GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 767
The General Assembly of North Carolina enacts:
PART 1. EARNED TIME FOR MISDEMEANOR OFFENDERS
Section 1. G.S. 15A-1340.20(d) reads as rewritten:
"(d) Earned Time
Authorization. - An offender sentenced to a term of imprisonment that is
activated is eligible to receive earned time credit for misdemeanant offenders
awarded by the Department of Correction or the custodian of a local confinement
facility, pursuant to rules adopted in accordance with law. law and
pursuant to G.S. 162-60. These rules and statute combined shall
not award misdemeanant offenders more than four days of earned time credit per
month of incarceration."
Sec. 2. G.S. 162-60 reads as rewritten:
"§ 162-60. Reduction in sentence allowed for work.
In addition to any earned time credit a prisoner may be
awarded under G.S. 15A-1340.20, a A prisoner who has faithfully
performed the duties assigned to him pursuant to G.S. 162-58 is entitled to a
reduction in his sentence of four days for each 30 days of work
performed. The person having custody of the prisoner, as defined in G.S.
162-59, shall be the sole judge as to whether the prisoner has faithfully
performed his duties. A prisoner who escapes or attempts to escape while
performing work pursuant to G.S. 162-58 shall forfeit any reduction in sentence
that he would have been entitled to under this section."
Sec. 3. G.S. 153A-230.3(b) reads as rewritten:
"(b) Operation of Satellite Jail/Work Release Unit. - A county or group of counties operating a satellite jail/work release unit shall comply with the following requirements concerning operation of the unit:
(1) The county shall make every effort to ensure that at least eighty percent (80%) of the unit occupants shall be employed and on work release, and that the remainder shall earn their keep by working at the unit on maintenance and other jobs related to the upkeep and operation of the unit or by assignment to community service work, and that alcohol and drug rehabilitation be available through community resources.
(2) The county shall require the occupants to give their earnings, less standard payroll deductions required by law and premiums for group health insurance coverage, to the Sheriff. The county may charge a per day charge from those occupants who are employed or otherwise able to pay from other resources available to the occupants. The per day charge shall be calculated based on the following formula: The charge shall be either the amount that the Department of Correction deducts from a prisoner's work-release earnings to pay for the cost of the prisoner's keep or fifty percent (50%) of the occupant's net weekly income, whichever is greater, but in no event may the per day charge exceed an amount that is twice the amount that the Department of Correction pays each local confinement facility for the cost of providing food, clothing, personal items, supervision, and necessary ordinary medical expenses. The per day charge may be adjusted on an individual basis where restitution and/or child support has been ordered, or where the occupant's salary or resources are insufficient to pay the charge.
The county also shall accumulate a reasonable sum from the earnings of the occupant to be returned to him when he is released from the unit. The county also shall follow the guidelines established for the Department of Correction in G.S. 148-33.1(f) for determining the amount and order of disbursements from the occupant's earnings.
(3) Any and all proceeds from daily fees shall belong to the county's General Fund to aid in offsetting the operation and maintenance of the satellite unit.
(4) The unit shall be operated on a full-time basis, i.e., seven days/nights a week, but weekend leave may be granted by the Sheriff. In granting weekend leave, the Sheriff shall follow the policies and procedures of the Department of Correction for granting weekend leave for Level 3 minimum custody inmates.
(5) Good time and gain Earned
time shall be applied to these county prisoners in the same manner as prescribed
in G.S. 15A-1340.7 15A-1340.20 and G.S. 148-13 for State
prisoners.
(6) The Sheriff shall maintain complete and accurate records on each inmate. These records shall contain the same information as required for State prisoners that are housed in county local confinement facilities."
Sec. 4. G.S. 15A-1368.2(a) reads as rewritten:
"(a) A prisoner to whom
this Article applies shall be released from prison for post-release supervision
on the date equivalent to his maximum imposed prison term less nine months,
less any earned time awarded by the Department of Correction or the custodian
of a local confinement facility under G.S. 15A-1340(d). 15A-1340.13(d).
If a prisoner has not been awarded any earned time, the prisoner shall be
released for post-release supervision on the date equivalent to his maximum
prison term less nine months."
