GENERAL ASSEMBLY OF NORTH CAROLINA
EXTRA SESSION 1994
H 3
Committee Substitute Favorable 2/21/94
Senate Select Committee on Corrections/Punishment Substitute Adopted 3/17/94
Short Title: Amend Habitual Felon Law. (Public)
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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. Persons defined as
habitual Habitual felons and serious habitual felons.
Any person who has been convicted of or pled guilty to
three felony offenses in any federal court or state court in the United States
or combination thereof is declared to be an habitual felon. For the purpose of
this Article, a felony offense is defined as an offense which is a felony under
the laws of the State or other sovereign wherein a plea of guilty was entered
or a conviction was returned regardless of the sentence actually imposed.
Provided, however, that federal offenses relating to the manufacture, possession,
sale and kindred offenses involving intoxicating liquors shall not be
considered felonies for the purposes of this Article. For the purposes of this
Article, felonies committed before a person attains the age of 18 years shall
not constitute more than one felony. The commission of a second felony shall
not fall within the purview of this Article unless it is committed after the
conviction of or plea of guilty to the first felony. The commission of a third
felony shall not fall within the purview of this Article unless it is committed
after the conviction of or plea of guilty to the second felony. Pleas of guilty
to or convictions of felony offenses prior to July 6, 1967, shall not be felony
offenses within the meaning of this Article. Any felony offense to which a
pardon has been extended shall not for the purpose of this Article constitute a
felony. The burden of proving such pardon shall rest with the defendant and the
State shall not be required to disprove a pardon.
(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 D, 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. To be considered a separate occasion, the subsequent felony must have been committed after the conviction for the previous felony.
(3) Serious 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. To be considered a separate occasion, the subsequent felony must have been committed after the conviction for the previous 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 Serious 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 serious habitual felon. Proof of prior convictions to establish a person's serious 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 serious habitual felon status. If the judge finds that the person is a serious 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 240 months for conviction as a serious habitual felon. In determining the prior record level of the person, the convictions used to establish the person's status as a serious 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 serious 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 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 serious habitual felon.
(a) An indictment
which charges a person who is an habitual felon within the meaning of G.S. 14-7.1 G.S. 15A-1340.13A with the commission of any felony under the laws of
the State of North Carolina must, in order to sustain a conviction
of habitual felon, also charge that said
the person is an habitual felon. The
indictment charging the defendant as an habitual felon shall be separate from
the indictment charging him with the principal felony. 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 the
felony offenses were committed, the dates that pleas of guilty were entered
to or convictions returned in said the
felony offenses, and the identity of the court wherein said the 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
hearing on said the 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 serious habitual felon within the meaning of G.S. 15A-1340.13A must, in order to sustain a conviction of serious habitual felon, also charge that the person is a serious habitual felon. An indictment which charges a person with being a serious habitual felon must set forth the date that prior felony offenses were committed, the name of the state or other sovereign against whom the felony offenses were committed, the dates that pleas of guilty were entered to or convictions returned in the felony offenses, and the identity of the court wherein the pleas or convictions took place. No defendant charged with being a serious habitual felon in a bill of indictment shall be required to go to hearing on the 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 on the date that Chapter 538 of the 1993 Session Laws becomes effective, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.