Bill Text: NC S150 | 2011-2012 | Regular Session | Amended
Bill Title: Amend Drug Trafficking Sentence
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-03-01 - Ref To Com On Judiciary II [S150 Detail]
Download: North_Carolina-2011-S150-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 150
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Short Title: Amend Drug Trafficking Sentence. |
(Public) |
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Sponsors: |
Senators Kinnaird; and McKissick. |
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Referred to: |
Judiciary II. |
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March 1, 2011
A BILL TO BE ENTITLED
AN ACT to amend the law regarding the sentence that may be imposed on certain persons convicted of a drug trafficking offense.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑95(h)(5) reads as rewritten:
"(5) Except as provided in this subdivision, a
person being sentenced under this subsection may not receive a suspended
sentence or be placed on probation. The sentencing judge may reduce the fine,
or impose a prison term less than the applicable minimum prison term provided
by this subsection, or suspend the prison term imposed and place a person on
probation when such when the sentencing judge finds that the person
meets the criteria set out in either G.S. 90‑95(h)(5)a. or G.S. 90‑95(h)(5)b.
and enters that finding in the record:
a. The person has, to the best of his or
her knowledge, provided substantial assistance in the identification,
arrest, or conviction of any accomplices, accessories, co‑conspirators,
or principals if the sentencing judge enters in the record a finding that
the person to be sentenced has rendered such substantial assistance.principals;
or
b. The person has no prior convictions for crimes that produced or threatened serious bodily harm; has no prior felony convictions for the manufacture, sale, delivery, or possession of controlled substances as defined in this Article; and the sentencing judge finds by a preponderance of the evidence that the person: (i) did not possess a firearm during the commission of the offense; (ii) played a minimal role in the drug scheme that led to the offense; (iii) carried out the offense at the direction of another; and (iv) stood to receive substantially less pecuniary gain from the offense than the person who directed the commission of the offense."
SECTION 2. This act becomes effective December 1, 2011.
