraud in Connection with Absentee Vote; Forgery. – Any person attempting to aid and abet fraud in connection with any absentee vote cast or to be cast, under the provisions of this Article, shall be guilty of a misdemeanor.  Attempting to vote by fraudulently signing the name of a regularly qualified voter is a Class H felony."
Sec. 58.  This act becomes effective December 1, 1995, and applies to offenses committed on or after that date.