GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 65
Short Title: Req Active Time Felony Death MV/Boat. |
(Public) |
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Sponsors: |
Representatives Pittman, Speciale, C. Graham, and Jackson (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Judiciary II |
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February 9, 2017
A BILL TO BE ENTITLED
AN ACT To require active time for a conviction of felony death by Vehicle or felony death by impaired boating.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑141.4(b) reads as rewritten:
"(b) Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:
(1) Repeat felony death by vehicle is a Class B2 felony.
(1a) Aggravated felony death by vehicle is a Class D felony. Notwithstanding the provisions of G.S. 15A‑1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.
(2) Felony death by vehicle is a Class D felony. Notwithstanding the provisions of G.S. 15A‑1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender. Any intermediate punishment issued pursuant to this subdivision shall include special probation with a continuous period of confinement of one‑fourth the maximum sentence of imprisonment imposed for the offense. Notwithstanding G.S. 15A‑1351, the continuous period of confinement imposed may be for a period of up to 27 months.
(3) Aggravated felony serious injury by vehicle is a Class E felony.
(4) Felony serious injury by vehicle is a Class F felony.
(5) Misdemeanor death by vehicle is a Class A1 misdemeanor."
SECTION 2. G.S. 75A‑10.3(f) reads as rewritten:
"(f) Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:
(1) Repeat death by impaired boating is a Class B2 felony.
(2) Aggravated death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A‑1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.
(3) Death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A‑1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender. Any intermediate punishment issued pursuant to this subdivision shall include special probation with a continuous period of confinement of one‑fourth the maximum sentence of imprisonment imposed for the offense. Notwithstanding G.S. 15A‑1351, the continuous period of confinement imposed may be for a period of up to 27 months.
(4) Aggravated serious injury by impaired boating is a Class E felony.
(5) Serious injury by impaired boating is a Class F felony."
SECTION 3. This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.