Sec. 5. G.S. 15A-1368.3(c) reads as rewritten:
"(c) Effect of Violation. - If the supervisee violates a condition, described in G.S. 15A-1368.4, at any time before the termination of the supervision period, the Commission may continue the supervisee on the existing supervision, with or without modifying the conditions, or if continuation or modification is not appropriate, may revoke post-release supervision as provided in G.S. 15A-1368.6 and reimprison the supervisee for a term consistent with the following requirements:
(1) The supervisee will be returned to prison up to the time remaining on his maximum imposed term.
(2) The supervisee shall not receive any credit for days on post-release supervision against the maximum term of imprisonment imposed by the court under G.S. 15A-1340.13.
(3) Pursuant to Article 19A of Chapter 15, the Department of Correction shall award a prisoner credit against any term of reimprisonment for all time spent in custody as a result of revocation proceedings under G.S. 15A-1368.6.
(4) The prisoner is
eligible to receive earned time credit against the maximum prison term as provided
in G.S. 15A-1340(d) 15A-1340.13(d) for time served in prison
after the revocation."
PART 2. LENGTHS OF PROBATION PERIODS
Sec. 6. G.S. 15A-1342(a) reads as rewritten:
"(a) Period. - The court may place a convicted offender on probation for the appropriate period as specified in G.S. 15A-1343.2(d), not to exceed a maximum of five years. The court may place a defendant as to whom prosecution has been deferred on probation for a maximum of two years. The probation remains conditional and subject to revocation during the period of probation imposed, unless terminated as provided in subsection (b) or G.S. 15A-1341(c).
Extension. - The court with the consent of the
defendant may extend the period of probation beyond five years the
original period (i) for the purpose of allowing the defendant to complete a
program of restitution, or (ii) to allow the defendant to continue medical or
psychiatric treatment ordered as a condition of the probation. The period of
extension shall not exceed three years beyond the original period of probation.
The special extension authorized herein may be ordered only in the last six
months of the probation term. original period of probation. Any
probationary judgment form provided to a defendant on supervised probation shall
state that probation may be extended pursuant to this subsection."
Sec. 7. G.S. 15A-1351(a) reads as rewritten:
"(a) The judge may sentence to special probation a defendant convicted of a criminal offense other than impaired driving under G.S. 20-138.1, if based on the defendant's prior record or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment is authorized for the class of offense of which the defendant has been convicted. A defendant convicted of impaired driving under G.S. 20-138.1 may also be sentenced to special probation. Under a sentence of special probation, the court may suspend the term of imprisonment and place the defendant on probation as provided in Article 82, Probation, and in addition require that the defendant submit to a period or periods of imprisonment in the custody of the Department of Correction or a designated local confinement or treatment facility at whatever time or intervals within the period of probation, consecutive or nonconsecutive, the court determines. In addition to any other conditions of probation which the court may impose, the court shall impose, when imposing a period or periods of imprisonment as a condition of special probation, the condition that the defendant obey the Rules and Regulations of the Department of Correction governing conduct of inmates, and this condition shall apply to the defendant whether or not the court imposes it as a part of the written order. If imprisonment is for continuous periods, the confinement may be in the custody of either the Department of Correction or a local confinement facility. Noncontinuous periods of imprisonment under special probation may only be served in a designated local confinement or treatment facility. Except for probationary sentences of impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, may not exceed six months or one fourth the maximum sentence of imprisonment imposed for the offense, whichever is less, and no confinement other than an activated suspended sentence may be required beyond two years of conviction. For probationary sentences for impaired driving under G.S. 20-138.1, the total of all periods of confinement imposed as an incident of special probation, but not including an activated suspended sentence, shall not exceed one-fourth the maximum penalty allowed by law. In imposing a sentence of special probation, the judge may credit any time spent committed or confined, as a result of the charge, to either the suspended sentence or to the imprisonment required for special probation. The original period of probation, including the period of imprisonment required for special probation, shall be as specified in G.S. 15A-1343.2(d), but may not exceed a maximum of five years, except as provided by G.S. 15A-1342(a). The court may revoke, modify, or terminate special probation as otherwise provided for probationary sentences."
