GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 856

Short Title:  Increase Some Felony Penalties.	(Public)

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Sponsors: Senators Albertson, Warren, Hoyle, Martin of Pitt, Dannelly, Perdue, Davis, East, and Webster.

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Referred to:  Judiciary I/Constitution

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April 26, 1995

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE PENALTIES FOR VOLUNTARY MANSLAUGHTER, POSSESSION OF A CONTROLLED SUBSTANCE IN A CONFINEMENT FACILITY AND POSSESSION WITH INTENT TO SELL AND DELIVER MARIJUANA.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-18 reads as rewritten:
"§ 14-18.  Punishment for manslaughter.
Voluntary manslaughter shall be punishable as a Class D felony, and involuntary manslaughter shall be punishable as a Class F felony."
Sec. 2.  G.S. 90-95(e)(9) reads as rewritten:
"(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 G felony."
Sec. 3.  G.S. 90-95(h)(1) reads as rewritten:
"(1)	Any person who sells, manufactures, delivers, transports, or possesses in excess of 10 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 10 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 25 months and a maximum term of 30 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 35 months and a maximum term of 42 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 219 months in the State's prison and shall be fined not less than two hundred thousand dollars ($200,000)."
Sec. 4.  This act becomes effective December 1, 1995, and applies to offenses committed on or after that date.