GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
S 1
SENATE BILL 2067
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Short Title: Even Out Prior Criminal Record Point Ranges. |
(Public) |
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Sponsors: |
Senator Kinnaird. |
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Referred to: |
Judiciary I (Civil). |
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May 28, 2008
A BILL TO BE ENTITLED
AN ACT to restructure the prior record level point ranges in order to expand the points in prior record level i and to even out the remaining ranges.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑1340.14(c) reads as rewritten:
"(c) Prior Record Levels for Felony Sentencing. – The prior record levels for felony sentencing are:
(1) Level I – 0 points.Not more than 1 point.
(2) Level II – At least 1,2, but not more
than 4 points.5 points.
(3) Level III – At least 5,6, but not more
than 8 points.9 points.
(4) Level IV – At least 9,10, but not more
than 14 points.13 points.
(5) Level V – At least 15,14, but not more
than 18 points.17 points.
(6) Level VI – At least 19 points.18 points.
In determining the prior record level, the classification of a prior offense is the classification assigned to that offense at the time the offense for which the offender is being sentenced is committed."
SECTION 2. G.S. 15A‑1340.17(c) reads as rewritten:
"(c) Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. – The authorized punishment for each class of offense and prior record level is as specified in the chart below. Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offense are indicated by the letters placed vertically on the left side of the chart. Each cell on the chart contains the following components:
(1) A sentence disposition or dispositions: "C" indicates that a community punishment is authorized; "I" indicates that an intermediate punishment is authorized; "A" indicates that an active punishment is authorized; and "Life Imprisonment Without Parole" indicates that the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(2) A presumptive range of minimum durations, if the sentence of imprisonment is neither aggravated or mitigated; any minimum term of imprisonment in that range is permitted unless the court finds pursuant to G.S. 15A‑1340.16 that an aggravated or mitigated sentence is appropriate. The presumptive range is the middle of the three ranges in the cell.
(3) A mitigated range of minimum durations if the court finds pursuant to G.S. 15A‑1340.16 that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the mitigated range is permitted. The mitigated range is the lower of the three ranges in the cell.
(4) An aggravated range of minimum durations if the court finds pursuant to G.S. 15A‑1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the aggravated range is permitted. The aggravated range is the higher of the three ranges in the cell.
PRIOR RECORD LEVEL
I II III IV V VI
0 Pts 1‑4 Pts 5‑8
Pts 9‑14 Pts 15‑18 Pts 19+ Pts
0‑1 Pt 2‑5 Pts 6‑9 Pts 10‑13 Pts 14‑17 Pts 18+ Pts
A Life Imprisonment Without Parole or Death as Established by Statute
A A A A A A DISPOSITION
240‑300 288‑360 336‑420 384‑480 Life Imprisonment Aggravated
Without Parole
B1 192‑240 230‑288 269‑336 307‑384 346‑433 384‑480 PRESUMPTIVE
144‑192 173‑230 202‑269 230‑307 260‑346 288‑384 Mitigated
A A A A A A DISPOSITION
157‑196 189‑237 220‑276 251‑313 282‑353 313‑392 Aggravated
B2 125‑157 151‑189 176‑220 201‑251 225‑282 251‑313 PRESUMPTIVE
94‑125 114‑151 132‑176 151‑201 169‑225 188‑251 Mitigated
A A A A A A DISPOSITION
73‑92 100‑125 116‑145 133‑167 151‑188 168‑210 Aggravated
C 58‑73 80‑100 93‑116 107‑133 121‑151 135‑168 PRESUMPTIVE
44‑58 60‑80 70‑93 80‑107 90‑121 101‑135 Mitigated
A A A A A A DISPOSITION
64‑80 77‑95 103‑129 117‑146 133‑167 146‑183 Aggravated
D 51‑64 61‑77 82‑103 94‑117 107‑133 117‑146 PRESUMPTIVE
38‑51 46‑61 61‑82 71‑94 80‑107 88‑117 Mitigated
I/A I/A A A A A DISPOSITION
25‑31 29‑36 34‑42 46‑58 53‑66 59‑74 Aggravated
E 20‑25 23‑29 27‑34 37‑46 42‑53 47‑59 PRESUMPTIVE
15‑20 17‑23 20‑27 28‑37 32‑42 35‑47 Mitigated
I/A I/A I/A A A A DISPOSITION
16‑20 19‑24 21‑26 25‑31 34‑42 39‑49 Aggravated
F 13‑16 15‑19 17‑21 20‑25 27‑34 31‑39 PRESUMPTIVE
10‑13 11‑15 13‑17 15‑20 20‑27 23‑31 Mitigated
I/A I/A I/A I/A A A DISPOSITION
13‑16 15‑19 16‑20 20‑25 21‑26 29‑36 Aggravated
G 10‑13 12‑15 13‑16 16‑20 17‑21 23‑29 PRESUMPTIVE
8‑10 9‑12 10‑13 12‑16 13‑17 17‑23 Mitigated
C/I/A I/A I/A I/A I/A A DISPOSITION
6‑8 8‑10 10‑12 11‑14 15‑19 20‑25 Aggravated
H 5‑6 6‑8 8‑10 9‑11 12‑15 16‑20 PRESUMPTIVE
4‑5 4‑6 6‑8 7‑9 9‑12 12‑16 Mitigated
C C/I I I/A I/A I/A DISPOSITION
6‑8 6‑8 6‑8 8‑10 9‑11 10‑12 Aggravated
I 4‑6 4‑6 5‑6 6‑8 7‑9 8‑10 PRESUMPTIVE
3‑4 3‑4 4‑5 4‑6 5‑7 6‑8 Mitigated"
SECTION 3. This act becomes effective December 1, 2008, and applies to offenses committed on or after that date.