Sec. 8. G.S. 15A-1343.2(d) reads as rewritten:
"(d) Lengths of Probation
Terms Under Structured Sentencing. - Unless the court makes specific findings
that longer or shorter periods of probation are necessary, the length of the term
original period of probation for offenders sentenced under Article
81B shall be as follows:
(1) For misdemeanants sentenced to community punishment, not less than six nor more than 18 months;
(2) For misdemeanants sentenced to intermediate punishment, not less than 12 nor more than 24 months;
(3) For felons sentenced to community punishment, not less than 12 nor more than 30 months; and
(4) For felons sentenced to intermediate punishment, not less than 18 nor more than 36 months.
If the court finds at the time of sentencing that a longer period of probation is necessary, that period may not exceed a maximum of five years, as specified in G.S. 15A-1342 and G.S. 15A-1351.
Extension. - The court may with the consent of the
offender extend the original term period of the probation if
necessary to complete a program of restitution or to complete medical or
psychiatric treatment ordered as a condition of probation. This extension
may be for no more than three years, and may only be ordered in the last six
months of the original probation term. period of probation."
PART 3. EXTEND LENGTH OF CONFINEMENT ON SPECIAL PROBATION FOR SENTENCES TO IMPACT
Sec. 9. G.S. 15A-1344(e) reads as rewritten:
"(e) Special Probation in
Response to Violation. - When a defendant has violated a condition of
probation, the court may modify his probation to place him on special probation
as provided in this subsection. In placing him on special probation, the
court may continue or modify the conditions of his probation and in addition
require that he submit to a period or periods of imprisonment, either
continuous or noncontinuous, at whatever time or intervals within the period of
probation the court determines. In addition to any other conditions of
probation which the court may impose, the court shall impose, when imposing a
period or periods of imprisonment as a condition of special probation, the
condition that the defendant obey the Rules and Regulations of the Department
of Correction governing conduct of inmates, and this condition shall apply to
the defendant whether or not the court imposes it as a part of the written
order. If imprisonment is for continuous periods, the confinement may be
in either the custody of the Department of Correction or a local confinement facility.
Noncontinuous periods of imprisonment under special probation may only be
served in a designated local confinement or treatment facility. Except
for probationary sentences for impaired driving under G.S. 20-138.1, 20-138.1
and probationary sentences which include a period of imprisonment in the
Intensive Motivational Program of Alternative Correctional Treatment (IMPACT)
under G.S. 15A-1343(b1)(2a), the total of all periods of confinement
imposed as an incident of special probation, but not including an activated
suspended sentence, may not exceed six months or one fourth the maximum
sentence of imprisonment imposed for the offense, whichever is less. For
probationary sentences for impaired driving under G.S. 20-138.1, the total of
all periods of confinement imposed as an incident of special probation, but not
including an activated suspended sentence, shall not exceed one-fourth the
maximum penalty allowed by law. For probationary sentences which
include a period of imprisonment in the Intensive Motivational Program of
Alternative Correctional Treatment (IMPACT) under G.S. 15A-1343(b1)(2a), the
total of all periods of confinement imposed as an incident of special
probation, but not including an activated suspended sentence, shall not exceed
six months or one-half the maximum term of the suspended sentence of
imprisonment, whichever is less. No confinement other than an
activated suspended sentence may be required beyond the period of probation or
beyond two years of the time the special probation is imposed, whichever comes
first."
