GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 28

Short Title:  Increase Some Crim. Penalties.	(Public)

─────────────────────────────────────── 
Sponsors: Senators Odom; Perdue, Albertson, Plexico, Hoyle, Kerr, Warren, Gulley, Cooper, Plyler, and Rand.

─────────────────────────────────────── 
Referred to:  Judiciary II/Election Laws.

─────────────────────────────────────── 

January 26, 1995

A BILL TO BE ENTITLED
AN ACT TO CREATE A NEW OFFENSE CLASS AND PUNISHMENT ROW FOR MISDEMEANOR ASSAULTS, TO INCREASE THE PUNISHMENT FOR THE FELONY OFFENSES OF COMMON LAW ROBBERY, BREAKING AND ENTERING, ASSAULT ON A LAW ENFORCEMENT OFFICER, AND POSSESSION OF A FIREARM BY A FELON, TO LENGTHEN THE MINIMUM SENTENCES FOR FELONY OFFENSE CLASSES B2, C, AND D.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-33 reads as rewritten:
"§ 14-33.  Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.
(a)	Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor.
(b)	Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class 1 misdemeanor if, in the course of the assault, assault and battery, or affray, he:
			(4)	through (7) Repealed by Session Laws 1991, c. 525, s. 1;
	(9)	Commits an assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sports event, or immediately after the sports event at which the sports official discharged official duties. A 'sports official' is a person at a sports event who enforces the rules of the event, such as an umpire or referee, or a person who supervises the participants, such as a coach. A 'sports event' includes any interscholastic or intramural athletic activity in a primary, middle, junior high, or high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, any athletic activity that is a professional or semiprofessional event, and any other organized athletic activity in the State. 
(c)	Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she:
(1)	Inflicts serious injury upon another person or uses a deadly weapon;
(2)	Assaults a female, he being a male person at least 18 years of age;
(3)	Assaults a child under the age of 12 years; or
(4)	Assaults an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties."
Sec. 2.  G.S. 14-34 reads as rewritten:
"§ 14-34.  Assaulting by pointing gun.
If any person shall point any gun or pistol at any person, either in fun or otherwise, whether such gun or pistol be loaded or not loaded, he shall be guilty of a Class A1 misdemeanor."  
Sec. 3.  G.S. 15A-1332(c) reads as rewritten:
"(c)	Presentence Commitment for Study. – When the court desires more detailed information as a basis for determining the sentence to be imposed than can be provided by a presentence investigation, the court may commit a defendant to the Department of Correction for study for the shortest period necessary to complete the study, not to exceed 90 days, if that defendant has been charged with or convicted of any felony or a Class A1 or Class 1 misdemeanor crime or crimes for which he may be imprisoned for more than six months and if he consents.  The period of commitment must end when the study is completed, and may not exceed 90 days.  The Department must conduct a complete study of a defendant committed to it under this subsection, inquiring into such matters as the defendant's previous delinquency or criminal experience, his social background, his capabilities, his mental, emotional and physical health, and the availability of resources or programs appropriate to the defendant.  Upon completion of the study or the end of the 90-day period, whichever occurs first, the Department of Correction must release the defendant to the sheriff of the county in which his case is docketed.  The Department must forward the study to the clerk in that county, including whatever recommendations the Department believes will be helpful to a proper resolution of the case.  When a defendant is returned from a presentence commitment for study, the conditions of pretrial release which obtained for the defendant before the commitment continue until judgment is entered, unless the conditions are modified under the provisions of G.S. 15A-534(e)."
Sec. 4.  G.S. 15A-1340.14(b) reads as rewritten:
"(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 A1 or 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, 1 point.
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."
Sec. 5.  G.S. 15A-1340.23 reads as rewritten:
"§ 15A-1340.23.  Punishment limits for each class of offense and prior conviction level.
(a)	Offense Classification; Default Classifications. – The offense classification is as specified in the offense for which the sentence is being imposed.  If the offense is a misdemeanor for which there is no classification, it is as classified in G.S. 14-3.
(b)	Fines. – Any judgment that includes a sentence of imprisonment may also include a fine.  Additionally, when the defendant is other than an individual, the judgment may consist of a fine only.  If a community punishment is authorized, the judgment may consist of a fine only.  Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor.  The amount of the fine for a Class 1 misdemeanor and a Class A1 misdemeanor is in the discretion of the court.
(c)	Punishment for Each Class of Offense and Prior Conviction Level; Punishment Chart Described. – Unless otherwise provided for a specific or unless otherwise provided for in subsection (d) of this section, 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

