A BILL TO BE ENTITLED
AN ACT to punish habitual felons three classes higher than the offense classification for the principal offense, but in no case higher than class c, and require an active sentence, as recommended by the north carolina Sentencing and policy advisory commission.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑7.6 reads as rewritten:
"§ 14‑7.6. Sentencing of habitual felons.
When an habitual felon as defined in this Article commits any felony under the laws of the State of North Carolina, the felon must, upon conviction or plea of guilty under indictment as provided in this Article (except where the felon has been sentenced as a Class A, B1, or B2 felon) be sentenced as a felon three classes higher than the principal felony, but in no case higher than a Class C felon. Notwithstanding the sentencing dispositions in G.S. 15A-1340.17, the felon shall be sentenced to an active punishment. In determining the prior record level, convictions used to establish a person's status as an habitual felon shall not be used. Sentences imposed under this Article shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced under this section."
SECTION 2.  This act becomes effective December 1, 2003, and applies to offenses committed on or after that date.