Sec. 10. G.S. 15A-1351(a), as amended by Section 7 of this act, reads as rewritten:
"(a) The judge may
sentence to special probation a defendant convicted of a criminal offense other
than impaired driving under G.S. 20-138.1, if based on the defendant's prior
record or conviction level as found pursuant to Article 81B of this Chapter, an
intermediate punishment is authorized for the class of offense of which the
defendant has been convicted. A defendant convicted of impaired driving
under G.S. 20-138.1 may also be sentenced to special probation. Under a
sentence of special probation, the court may suspend the term of imprisonment
and place the defendant on probation as provided in Article 82, Probation, and
in addition require that the defendant submit to a period or periods of
imprisonment in the custody of the Department of Correction or a designated
local confinement or treatment facility at whatever time or intervals within
the period of probation, consecutive or nonconsecutive, the court
determines. In addition to any other conditions of probation which the
court may impose, the court shall impose, when imposing a period or periods of
imprisonment as a condition of special probation, the condition that the defendant
obey the Rules and Regulations of the Department of Correction governing
conduct of inmates, and this condition shall apply to the defendant whether or
not the court imposes it as a part of the written order. If imprisonment
is for continuous periods, the confinement may be in the custody of either the
Department of Correction or a local confinement facility. Noncontinuous
periods of imprisonment under special probation may only be served in a
designated local confinement or treatment facility. Except for
probationary sentences of impaired driving under G.S. 20-138.1, 20-138.1
and probationary sentences which include a period of imprisonment in the
Intensive Motivational Program of Alternative Correctional Treatment (IMPACT)
under G.S. 15A-1343(b1)(2a), the total of all periods of confinement
imposed as an incident of special probation, but not including an activated
suspended sentence, may not exceed six months or one fourth the maximum
sentence of imprisonment imposed for the offense, whichever is less, and no
confinement other than an activated suspended sentence may be required beyond
two years of conviction. For probationary sentences for impaired driving
under G.S. 20-138.1, the total of all periods of confinement imposed as an
incident of special probation, but not including an activated suspended
sentence, shall not exceed one-fourth the maximum penalty allowed by law.
For probationary sentences which include a period of imprisonment in the
Intensive Motivational Program of Alternative Correctional Treatment (IMPACT)
under G.S. 15A-1343(b1)(2a), the total of all periods of confinement imposed as
an incident of special probation, but not including an activated suspended
sentence, shall not exceed six months or one-half of the maximum term of the
suspended sentence, whichever is less. In imposing a sentence of
special probation, the judge may credit any time spent committed or confined,
as a result of the charge, to either the suspended sentence or to the
imprisonment required for special probation. The original period of
probation, including the period of imprisonment required for special probation,
shall be as specified in G.S. 15A-1343.2(d), but may not exceed a maximum of
five years, except as provided by G.S. 15A-1342(a). The court may revoke,
modify, or terminate special probation as otherwise provided for probationary
sentences."
PART 4. COUNTING MULTIPLE PRIOR CONVICTIONS
Sec. 11. G.S. 15A-1340.14(d) reads as rewritten:
"(d) Multiple Prior Convictions Obtained in One Court Week. - For purposes of determining the prior record level, if an offender is convicted of more than one offense in a single superior court during one calendar week, only the conviction for the offense with the highest point total is used. If an offender is convicted of more than one offense in a single session of district court, only one of the convictions is used."
PART 5. CLASSIFYING PRIOR MISDEMEANOR CONVICTIONS FROM OTHER JURISDICTIONS
Sec. 12. G.S. 15A-1340.14(e) reads as rewritten:
"(e) Classification of
Prior Convictions From Other Jurisdictions. - Except as otherwise provided in
this subsection, a conviction occurring in a jurisdiction other than North
Carolina is classified as a Class I felony if the jurisdiction in which the
offense occurred classifies the offense as a felony, or is classified as a Class
3 misdemeanor if the jurisdiction in which the offense occurred classifies
the offense as a misdemeanor. If the offender proves by the preponderance
of the evidence that an offense classified as a felony in the other
jurisdiction is substantially similar to an offense that is a misdemeanor in
North Carolina, the conviction is treated as a that class of misdemeanor
for assigning prior record level points. If the State proves by the preponderance
of the evidence that an offense classified as either a misdemeanor or a
felony in the other jurisdiction is substantially similar to an offense in
North Carolina that is classified higher than a Class I felony, as
a Class I felony or higher, the conviction is treated as the higher that
class of felony for assigning prior record level points. If the
State proves by the preponderance of the evidence that an offense classified as
a misdemeanor in the other jurisdiction is substantially similar to an offense
classified as a Class 1 misdemeanor in North Carolina, the conviction is
treated as a Class 1 misdemeanor for assigning prior record level points."
PART 6. CONTINUANCE OF SENTENCING HEARING
Sec. 13. G.S. 15A-1340.14(f) reads as rewritten:
"(f) Proof of Prior Convictions. - A prior conviction shall be proved by any of the following methods:
(1) Stipulation of the parties.
(2) An original or copy of the court record of the prior conviction.
(3) A copy of records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts.
