NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 846

SENATE BILL 881

 

 

AN ACT TO PROVIDE FOR MANDATORY ACTIVE IMPRISONMENT SENTENCES UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE VIOLATION OF G.S. 14-87(a).

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-87, as presently written, shall be designated subsection (a), and a new subsection added, to be designated subsection (b), to read as follows:

"(b)      Any person who has been previously convicted of a violation of G.S. 14-87(a), or any person who has been previously convicted of a violation of any similar statute in any other State or the District of Columbia, upon conviction for a second or subsequent violation of G.S. 14-87(a), shall be guilty of a felony and shall be punished without benefit of parole, probation, suspended sentence, or any other judicial or administrative procedure except such time as may be allowed as a result of good behavior, whereby the period of actual incarceration of the person sentenced is reduced to a period less than that stated in the sentence imposed by the trial judge. Sentences imposed for a second or subsequent violation pursuant to this proviso shall run consecutively with and shall commence at the expiration of any other sentences being served by the person sentenced hereunder.

Notwithstanding any other provision of law, neither the Parole Commission nor any other agency having responsibility for release of inmates prior to expiration of sentences shall authorize an inmate serving a sentence imposed pursuant to the foregoing proviso of this section to be released prior to expiration of the sentence imposed for a second or subsequent violation of G.S. 14-87(a).

For purposes of determining whether a violation of G.S. 14-87(a) is a second or subsequent violation of G.S. 14-87(a) for sentencing under the foregoing proviso, any previous conviction for violation of G.S. 14-87(a) shall be considered a previous conviction if convicted before the date of the second or subsequent violation sought to be punished by a sentence under the foregoing proviso."

Sec. 2.  This act shall become effective October 1, 1975.

In the General Assembly read three times and ratified, this the 25th day of June, 1975.