Bill Text: NC S105 | 2011-2012 | Regular Session | Amended
Bill Title: Increase Penalties/Murder and DWI Deaths
Spectrum: Slight Partisan Bill (Republican 11-5)
Status: (Passed) 2012-07-12 - Ch. SL 2012-165 [S105 Detail]
Download: North_Carolina-2011-S105-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 105
Short Title: Increase Penalty/2nd Degree Murder. |
(Public) |
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Sponsors: |
Senators Jones, Rouzer, Newton; D. Berger, Bingham, Brock, Clary, Clodfelter, Goolsby, Hise, Hunt, Jackson, Meredith, Purcell, Tucker, and Vaughan. |
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Referred to: |
Judiciary II. |
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February 23, 2011
A BILL TO BE ENTITLED
AN ACT to increase the penalty for second degree murder to a b1 felony.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑17 reads as rewritten:
"§ 14‑17. Murder in the first and second degree defined; punishment.
A murder which shall be perpetrated by means of a nuclear,
biological, or chemical weapon of mass destruction as defined in G.S. 14‑288.21,
poison, lying in wait, imprisonment, starving, torture, or by any other kind of
willful, deliberate, and premeditated killing, or which shall be committed in
the perpetration or attempted perpetration of any arson, rape or a sex offense,
robbery, kidnapping, burglary, or other felony committed or attempted with the
use of a deadly weapon shall be deemed to be murder in the first degree, a
Class A felony, and any person who commits such murder shall be punished with
death or imprisonment in the State's prison for life without parole as the
court shall determine pursuant to G.S. 15A‑2000, except that any
such person who was under 18 years of age at the time of the murder shall be
punished with imprisonment in the State's prison for life without parole. All
other kinds of murder, including that which shall be proximately caused by the
unlawful distribution of opium or any synthetic or natural salt, compound,
derivative, or preparation of opium, or cocaine or other substance described in
G.S. 90‑90(1)d., or methamphetamine, when the ingestion of such
substance causes the death of the user, shall be deemed murder in the second degree,
and any person who commits such murder shall be punished as a Class B2
felon.Class B1 felon."
SECTION 2. This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.