(4) Any other method found by the court to be reliable.
The State bears the burden of proving, by a preponderance of
the evidence, that a prior conviction exists and that the offender before the
court is the same person as the offender named in the prior conviction.
The original or a copy of the court records or a copy of the records maintained
by the Division of Criminal Information, the Division of Motor Vehicles, or of
the Administrative Office of the Courts, bearing the same name as that by which
the offender is charged, is prima facie evidence that the offender named
is the same person as the offender before the court, and that the facts set out
in the record are true. For purposes of this subsection, 'a copy'
includes a paper writing containing a reproduction of a record maintained
electronically on a computer or other data processing equipment, and a document
produced by a facsimile machine. The prosecutor shall make all feasible
efforts to obtain and present to the court the offender's full record.
Evidence presented by either party at trial may be utilized to prove prior
convictions. Suppression of prior convictions is pursuant to G.S.
15A-980. If a motion is made pursuant to that section during the
sentencing stage of the criminal action, either the State or the offender is
entitled to the court may grant a continuance of the sentencing
hearing. If asked by the defendant in compliance with G.S. 15A-903, the
prosecutor shall furnish the defendant's prior criminal record to the defendant
within a reasonable time sufficient to allow the defendant to determine if the
record available to the prosecutor is accurate."
Sec. 13.1. G.S. 15A-1340.21(c) reads as rewritten:
"(c) Proof of Prior Convictions. - A prior conviction shall be proved by any of the following methods:
(1) Stipulation of the parties.
(2) An original or copy of the court record of the prior conviction.
(3) A copy of records maintained by the Division of Criminal Information, the Division of Motor Vehicles, or of the Administrative Office of the Courts.
(4) Any other method found by the court to be reliable.
The State bears the burden of proving, by a preponderance of
the evidence, that a prior conviction exists and that the offender before the
court is the same person as the offender named in the prior conviction.
The original or a copy of the court records or a copy of the records maintained
by the Division of Criminal Information, the Division of Motor Vehicles, or of
the Administrative Office of the Courts, bearing the same name as that by which
the offender is charged, is prima facie evidence that the offender named
is the same person as the offender before the court, and that the facts set out
in the record are true. For purposes of this subsection, 'copy' includes
a paper writing containing a reproduction of a record maintained electronically
on a computer or other data processing equipment, and a document produced by a
facsimile machine. Evidence presented by either party at trial may be
utilized to prove prior convictions. Suppression of prior convictions is
pursuant to G.S. 15A-980. If a motion is made pursuant to that section
during the sentencing stage of the criminal action, either the State or the
offender is entitled to the court may grant a continuance of the
sentencing hearing."
PART 7. REVISE COMMUNITY PENALTIES ELIGIBILITY CRITERIA
Sec. 14. G.S 7A-771 reads as rewritten:
"§ 7A-771. Definitions.
As used in this Article:
(1) 'Community penalties program' means an agency within the judicial district which shall (i) prepare community penalty plans; (ii) arrange or contract with public and private agencies for necessary services for offenders; and (iii) monitor the progress of offenders placed on community penalty plans.
(2) 'Community penalty plan' means a plan presented in writing to the sentencing judge which provides a detailed description of the targeted offender's proposed community penalty.
(2a) 'Director' means the Director of the Administrative Office of the Courts.
(3) 'Judicial district' means a district court district as defined in G.S. 7A-133.
(4) Repealed by Session Laws 1991, c. 566, s. 4, effective July 1, 1991.
(5) 'Targeted offenders'
means persons convicted of misdemeanors, Class H felonies other than
involuntary manslaughter, or Class I or J felonies, who would be eligible for
intensive probation or house arrest, misdemeanors or felonies who are
eligible to receive an intermediate punishment based on their class of offense
and prior record level and who are facing an imminent and substantial
threat of imprisonment."
Sec. 15. G.S. 7A-773 reads as rewritten:
"§ 7A-773. Responsibilities of a community penalties program.
A community penalties program shall be responsible for:
(1) Targeting offenders who are eligible to receive an intermediate punishment based on their class of offense and prior record level and who face an imminent and substantial threat of imprisonment.
(2) Preparing detailed community penalty plans for presentation to the sentencing judge by the offender's attorney.
