Bill Summary – FastDemocracy

H.B. 424
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                             Mar 25, 2021
                                      SESSION 2021                                     HOUSE PRINCIPAL CLERK
     H                                                                                                D
                                    HOUSE BILL DRH40249-ML-27
     Short Title:   Juveniles/Eliminate LWOP/Parole Eligibility.                                (Public)
     Sponsors:      Representative Faircloth.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO ELIMINATE LIFE WITHOUT PAROLE FOR JUVENILES AND TO MODIFY
     PAROLE ELIGIBILITY FOR JUVENILES SENTENCED TO MORE THAN FIFTEEN
     YEARS IMPRISONMENT.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 15A-1340.13(d) reads as rewritten:
     "(d) Service of Minimum Required; Earned Time Authorization. – An offender sentenced
 to an active punishment shall serve the minimum term imposed, except as provided in
 G.S. 15A-1340.18. G.S. 15A-1340.18 and Part 2A of this Article. The maximum term may be
 reduced to, but not below, the minimum term by earned time credits awarded to an offender by
 the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or the
 custodian of the local confinement facility, pursuant to rules adopted in accordance with law."
             SECTION 2. Part 2A of Article 81B of Chapter 15A of the General Statutes reads
 as rewritten:
   "Part 2A. Sentencing and Parole Eligibility for Minors Subject to Life Imprisonment Without
                                        Parole.Certain Minors.
 "§ 15A-1340.19A. Applicability.
     Notwithstanding the provisions of G.S. 14-17, a defendant who is convicted of first degree
 murder, and who was under the age of 18 at the time of the offense, shall be sentenced in
 accordance with this Part. For the purposes of this Part, "life imprisonment with parole" shall
 mean that the defendant shall serve a minimum of 25 years imprisonment prior to becoming
 eligible for parole.
 "§ 15A-1340.19B. Penalty and parole eligibility determination.
     (a)     In determining a sentence under this Part, the court shall do one of the following:
     (1)     If the sole basis for conviction of a count or each count of first degree murder was the
 felony murder rule, then the court shall sentence the defendant to life imprisonment with parole.
     (2)     If the court does not sentence the defendant pursuant to subdivision (1) of this
 subsection, then the court shall conduct a hearing to determine whether the defendant should be
 sentenced to life imprisonment without parole, as set forth in G.S. 14-17, or a lesser sentence of
 life imprisonment with parole.Notwithstanding the provisions of G.S. 14-17, Part 2 of this
 Article, and G.S. 15A-1371, a defendant who is convicted of first degree murder, and who was
 under the age of 18 at the time of the offense, shall be sentenced to life imprisonment with parole
 and shall be eligible for parole consideration after serving 25 years imprisonment.
     (b)     The hearing under subdivision (2) of subsection (a) of this section shall be conducted
 by the trial judge as soon as practicable after the guilty verdict is returned. The State and the
 defendant shall not be required to resubmit evidence presented during the guilt determination
                                    *DRH40249-ML-27*
     General Assembly Of North Carolina                                                      Session 2021
 phase of the case. Evidence, including evidence in rebuttal, may be presented as to any matter
 that the court deems relevant to sentencing, and any evidence which the court deems to have
 probative value may be received.Notwithstanding the provisions of G.S. 15A-1371, a defendant
 who was (i) convicted of a crime other than first degree murder, (ii) under the age of 18 at the
 time of the offense, and (iii) sentenced to more than 15 years imprisonment shall be eligible for
 parole consideration after serving 15 years imprisonment.
     (c)      The defendant or the defendant's counsel may submit mitigating circumstances to the
 court, including, but not limited to, the following factors:
              (1)     Age at the time of the offense.
              (2)     Immaturity.
              (3)     Ability to appreciate the risks and consequences of the conduct.
              (4)     Intellectual capacity.
              (5)     Prior record.
              (6)     Mental health.
              (7)     Familial or peer pressure exerted upon the defendant.
              (8)     Likelihood that the defendant would benefit from rehabilitation in
                      confinement.
              (9)     Any other mitigating factor or circumstance.
     (d)      The State and the defendant or the defendant's counsel shall be permitted to present
 argument for or against the sentence of life imprisonment with parole. The defendant or the
 defendant's counsel shall have the right to the last argument.