A1	1-60 days C/I/A	1-75 days C/I/A	1-150 days C/I/A,
except as
provided in
subsection (d)	
1	1-45 days C	1-45 days C/I/A	1-120 days C/I/A
2 	1-30 days C	1-45 days C/I	1-60 days C/I/A
3	1-10 days C	1-15 days C/I	1-20 days C/I/A.
(d)	A person convicted of a Class A1 misdemeanor who has five or more prior misdemeanor convictions, two of which were assaults, shall be punished as a Class F felon."
Sec. 6.  G.S. 15A-1343.1 reads as rewritten:
"§ 15A-1343.1.  Criteria for selection and sentencing to IMPACT.
The criteria for selecting and sentencing youthful offenders to the Intensive Motivational Program of Alternative Correctional Treatment as provided under G.S. 15A-1343(b1)(2a) shall be as follows:
(1)	The offender must be between the ages of 16 and 25;
(2)	The offender must be convicted of a Class 1 misdemeanor, Class A1 misdemeanor, or a felony.
(3)	The offender must submit to a medical evaluation by a physician approved by his probation or parole officer and must be certified by the physician to be medically fit for program participation;
(4)	The offender must not previously have served an active sentence in excess of 120 days for an offense not subject to Article 81B of this Chapter or of 30 days for an offense subject to Article 81B of this Chapter."
Sec. 7.  G.S. 14-87.1 reads as rewritten:
"§ 14-87.1.  Punishment for common-law robbery.
Robbery as defined at common law, other than robbery with a firearm or other dangerous weapon as defined by G.S. 14-87, shall be punishable as a Class F felony."
Sec. 8.  G.S. 14-54(a) reads as rewritten:
"(a)	Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class G felon."
Sec. 9.  G.S. 14-34.2 reads as rewritten:
"§ 14-34.2.  Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers.
Unless a person's conduct is covered under some other provision of law providing greater punishment, any person who commits an assault with a firearm or any other deadly weapon upon an officer or employee of the State or of any political subdivision of the State, a company police officer certified pursuant to the provisions of Chapter 74E of the General Statutes, or a campus police officer certified pursuant to the provisions of Chapter 17C or Chapter 116 of the General Statutes, in the performance of his duties shall be guilty of a Class F felony."
Sec. 10.  Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-34.5.  Assault with a firearm on a law enforcement officer.
Any person who commits an assault with a firearm upon a law enforcement officer in the performance of his or her duties is guilty of a Class E felony."
Sec. 11.  G.S. 14-415.1(a) reads as rewritten:
"(a)	It shall be unlawful for any person who has been convicted of any crime set out in subsection (b) of this section to purchase, own, possess, or have in his custody, care, or control any handgun or other firearm with a barrel length of less than 18 inches or an overall length of less than 26 inches, or any weapon of mass death and destruction as defined in G.S. 14-288.8(c), within five years from the date of such conviction, or the unconditional discharge from a correctional institution, or termination of a suspended sentence, probation, or parole upon such conviction, whichever is later.
Every person violating the provisions of this section shall be punished as a Class G felon.
Nothing in this subsection would prohibit the right of any person to have possession of a firearm within his own home or on his lawful place of business."
Sec. 12.  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	336-420	384-480	Life Imprisonment	Aggravated
Without Parole
B1	192-240	230-288	269-336	307-384	346-433	384-480	PRESUMPTIVE
144-192	173-230	202-269	230-307	260-346	288-384	Mitigated

A	A	A	A	A	A	DISPOSITION
																		180-225	216-270	252-315	288-360	324-405	360-450	Aggravated
B2	144-180	173-216	202-252	230-288	259-924	288-360	PRESUMPTIVE
108-144	130-173	152-202	173-230	194-259	216-288	Mitigated

A	A	A	A	A	A	DISPOSITION 
																			84-105	115-144	134-168	152-190	172-215	192-240	Aggravated
C	 67-84	92-115	107-134	122-152	138-172	154-192	PRESUMPTIVE
50-67	69-92	80-107	92-122	104-138	116-154	Mitigated

A	A	A	A	A	A	DISPOSITION
																			74-93	89-111	118-148	135-169	152-190	168-210	Aggravated
D	 59-74	71-89	94-118	108-155	122-152	134-168	PRESUMPTIVE
44-59	53-71	71-94	81-108	92-122	101-134	Mitigated

I/A	I/A	A	A	A	A	DISPOSITION
25-31	 29-36	34-42	46-58	53-66	59-74	Aggravated
E	 20-25	 23-29	27-34	37-46	42-53	47-59	PRESUMPTIVE
15-20	 17-23	20-27	28-37	32-42	35-47	Mitigated

I/A	I/A	I/A	A	A	A	DISPOSITION
16-20	19-24	21-26	25-31	34-42	39-49	Aggravated
F	13-16	15-19	17-21	20-25	27-34	31-39	PRESUMPTIVE
10-13	11-15	13-17	15-20	20-27	23-31	Mitigated

I/A	I/A	I/A	I/A	A	A	DISPOSITION
13-16	15-19	16-20	20-25	21-26	29-36	Aggravated
G	10-13	12-15	13-16	16-20	17-21	23-29	PRESUMPTIVE
8-10	 9-12	10-13	12-16	13-17	17-23	Mitigated

C/I	I	I/A	I/A	I/A	A	DISPOSITION
6-8	8-10	10-12	11-14	15-19	20-25	Aggravated
H	5-6	6-8	 8-10	 9-11	12-15	16-20	PRESUMPTIVE
4-5	4-6	 6-8	 7-9	 9-12	12-16	Mitigated

C	C/I	I	I/A	I/A	I/A	DISPOSITION
6-8	6-8	6-8	8-10	9-11	10-12	Aggravated
I	4-6	4-6	5-6	6-8	7-9	 8-10	PRESUMPTIVE
3-4	3-4	4-5	4-6	5-7	 6-8	Mitigated

Sec. 13.  This act becomes effective December 1, 1995, and applies to offenses committed on or after that date.