(3) Contracting or arranging with public or private agencies for services described in the community penalty plan.
(4) Monitoring the progress of offenders under community penalty plans."
PART 8. REVISE HABITUAL FELON LAW
Sec. 16. 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 death penalty or a sentence of life imprisonment is
imposed) the felon has been sentenced as a Class A, B1, or B2 felon) be
sentenced as a Class C felon. 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."
PART 9. PUNISH FAILURE TO COMPLY WITH CONTROL CONDITIONS BY PERSONS WITH COMMUNICABLE DISEASES
Sec. 17. G.S. 15A-1340.10 reads as rewritten:
"§ 15A-1340.10. Applicability of structured sentencing.
This Article applies to criminal offenses in North Carolina, other than impaired driving under G.S. 20-138.1 and failure to comply with control measures under G.S. 130A-25, that occur on or after October 1, 1994. This Article does not apply to violent habitual felons sentenced under Article 2B of Chapter 14 of the General Statutes."
Sec. 18. G.S. 130A-25 reads as rewritten:
"§ 130A-25. Misdemeanor.
(a) A person who violates
a provision of this Chapter or the rules adopted by the Commission or a local
board of health shall be guilty of a Class 1 misdemeanor.
(b) A person convicted
under this section for failure to obtain the treatment required by Part 3 or
Part 5 of Article 6 of this Chapter, or for violation of G.S. 130A-144(f)
or G.S. 130A-145 shall not be sentenced under Article 81B of Chapter 15A of
the General Statutes but shall instead be sentenced to a term of imprisonment
of no more than two years and shall serve any prison sentence in McCain
Hospital, Division of Prisons, Department of Correction, McCain, North
Carolina; the North Carolina Correctional Center for Women, Division of
Prisons, Department of Correction, Raleigh, North Carolina; or any other
confinement facility designated for this purpose by the Secretary of Correction
after consultation with the State Health Director. The Secretary of
Correction shall consult with the State Health Director concerning the medical
management of these persons.
(c) Notwithstanding G.S.
148-4.1, G.S. 148-13, or any other contrary provision of law, a person
imprisoned for failure to obtain the treatment required by Part 3 or Part 5
of Article 6 of this Chapter, or for violation of G.S. 130A-144(f) or G.S.
130A-145 shall not be released prior to the completion of the person's term of
imprisonment unless and until a determination has been made by the District
Court that release of the person would not create a danger to the public
health. This determination shall be made only after the medical
consultant of the confinement facility and the State Health Director, in
consultation with the local health director of the person's county of
residence, have made recommendations to the Court."
PART 10. CLASSIFY CERTAIN OFFENSES
Sec. 19. G.S 7A-456 reads as rewritten:
"§ 7A-456. False statements; penalty.
(a) A false material
statement made by a person under oath or affirmation in regard to the question
of his indigency constitutes perjury, and upon conviction thereof, the
defendant may be punished as provided in G.S. 14-209. a Class I felony.
(b) A judicial official
making the determination of indigency shall notify the person of the provisions
of subsection (a) of this section and shall explain to him the meaning of
and the consequences of committing the crime of perjury. section.
(c) Repealed by Session Laws 1987 (Reg. Sess., 1988), c. 1100, s. 11.1."
Sec. 20. G.S. 14-253 reads as rewritten:
"§ 14-253. Failure of certain railroad officers to account with successors.
If the president and directors of any railroad company, and
any person acting under them, shall, upon demand, fail or refuse to account
with the president and directors elected or appointed to succeed them, and to
transfer to them forthwith all the money, books, papers, choses in action,
property and effects of every kind and description belonging to such company,
they shall be guilty of a Class I felony. All persons conspiring with
any such president, directors or their agents to defeat, delay or hinder the
execution of this section shall be guilty of a Class 1 misdemeanor. The
Governor is hereby authorized, at the request of the president, directors and
other officers of any railroad company, to make requisition upon the governor
of any other state for the apprehension of any such president failing to comply
with this section."
Sec. 21. G.S. 14-277.4(b) reads as rewritten:
"(b) No person shall
injure or attempt or threaten to injure a person who is or has been:
(1) Obtaining health care services;
(2) Lawfully aiding another to obtain health care services; or
(3) Providing health care services."