     (e)      The provisions of Article 58 of Chapter 15A of the General Statutes apply to
 proceedings under this Part.
 "§ 15A-1340.19C. Sentencing; assignment for resentencing.
     (a)      The court shall consider any mitigating factors in determining whether, based upon
 all the circumstances of the offense and the particular circumstances of the defendant, the
 defendant should be sentenced to life imprisonment with parole instead of life imprisonment
 without parole. The order adjudging the sentence shall include findings on the absence or
 presence of any mitigating factors and such other findings as the court deems appropriate to
 include in the order.
     (b)      All motions for appropriate relief filed in superior court seeking resentencing under
 the provisions of this Part may be heard and determined in the trial division by any judge (i) who
 is empowered to act in criminal matters in the superior court district or set of districts as defined
 in G.S. 7A-41.1, in which the judgment was entered and (ii) who is assigned pursuant to this
 section to review the motion for appropriate relief and take the appropriate administrative action
 to dispense with the motion.
     (c)      The judge who presided at the trial of the defendant is empowered to act upon the
 motion for appropriate relief even though the judge is in another district or even though the
 judge's commission has expired; however, if the judge who presided at the trial is still unavailable
 to act, the senior resident superior court judge shall assign a judge who is empowered to act under
 subsection (b) of this section.
     (d)      All motions for appropriate relief filed in superior court seeking resentencing under
 the provisions of this Part shall, when filed, be referred to the senior resident superior court judge,
 who shall assign the motion as provided by this section for review and administrative action,
 including, as may be appropriate, dismissal, calendaring for hearing, entry of a scheduling order
 for subsequent events in the case, or other appropriate actions.
 "§ 15A-1340.19D. Incidents of parole.
     (a)      Except as otherwise provided in this section, a defendant sentenced to life
 imprisonment with parole eligible for parole consideration under this Part shall be subject to the
 conditions and procedures set forth in Article 85 of Chapter 15A of the General Statutes,
 including the notification requirement in G.S. 15A-1371(b)(3).
     Page 2                                                                            DRH40249-ML-27
     General Assembly Of North Carolina                                                    Session 2021
     (b)     The term of parole for a person released from imprisonment from a sentence of life
 imprisonment with parole based on parole consideration pursuant to this Part shall be five years
 and may not be terminated earlier by the Post-Release Supervision and Parole Commission.
     (c)     A defendant sentenced to life imprisonment with parole who is paroled, and paroled
 pursuant to this Part, and who then violates a condition of parole and is returned to prison to serve
 the life remainder of his or her sentence, shall not be eligible for parole for five years from the
 date of the return to confinement.
     (d)     Life imprisonment with parole under this Part means that unless the defendant
 receives parole, the defendant shall remain imprisoned for the defendant's natural life."
             SECTION 3. G.S. 15A-1371(a) reads as rewritten:
     "(a) Eligibility. – Unless his sentence includes a minimum sentence, a prisoner serving a
 term of imprisonment for a conviction of impaired driving under G.S. 20-138.1 other than one
 included in a sentence of special probation imposed under authority of this Subchapter is eligible
 for release on parole at any time. A prisoner whose sentence includes a minimum term of
 imprisonment imposed under authority of this Subchapter is eligible for release on parole only
 upon completion of the service of that minimum term or one fifth of the maximum penalty
 allowed by law for the offense for which the prisoner is sentenced, whichever is less, less any
 credit allowed under G.S. 15A-1355(c) and Article 19A of Chapter 15 of the General Statutes. A
 prisoner sentenced under the Fair Sentencing Act for a Class D through Class J felony, who meets
 the criteria established pursuant to this section, is eligible for parole consideration after
 completion of the service of at least 20 years imprisonment less any credit allowed under
 applicable State law. A prisoner who is sentenced under the Fair Sentencing Act, and who was
 under the age of 18 at the time of the offense, shall be eligible for parole consideration after
 completion of 20 years imprisonment."
             SECTION 4. This act becomes effective December 1, 2021, and applies to offenses
 committed on or after that date.
     DRH40249-ML-27                                                                               Page 3
Statutes affected: 
Filed: 15A-1340.13, 15A-1371
Edition 1: 15A-1340.13, 15A-1371