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NC S589
Bill
Status
3/26/2015
Primary Sponsor
Jeffrey Jackson
Click for details
AI Summary
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Clarifies the definition of "felony offense" for purposes of the habitual felon law to include four categories: felonies under North Carolina law, felonies under another state's law with guilty plea or conviction regardless of sentence imposed, crimes from non-felony states punishable by more than one year imprisonment with guilty plea or conviction, and federal felonies (excluding federal intoxicating liquor offenses).
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Maintains that a person convicted of or pleading guilty to three felony offenses in any federal or state court is declared a habitual felon and may be charged as a status offender.
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Preserves existing provisions that felonies committed before age 18 count as only one felony, subsequent felonies must be committed after conviction of prior ones, pre-July 6, 1967 convictions do not count, and pardoned felonies do not count.
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Shifts burden of proof to defendant to establish that a pardon was extended for a felony conviction.
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Becomes effective upon enactment.
Legislative Description
Habitual Felons/Clarify Previous Convictions
Last Action
Re-ref Com On Judiciary I
4/9/2015