Sec. 22. G.S. 54C-64 reads as rewritten:
"§ 54C-64. Prohibited practices.
A person who engages in any of the following acts or
practices is guilty of a Class 1 misdemeanor, and upon conviction thereof shall
be fined or imprisoned, or both, in the discretion of the court: misdemeanor:
(1) Defamation: Making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral, written, or printed statement that is false regarding the financial condition of any savings bank.
(2) False information and advertising: Making, publishing, disseminating, circulating, or otherwise placing before the public in any publication, media, notice, pamphlet, letter, poster, or any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the savings bank business or with respect to any person in the conduct of the savings bank business that is untrue, deceptive, or misleading.
(3) Misleading advertising: Use of a name or designation by a savings bank in advertisements, announcements, or statements concerning the savings bank that does not include the words 'savings bank' and the designation 'SSB' in type that is equally prominent with the other terms in the name or designation of the savings bank."
Sec. 23. G.S. 58-2-180 reads as rewritten:
"§ 58-2-180. Punishment for making false statement.
If any person in any financial or other statement required by
this Chapter willfully misstates information, that person making oath to or
subscribing the statement is guilty of perjury under G.S. 14-209; a
Class I felony; and the entity on whose behalf the person made the
oath or subscribed the statement is subject to a fine imposed by the court of
not less than two thousand dollars ($2,000) nor more than ten thousand dollars
($10,000)."
Sec. 24. G.S. 58-8-1 reads as rewritten:
"§ 58-8-1. Mutual insurance companies organized; requisites for doing business.
No policy may be issued by a mutual company until the
president and the secretary of the company have certified under oath that every
subscription for insurance in the list presented to the Commissioner for
approval is genuine, and made with an agreement with every subscriber for
insurance that he will take the policies subscribed for by him within 30 days
after the granting of a license to the company by the Commissioner to issue
policies. Any person making a false oath in respect to the certificate is
guilty of perjury under G.S. 14-209. a Class I felony."
Sec. 25. G.S. 58-24-180(d) reads as rewritten:
"(d) Any person violating
the provisions of G.S. 58-24-65 shall be guilty of a felony, and upon
conviction shall be liable to a fine of not more than fifteen thousand dollars
($15,000), or to imprisonment for not more than five years, or to both fine and
imprisonment. Class I felony."
Sec. 26. G.S. 74E-13(a) reads as rewritten:
"(a) No private person,
firm, association, or corporation, and no public institution, agency, or other
entity shall engage in, perform any services as, or in any way hold itself out
as a company police agency or engage in the recruitment or hiring of company
police officers without having first complied with the provisions of this
Chapter. Any person, firm, association, or corporation, or their agents and
employees violating any of the provisions of this Chapter shall be guilty of a misdemeanor
and punishable by a fine, imprisonment for a term not to exceed two years, or
both, in the discretion of the court. Class 1 misdemeanor."
Sec. 27. G.S. 77-57(b) reads as rewritten:
"(b) Violation of any
regulation of the Commission commanding or prohibiting an act shall be a misdemeanor
punishable by a fine not to exceed two hundred dollars ($200.00) or
imprisonment for not more than 30 days. Class 3 misdemeanor."
Sec. 28. G.S. 90-210.70(b) reads as rewritten:
"(b) Any person who willfully
violates any other provision of this Article shall be guilty of a misdemeanor
and shall be fined not less than five hundred dollars ($500.00), or shall be
imprisoned for not less than 30 days nor more than two years, or both. Class
1 misdemeanor. Each such violation shall constitute a separate
offense and may be prosecuted individually."
PART 11. REPEAL CERTAIN OFFENSES
Sec. 29. The following statutes which contain felony offenses are repealed:
(1) G.S. 14-20. Killing adversary in duel; aiders and abettors declared accessories.
(2) G.S. 14-43. Abduction of married women.
Sec. 30. The following statutes which contain misdemeanor offenses are repealed:
(1) G.S. 14-116. Fraudulent entry of horses at fairs.
(2) G.S. 14-133. Erecting artificial islands and lumps in public waters.
(3) G.S. 14-140. Certain fires to be guarded by watchman.
