NC S105

Increases penalty for second degree murder to Class B1 felony, except when the malice is based on an inherently dangerous reckless act or when caused by unlawful drug distribution, which remain Class B2 felonies.

Creates graduated penalties for deaths caused by driving while impaired: repeat felony death by vehicle is Class B2 felony, felony death by vehicle is Class D felony, and aggravated felony death by vehicle is Class D felony.

Requires courts to sentence defendants in the aggravated range for aggravated felony death by vehicle cases notwithstanding normal sentencing guidelines.

Allows intermediate punishment for Prior Record Level I offenders convicted of felony death by vehicle.

Effective December 1, 2012 for sections relating to murder and DWI deaths; remainder effective upon enactment.