(4) G.S. 14-170. "Rental battery" defined; identification of rental storage batteries.
(5) G.S. 14-171. Defacing word "rental" prohibited.
(6) G.S. 14-172. Sale, etc., of rental battery prohibited.
(7) G.S. 14-173. Repairing another's rental battery prohibited.
(8) G.S. 14-174. Time limit on possession of rental battery without written consent.
(9) G.S. 14-175. Violation made misdemeanor.
(10) G.S. 14-176. Rebuilding storage batteries out of old parts and sale of, regulated.
(11) G.S. 14-195. Using profane or indecent language on passenger trains.
(12) G.S. 14-222. Refusal of witness to appear or to testify in investigations of lynchings.
(13) G.S. 14-310. Dance marathons and walkathons prohibited.
(14) G.S. 14-311. Penalty for violation.
(15) G.S. 14-312. Each day made separate offense.
(16) G.S. 14-356. Conspiring to blacklist employees.
(17) G.S. 14-389. Sale of Jamaica ginger.
(18) G.S. 14-396. Dogs on "Capitol Square" worrying squirrels.
(19) G.S. 14-397. Use of name of denominational college in connection with dance hall.
Sec. 31. G.S. 14-32.1 reads as rewritten:
"§ 14-32.1. Assaults on handicapped persons; punishments.
(a) For purposes of this section, a 'handicapped person' is a person who has:
(1) A physical or mental disability, such as decreased use of arms or legs, blindness, deafness, mental retardation or mental illness; or
(2) Infirmity
which would substantially impair that person's ability to defend himself.
(b) Any person
who assaults a handicapped person with a deadly weapon with intent to kill and
inflicts serious injury is guilty of a Class C felony.
(c) Any person
who assaults a handicapped person with a deadly weapon and inflicts serious
injury is guilty of a Class E felony.
(d) Any person
who assaults a handicapped person with a deadly weapon with intent to kill is
guilty of a Class E felony.
(e) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any aggravated assault or assault and battery on a handicapped person is guilty of a Class F felony. A person commits an aggravated assault or assault and battery upon a handicapped person if, in the course of the assault or assault and battery, that person:
(1) Uses a deadly weapon or other means of force likely to inflict serious injury or serious damage to a handicapped person; or
(2) Inflicts serious injury or serious damage to a handicapped person; or
(3) Intends to kill a handicapped person.
(f) Any person who commits a simple assault or battery upon a handicapped person is guilty of a Class 1 misdemeanor."
PART 12. SENTENCING FOR HABITUAL IMPAIRED DRIVING
Sec. 32. G.S. 20-138.5(b), as amended by Section 32 of Chapter 14 of the Session Laws of the 1994 Extra Session, reads as rewritten:
"(b) A person convicted of
violating this section shall be punished as a Class I G felon.
Sentences imposed under this subsection shall run consecutively with and shall
commence at the expiration of any sentence being served."
PART 13. N.C. SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION
Sec. 33. Section 3 of Chapter 1005 of the 1991 Session Laws reads as rewritten:
"Sec. 3. This act is effective upon ratification
and expires September 1, 1994. 1995."
PART 13A. CORRECTION OF EFFECTIVE DATE/TRESPASS AMENDMENTS
Sec. 33.1. (a) Section 2 of Chapter 659, Session Laws of 1993 reads as rewritten:
"Sec. 2. This act becomes effective December 1, 1993,
1994, and applies to offenses committed on or after that date."
(b) Section 2 of Chapter 862, Session Laws of 1991, as amended by Chapters 593 and 659 of the 1993 Session Laws reads as rewritten:
"Sec. 2. This act applies only to Iredell and
Rowan Counties., Iredell, Rowan, Stokes, Wilkes, and Yadkin
Counties."
PART 14. EFFECTIVE DATE
Sec. 34. Sections 13, 33, and 33.1 of this act are effective upon ratification. The remaining sections of this act become effective October 1, 1994. Prosecution for, or sentences based on, offenses occurring before the effective date of this act are not abated or affected by the repeal or amendment in this act of any statute, and the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act remain applicable to those prosecutions or sentences.
In the General Assembly read three times and ratified this the 16th day of July, 1994.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives