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NORTH CAROLINA
SENTENCING
AND
POLICY ADVISORY
COMMISSION
REPORT # 3 ON PROPOSED LEGISLATION
PURSUANT TO N. C. G. S. 164- 43
SUBMITTED TO THE 2009 SESSION OF THE
NORTH CAROLINA GENERAL ASSEMBLY
JUNE 2009
THE HONORABLE W. ERWIN SPAINHOUR
CHAIRMAN
SUSAN KATZENELSON
EXECUTIVE DIRECTOR
NC SENTENCING AND POLICY ADVISORY COMMISSION
MEMBERSHIP
Hon. W. Erwin Spainhour, Chairman
Superior Court Judge
Dr. David Barlow
Professor, Fayetteville State University
Thomas Bennett
NC Victim Assistance Network
Sheriff Hayden Bentley
NC Sheriffs’ Association
Hon. Stan Bingham
State Senator
Hon. Alice L. Bordsen
State Representative
Judge Charles E. Brown
NC District Court Judges’ Association
Joseph B. Cheshire V
NC Advocates for Justice
Locke T. Clifford
NC Bar Association
Louise Davis
NC Community Sentencing Association
Judge Richard A. Elmore
NC Court of Appeals
Judge Robert C. Ervin
NC Conference of Superior Court Judges
Hon. Paul H. Gibson
NC Association of County Commissioners
Linda Hayes
NC Department of Juvenile Justice and
Delinquency Prevention
William P. Hart
NC Attorney General’s Office
Mary Y. “ Larry” Hines
Private Citizen, Governor’s Appointee
Hon. Robert F. Johnson
NC Conference of District Attorneys
Alvin Keller, Jr.
NC Department of Correction
Hon. Eleanor Kinnaird
State Senator
Charles Mann
NC Post- Release Supervision & Parole
Commission
Moe McKnight
NC Retail Merchants’ Association
Luther T. Moore
Lieutenant Governor’s Appointee
Judge Fred G. Morrison, Jr.
Justice Fellowship
Chief Frank Palombo
NC Association of Chiefs of Police
June Ray
NC Association of Clerks of Superior Court
Billy J. Sanders
Commission Chairman’s Appointee
Hon. John J. Snow, Jr.
State Senator
Hon. Timothy L. Spear
State Representative
Jonathan Williams
NC Dept. of Crime Control & Public Safety
Vacant
State Representative
NC SENTENCING AND POLICY ADVISORY COMMISSION
STAFF
Susan Katzenelson
Executive Director
John Madler
Associate Director for Policy, Staff Attorney
Ginny Hevener
Associate Director for Research
Karen Calhoun Tamara Flinchum
Senior Research & Policy Associate Senior Research & Policy Associate
Marlee Moore- Gurrera, Ph. D. Ashleigh Gallagher, Ph. D.
Senior Research & Policy Associate Research & Policy Associate
David Lagos Sara Thomas
Research & Policy Associate Research & Policy Associate
Vicky Etheridge
Administrative Assistant
P. O. Box 2472
Raleigh, NC 27602
( 919) 890- 1470
http:// www. nccourts. org/ courts/ crs/ councils/ spac
NORTH CAROLINA SENTENCING AND POLICY ADVISORY
COMMISSION
REPORT ON PROPOSED LEGISLATION
PURSUANT TO G. S. 164- 43
This report by the Sentencing Commission includes all bills introduced or amended through June 10,
2009. The report is submitted in conformance with the following requirements of G. S. 164- 43:
( e) Upon adoption of a system for the classification of offenses formulated pursuant to G. S. 164- 41, the
Commission or its successor shall review all proposed legislation which creates a new criminal offense,
changes the classification of an offense, or changes the range of punishment for a particular classification, and
shall make recommendations to the General Assembly.
( f) In the case of a new criminal offense, the Commission or its successor shall determine whether the proposal
places the offense in the correct classification, based upon the considerations and principles set out in G. S.
164- 41. If the proposal does not assign the offense to a classification, it shall be the duty of the Commission
or its successor to recommend the proper classification placement.
( g) In the case of proposed changes in the classification of an offense or changes in the range of punishment
for a classification, the Commission or its successor shall determine whether such a proposed change is
consistent with the considerations and principles set out in G. S. 164- 41, and shall report its findings to the
General Assembly.
( h) The Commission or its successor shall meet within 10 days after the last day for filing general bills in the
General Assembly for the purpose of reviewing bills as described in subsections ( e), ( f) and ( g). The
Commission or its successor shall include in its report on a bill an analysis based on an application of the
correctional population simulation model to the provisions of the bill.
A one page summary is included for each bill ( or each relevant section of a bill) which either creates a
new crime, changes the classification of an existing crime, or prescribes a new range of punishments.
The summary provides the bill number, the short title, and a brief description. At the bottom of the
summary is an analysis and a finding of whether the bill appears consistent with the Commission’s
classification criteria as specified in G. S. 164- 41 ( see following pages for a description of the criteria).
Following the summary is an analysis of the projected impact of the bill ( a more detailed impact analysis
is provided to the Fiscal Research Division). The impact estimates assume an effective date of
December 1, 2009.
These summaries may not reflect the most recent bill amendments or committee substitutes. The date
on which each individual summary was prepared is shown on the bottom left hand corner of each
summary page. Changes made after this date are not reflected in this report.
The bills included in this report were reviewed by the North Carolina Sentencing and Policy Advisory
Commission on June 12, 2009.
The fact that the Commission found a bill to be either consistent or inconsistent with the structured
sentencing offense classification criteria does not imply either support for or opposition to the bill. In
this report, the Commission has taken no position on the merits of any bill other than those specifically
proposed by the Commission.
THE OFFENSE CLASSIFICATION CRITERIA
The Sentencing Commission was required by G. S. 164- 41 to " classify criminal offenses into felony and
misdemeanor categories on the basis of their severity." The Commission developed a classification
criteria to guide the classification process and to ensure that there was a systematic and rational basis for
the classifications. The Commission decided that the severity of an offense should be directly related to
the harm to the victim that normally results or tends to result from the criminal conduct.
The Commission defined three general types of harms: 1) harms to person ( including both physical and
mental injury); 2) harms to property; and 3) harms to society ( violations of public order and welfare,
violations of judicial or governmental operations, and/ or violations of public morality). Through
considerable discussion and debate, the Commission grouped these harms into a ten- level hierarchy
which served as the basis for the Commission's classifications ( refer to the classification criteria on the
following page). Once the classification criteria was established, the Commission reviewed the
individual elements of all felonies in North Carolina and assigned each felony to a specific offense class
based on how closely the elements of the crime matched the classification criteria.
The purpose of establishing the classification criteria was to create a rational and consistent
philosophical basis for classifying offenses; to assure proportionality in severity; and to provide a
guidepost for classifying new crimes in the future.
Under the classification criteria, the most serious offense classes ( A through F) primarily involve
personal injury, the risk of personal injury, serious societal injury or widespread societal injury. The
lower offense levels ( G through I) primarily involve property loss or less serious societal injury. The
degree of harm is divided into three levels; injury to person, property or society; significant injury to
person, property or society; and serious injury to person, property or society.
The Commission also assigned misdemeanor offenses to four classes: class A1, class 1, class 2 or class
3. The Commission did not create classification criteria for misdemeanors but relied on the maximum
sentences previously set by the General Assembly. Generally, crimes which had previously been
punishable by over six months were made class 1 misdemeanors, those previously punishable by more
than 30 days and up to six months were made class 2 misdemeanors, and those previously punishable by
30 days or less were made class 3 misdemeanors. Assaultive misdemeanors were made Class A1
misdemeanors.
In 2004, the General Assembly noted that there were criteria for the classification of felony offenses but
not for misdemeanor offenses. It asked the Commission to study the classification of misdemeanor
offenses and to develop a system for classifying them on the basis of their severity.
The Commission developed a misdemeanor offense classification system based on the type and degree
of harm that results or tends to result from an offense ( refer to the classification criteria on the following
pages). This is similar to the felony offense classification system. It uses the same types of harm
( person, property, and society) and degrees of harm ( serious, significant, and minor). The Commission
divided the criteria into four groups to conform to the four misdemeanor offense classes. The
misdemeanor criteria are separate from the felony criteria because the harms that result from the
misdemeanor offenses are viewed as being separate from the harms that result from the felony offenses.
The Commission then reviewed the most frequently convicted misdemeanor offenses and recommended
reclassifying some of them based on a comparison of the elements of the crimes to the criteria. The
Commission also decided that it would use the misdemeanor offense classification criteria for the
classification of all new misdemeanor offenses and the reclassification of existing misdemeanor offenses
proposed in the future. This report includes a comparison of offenses proposed in this session to the
misdemeanor offense classification criteria.
FELONY OFFENSE CLASSIFICATION CRITERIA*
CLASS CRITERIA
A Reserved for First Degree Murder
[ Reasonably tends to result or does result in:]
B Serious debilitating long- term personal injury
C Serious long- term personal injury
Serious long- term or widespread societal injury
D Serious infringements on property interest which also implicate physical safety concerns
by use of a deadly weapon or an offense involving an occupied dwelling
E Serious personal injury
F Significant personal injury
Serious societal injury
G Serious property loss
Loss from the person or the person’s dwelling
H Serious property loss:
Loss from any structure designed to house or secure any activity or property
Loss occasioned by the taking or removing of property
Loss occasioned by breach of trust, formal or informal
��� Personal injury
Significant societal injury
I Serious property loss:
All other felonious property loss
Societal injury
M All other misdemeanors
* Personal injury includes both physical and mental injury.
Societal injury includes violations of public morality, judicial or government operations, and/ or public order and welfare.
Note: The criteria were not used in the classification of the homicide offenses or drug offenses.
MISDEMEANOR OFFENSE CLASSIFICATION CRITERIA*
CLASS CRITERIA
[ A misdemeanor offense that reasonably tends to result or does result in:]
A1 ( a) Serious injury to person
( b) Battery of a person who is a vulnerable victim or a member of a protected class
1 ( a) Significant injury to person
( b) Serious injury to property
( c) Serious injury to society
2 ( a) Significant injury to property
( b) Significant injury to society
( c) Assault or affray against a person who is a vulnerable victim or a member of a
protected class
3 ( a) Minor injury to person
( b) Minor injury to property
( c) Minor injury to society
* Personal injury includes both physical and mental injury.
Societal injury includes violations of public morality, judicial or government operations, and/ or public order and welfare.
Note: The criteria were not used in the classification of the drug offenses, impaired driving offenses, or homicide offenses.
TABLE OF CONTENTS
HB 323 – Prevent Theft of Scrap Metals [ Ed. 3]......................................................................................... 1
HB 440 – The Nicholas Adkins School Bus Safety Act [ Ed. 3] ................................................................. 7
HB 471 – Selling Motor Vehicle Registration Unlawful [ Ed. 2] ................................................................ 8
HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ............................................................................... 9
HB 722 – Paraphernalia Control Act [ Ed. 4]............................................................................................. 15
HB 836 – Removal of Electronic Monitoring Device [ Ed. 2] ................................................................... 57
HB 885 – Targeted Picketing [ Ed. 3] ........................................................................................................ 21
HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1]............................................................. 22
HB 1242 – Youthful Offender Sentence Review [ Ed. 2] .......................................................................... 26
HB 1255 – Sex Offenders/ Permanent No Contact Order [ Ed. 2].............................................................. 27
HB 1256 – Larceny of a Motor Vehicle Part [ Ed. 3]................................................................................. 28
HB 1287 – Recycle Products Containing Mercury [ Ed. 4] ....................................................................... 30
HB 1317 – Sex Offender Registry Changes [ Ed. 2] .................................................................................. 34
HB 1332 – Create Criminal Offense of Felony Affray [ Ed. 2] ................................................................. 39
HB 1378 – Clean Marinas/ Pumpout Stations [ Ed. 3]................................................................................ 41
HB 1404 – Naturopathic Doctors Licensing Act [ Ed. 1]........................................................................... 43
HB 1444 – Limited Hunting Privilege/ Nonviolent Felons [ Ed. 2]............................................................ 44
HB 1583 – DOT Vegetation Removal Changes [ Ed. 1]............................................................................ 46
HB 1606 – Adjust Prior Record Point Levels [ Ed. 1] ............................................................................... 52
HB 1607 – Adjust B1- E Felony Penalties [ Ed. 1] ..................................................................................... 53
SB 167 – No Smoking/ Cell Phones on Prison Grounds [ Ed. 2]................................................................ 54
SB 713 – Removal of Electronic Monitoring Device [ Ed. 3].................................................................... 57
SB 990 – Increase Penalty/ Timber Theft [ Ed. 3]....................................................................................... 60
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
1
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3]
STATUTE
§ 66- 11. Dealing in regulated metals property; penalties.
DESCRIPTION
Subsection ( d)( 3) ( first offense):
A person who
1. is a secondary metals recycler
2. purchases any central air conditioner evaporator coils or condensers, or catalytic converters
3. that are not attached to a vehicle.
PROPOSED OFFENSE CLASS
First offense, Class 1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
Proposed G. S. 66- 11( d)( 3) further provides that a secondary metals recycler may purchase such items
from a company, contractor, or individual that is in the business of installing, replacing, maintaining, or
removing these items, provided the secondary metals recycler is prohibited from paying cash or making
payment of any kind for any central air conditioner evaporator coil or condenser in whole or in part or a
catalytic converter that is not attached to a vehicle.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
2
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d)
STATUTE
§ 66- 11. Dealing in regulated metals property; penalties.
DESCRIPTION
Subsection ( d)( 3) ( second and subsequent offenses):
A person who
1. is a secondary metals recycler
2. purchases any central air conditioner evaporator coils or condensers, or catalytic converters
3. that are not attached to a vehicle.
PROPOSED OFFENSE CLASS
Second and subsequent offenses, Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level.
Proposed G. S. 66- 11( d)( 3) further provides that a secondary metals recycler may purchase such items
from a company, contractor, or individual that is in the business of installing, replacing, maintaining, or
removing these items, provided the secondary metals recycler is prohibited from paying cash or making
payment of any kind for any central air conditioner evaporator coil or condenser in whole or in part or a
catalytic converter that is not attached to a vehicle.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with
structured sentencing.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
3
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d)
STATUTE
§ 66- 11. Dealing in regulated metals property; penalties.
DESCRIPTION
Subsection ( d)( 4) ( first offense):
A person who
1. is a secondary metals recycler
2. purchases a nonferrous metal property
3. not listed in subdivision ( 5) of this section
4. for any cash consideration greater than one hundred dollars per transaction.
PROPOSED OFFENSE CLASS
First offense, Class 1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in
significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors.
Proposed G. S. 66- 11( d)( 4) further provides that a secondary metals recycler may purchase other nonferrous metal
property for an amount in excess of one hundred dollars if the payment is made by check, money order, or a cash
card system that captures the photograph of the person selling the nonferrous metal if the secondary metals
recycler maintains the photograph for 90 days.
The metals listed in subsection ( d)( 5) include: any regulated metal marked with the initials or other identification
of a telephone, cable, electric, water, or other public utility, or any brewer, any utility access cover, any street light
pole or fixture, any road or bridge guard rail, any highway or street sign, any water meter cover, any metal beer
keg, including any made of stainless steel that is clearly marked as being the property of the beer manufacturer,
any traffic directional or control sign, any traffic light signal, any regulated metal marked with the name of a
government entity, any property owned by a railroad and marked and otherwise identified as such, or any
historical marker or any grave marker or burial vase.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
4
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d)
STATUTE
§ 66- 11. Dealing in regulated metals property; penalties.
DESCRIPTION
Subsection ( d)( 4) ( second and subsequent offenses):
A person who
1. is a secondary metals recycler
2. purchases a nonferrous metal property
3. not listed in subdivision ( 5) of this section
4. for any cash consideration greater than one hundred dollars per transaction.
PROPOSED OFFENSE CLASS
Second and subsequent offenses, Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with
structured sentencing.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
5
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d)
STATUTE
§ 66- 11. Dealing in regulated metals property; penalties.
DESCRIPTION
Subsection ( d)( 5) ( first offense):
A person who
1. is a secondary metals recycler
2. purchases any of the statutorily prescribed regulated metals property,
3. except as provided by G. S. 66- 11( g).
PROPOSED OFFENSE CLASS
First offense, Class 1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in
significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors.
Proposed G. S. 66- 11( d)( 5) provides the following list of regulated metals property: any regulated metal marked
with the initials or other identification of a telephone, cable, electric, water, or other public utility, or any brewer,
any utility access cover, any street light pole or fixture, any road or bridge guard rail, any highway or street sign,
any water meter cover, any metal beer keg, including any made of stainless steel that is clearly marked as being
the property of the beer manufacturer, any traffic directional or control sign, any traffic light signal, any regulated
metal marked with the name of a government entity, any property owned by a railroad and marked and otherwise
identified as such, or any historical marker or any grave marker or burial vase.
Proposed G. S. 66- 11( g) states that this section does not apply to ( 1) purchases of regulated metals property from a
manufacturing, industrial, government, or other commercial vendor that generates or sells regulated metals
property in the ordinary course of its business; or ( 2) purchases of regulated metals property that involve only
beverage containers.
The Legislative Review Subcommittee reviewed a similar provision in House Bill 323, Ed. 1 on May 1, 2009, and
found it to be consistent with the Offense Classification Criteria for a Class 1 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
6
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d)
STATUTE
§ 66- 11. Dealing in regulated metals property; penalties.
DESCRIPTION
Subsection ( d)( 5) ( second and subsequent offenses):
A person who
1. is a secondary metals recycler
2. purchases any of the statutorily prescribed regulated metals property,
3. except as provided by G. S. 66- 11( g).
PROPOSED OFFENSE CLASS
Second and subsequent offenses, Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level.
This provision is substantially similar to a provision in House Bill 323, Ed. 1, reviewed by the
Legislative Review Subcommittee in May 2009. The subcommittee found the classification to be
inconsistent with the Offense Classification Criteria, with a note that the Structured Sentencing
punishment chart takes a defendant’s prior record into account through the Prior Record Level, and
increasing the offense class based on prior convictions is inconsistent with structured sentencing.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with
structured sentencing.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
7
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 440 – The Nicholas Adkins School Bus Safety Act [ Ed. 3]
STATUTE
§ 20- 217. Motor vehicles to stop for properly marked and designated school buses in certain instances;
evidence of identity of driver.
DESCRIPTION
Subsection ( g):
A person who
1. is a driver of a vehicle
2. and willfully
3. proceeds to move, pass, or attempt to pass
4. a school bus displaying its mechanical stop signal or red flashing lights, which is stopped for the
purpose of receiving or discharging passengers
5. before the mechanical stop signal is withdrawn, the red flashing lights are turned off, and the school
bus has begun to move,
6. striking and causing the death of any person.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from any structure designed to house or secure any activity or property, loss occasioned by
the taking or removing of property or by breach of trust, formal or informal, in personal injury, or in
significant societal injury as Class H felonies.
Currently, G. S. 20- 217( g) provides that any person willfully violates subsection ( a), proceeding to move,
pass or attempt to pass a stopped school bus before the school bus has withdrawn the stop signal, turned
off the red flashing lights and begun to move, is guilty of a Class I felony.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Offense Classification Criteria were not used in the classification of homicide offenses.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
8
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 471 – Selling Motor Vehicle Registration Unlawful [ Ed. 2]
STATUTE
§ 20- 79.1. Use of temporary registration plates or markers by purchasers of motor vehicles in lieu of
dealers’ plates.
DESCRIPTION
Subsection ( l):
A person
1. is not authorized to possess or sell a temporary registration plate
2. possess, sales, transfers, or delivers
3. a temporary plate
4. to any other person.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
House Bill 471, Ed. 1, was reviewed at the April 3, 2009 meeting of the Legislative Review
Subcommittee. The Subcommittee found the bill to be inconsistent with the Offense Classification
Criteria for a Class 1 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
9
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2]
STATUTE
§ 20- 62.1. Purchase of vehicles for purposes of scrap or parts only.
DESCRIPTION
Subsection ( a)( 1)( h) ( first offense):
A person who
1. is a secondary metals recycler and a salvage yard,
2. purchases motor vehicles
3. solely for the purposes of dismantling or wrecking such motor vehicle for
a. the recovery of scrap metal, or
b. the sale of parts only,
4. and fails to maintain a record of all purchase transactions of motor vehicles, including
a. the name and address of the person from whom the motor vehicle is being purchased, and
b. the license plate number and state of issuance of the vehicle used to deliver the vehicle being
sold.
PROPOSED OFFENSE CLASS
First offense, Class 1 misdemeanor ( G. S. 20- 62.1( c)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
This provision is substantially similar to a provision in House Bill 608, Ed. 1, reviewed by the
Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be
consistent with the Offense Classification Criteria for a Class 1 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
10
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont’d)
STATUTE
§ 20- 62.1. Purchase of vehicles for purposes of scrap or parts only.
DESCRIPTION
Subsection ( a)( 1)( h) ( second and subsequent offenses):
A person who
1. is a secondary metals recycler and a salvage yard,
2. purchases motor vehicles
3. solely for the purposes of dismantling or wrecking such motor vehicle for
a. the recovery of scrap metal, or
b. the sale of parts only,
4. and fails to maintain a record of all purchase transactions of motor vehicles, including
a. the name and address of the person from whom the motor vehicle is being purchased, and
b. the license plate number and state of issuance of the vehicle used to deliver the vehicle being
sold.
PROPOSED OFFENSE CLASS
Second and subsequent offenses, Class I felony ( G. S. 20- 62.1( c)).
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
This provision is substantially similar to a provision in House Bill 608, Ed. 1, reviewed by the
Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be
inconsistent with the Offense Classification Criteria and noted that the Structured Sentencing
punishment chart takes a defendant’s prior record into account through the Prior Record Level.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with
structured sentencing.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
11
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont’d)
STATUTE
§ 20- 62.1. Purchase of vehicles for purposes of scrap or parts only.
DESCRIPTION
Subsection ( a)( 1)( j) ( first offense):
A person who
1. is a secondary metals recycler and a salvage yard,
2. purchases motor vehicles
3. solely for the purposes of dismantling or wrecking such motor vehicle for
a. the recovery of scrap metal, or
b. for the sale of parts only, must
4. maintain a record of all purchase transactions of motor vehicles, which must include,
a. a report, as described below, filed with the Division of Motor Vehicles.
PROPOSED OFFENSE CLASS
First offense, Class 1 misdemeanor ( G. S. 20- 62.1( c)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
Proposed G. S. 20- 62.1( a)( 1)( j) provides that an individual or entity engaged in the business of operating
a salvage yard or secondary metals recycler shall file a report with the Division at a frequency not less
than weekly. The report shall contain an inventory of all motor vehicles purchased, which shall include
the vehicle identification number of each vehicle, the date on which each vehicle was obtained, the name
of the person or entity from whom it was obtained, and a statement of whether the vehicle was or will be
crushed or disposed of for sale or other purposes.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
12
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont’d)
STATUTE
§ 20- 62.1. Purchase of vehicles for purposes of scrap or parts only.
DESCRIPTION
Subsection ( a)( 1)( j) ( second and subsequent offenses):
A person who
1. is a secondary metals recycler and a salvage yard,
2. purchases motor vehicles
3. solely for the purposes of dismantling or wrecking such motor vehicle for
a. the recovery of scrap metal, or
b. for the sale of parts only, must
4. maintain a record of all purchase transactions of motor vehicles, which must include,
a. a report, as described below, filed with the Division of Motor Vehicles.
PROPOSED OFFENSE CLASS
Second and subsequent offenses, Class I felony ( G. S. 20- 62.1( c)).
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with
structured sentencing.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
13
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont’d)
STATUTE
§ 20- 62.1. Purchase of vehicles for purposes of scrap or parts only.
DESCRIPTION
Subsection ( a)( 1)( k) ( first offense):
A person who
1. is a secondary metals recycler and a salvage yard,
2. purchases motor vehicles
3. solely for the purposes of dismantling or wrecking such motor vehicle for
a. the recovery of scrap metal, or
b. for the sale of parts only, must
4. maintain a record of all purchase transactions of motor vehicles, which must include
a. a receipt for the purchase of the motor vehicle that his signed by all parties to the sale.
PROPOSED OFFENSE CLASS
First offense, Class 1 misdemeanor ( G. S. 20- 62.1( c)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
This provision is substantially similar to a provision in House Bill 608, Ed. 1, reviewed by the
Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be
consistent with the Offense Classification Criteria for a Class 1 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
14
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont���d)
STATUTE
§ 20- 62.1. Purchase of vehicles for purposes of scrap or parts only.
DESCRIPTION
Subsection ( a)( 1)( k) ( second and subsequent offenses):
A person who
1. is a secondary metals recycler and a salvage yard,
2. purchases motor vehicles
3. solely for the purposes of dismantling or wrecking such motor vehicle for
a. the recovery of scrap metal, or
b. for the sale of parts only, must
4. maintain a record of all purchase transactions of motor vehicles, which must include
a. a receipt for the purchase of the motor vehicle that his signed by all parties to the sale.
PROPOSED OFFENSE CLASS
Second and subsequent offenses, Class I felony ( G. S. 20- 62.1( c)).
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
This provision is substantially similar to a provision in HB 608, Ed. 1, reviewed by the Legislative
Review Subcommittee in April 2009. The subcommittee found the provision to be inconsistent with the
Offense Classification Criteria, noting that the Structured Sentencing punishment chart takes a
defendant’s prior record into account through the Prior Record Level.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with
structured sentencing.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
15
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4]
STATUTE
§ 90- 113.82. Glass tubes or splitters; restrictions on sales.
DESCRIPTION
Subsection ( a):
A person who
1. is a retailer and
2. willfully and knowingly
3. offers glass tubes or splitters for retail sale by self- service.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor ( G. S. 90- 113.83( a)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
“ Glass tubes” are defined in G. S. 90- 113.81( a) as an object which is a hollow glass cylinder, either open
or closed at either end, is no less than two or more than seven inches in length, is no less than one- eighth
inch or more than three- fourths inch in diameter, may be used to facilitate, or intended or designed to
facilitate, violations of the Controlled Substances Act, and is sold individually, or in connection with
another object such as a novelty holder, flower vase, or pen ( list is illustrative, not exclusive).
A “ splitter” is defined in G. S. 90- 113.81( c) as a ring- shaped devise that allows insertion of a wrapped
tobacco product, such as a cigar, so that it can be pulled through the device, and which cuts or slices the
wrapping of the tobacco product along the product’s length as it is drawn through the device.
This provision is substantially similar to a provision in House Bill 722, Ed. 1, reviewed by the
Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be
inconsistent with the Offense Classification Criteria for a Class 3 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
16
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d)
STATUTE
§ 90- 113.82. Glass tubes or splitters; restrictions on sales.
DESCRIPTION
Subsection ( b):
A person who:
1. is a retailer and
2. knowingly and willfully
3. transfers to any member of the public
4. a glass tube or splitter
5. without requiring the purchaser to
a. present identification that includes a photograph that is an accurate depiction of the person and
that also includes the person’s name and current address,
b. enter his/ her name and current address on a record that the retailer shall maintain, and
c. sign his/ her name, verifying by signature the glass tube or splitter will not be used as drug
paraphernalia.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor ( G. S. 90- 113.83( a)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
This provision is substantially similar to a provision in House Bill 722, Ed. 1, reviewed by the
Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be
inconsistent with the Offense Classification Criteria for a Class 3 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
17
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d)
STATUTE
§ 90- 113.82. Glass tubes or splitters; restrictions on sales.
DESCRIPTION
Subsection ( b):
A person who:
1. knowingly makes a false statement or representation in fulfilling the requirements of G. S.
90- 113.82( b).
PROPOSED OFFENSE CLASS
Class 1 misdemeanor ( G. S. 90- 113.83( b)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
18
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d)
STATUTE
§ 90- 113.82. Glass tubes or splitters; restrictions on sales.
DESCRIPTION
Subsection ( c):
A person who:
1. is a retailer where glass tubes are available for sale
2. willfully and knowingly
3. fails to maintain the record described in G. S. 113- 82( b) for a period of two years from the date of
each transaction.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor ( G. S. 90- 113.83( a)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
This provision is substantially similar to a provision in House Bill 722, Ed. 1, reviewed by the
Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be
inconsistent with the Offense Classification Criteria for a Class 3 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
19
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d)
STATUTE
§ 90- 113.82. Glass tubes or splitters; restrictions on sales.
DESCRIPTION
Subsection ( d):
A person who:
1. is a retailer where glass tubes are available for sale
2. willfully and knowingly
3. fails keep readily available, within 48 hours of the time of the transaction, for inspection by an
authorized official, the required record.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor ( G. S. 90- 113.83( a)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
“ Authorized officials” are federal, State, or local law enforcement.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission���s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
20
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d)
STATUTE
§ 90- 113.82. Glass tubes or splitters; restrictions on sales.
DESCRIPTION
Subsection ( e):
A person who:
1. is a retailer where glass tubes are available for sale
2. willfully and knowingly
3. fails to train its agents and employees of the requirements of G. S. 90- 113.82.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor ( G. S. 90- 113.83( a)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
This provision is substantially similar to a provision in House Bill 722, Ed. 1, reviewed by the
Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be
inconsistent with the Offense Classification Criteria for a Class 3 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
21
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 885 – Targeted Picketing [ Ed. 3]
STATUTE
§ 14- 277.4. Targeted picketing of a residence.
DESCRIPTION
Subsection ( c):
A person who
1. engages in targeted picketing
2. when the person knows or should know
3. that the manner in which he/ she is picketing would cause, in a reasonable person, either:
a. fear for the person’s safety or the safety of the person’s immediate family or close personal
associates, or
b. substantial emotional distress.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in
significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable
victim or a member of a protected class as Class 2 misdemeanors.
G. S. 14- 277.3A( b)( 4) defines substantial emotional distress as significant mental suffering or distress that may,
but does not necessarily, require medical or other professional treatment or counseling.
This bill does not prohibit general picketing that proceeds through residential neighborhoods or past residences.
This provision is substantially similar to a provision in House Bill 885, Ed. 2, reviewed by the Legislative Review
Subcommittee in May 2009. The subcommittee found the provision to be inconsistent with the Offense
Classification Criteria for a Class 2 misdemeanor, with a note that it would be consistent with the Offense
Classification Criteria for a Class 3 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
22
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1]
STATUTE
§ 130A- 291.1. Septage management program; permit fees.
DESCRIPTION
A person who
1. is required to obtain a septage management permit from the Department of Environment and Natural
Resources,
2. engages in the land application of septage, and
3. applies the septage on a public park, school grounds, or athletic field.
PROPOSED OFFENSE CLASS
Class 1 misdemeanor ( G. S. 130A- 25( a)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
“ Septage” is defined as solid waste that is a fluid mixture of untreated and partially treated sewage
solids, liquids, and sludge of human or domestic origin which is removed from a wastewater system
( G. S. 130A- 290( a)( 32)).
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
23
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1]
( cont’d)
STATUTE
§ 143- 215.1. Control of sources of water pollution; permits required.
DESCRIPTION
A person who
1. is required to obtain a permit under G. S. 143- 215.1( d) for the land application of waste, when the
waste is “ sludge” as defined by G. S. 130A- 290( 34), and
2. negligently applies the sludge on a public park, school grounds, or athletic field.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor ( G. S. 143- 215.6B( f)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
“ Sludge” is any solid, semisolid or liquid waste generated from a municipal, commercial, institutional or
industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, or
any other waste having similar characteristics and effects ( G. S. 130A- 290( a)( 34)).
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
24
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1]
( cont’d)
STATUTE
§ 143- 215.1. Control of sources of water pollution; permits required.
DESCRIPTION
A person who
1. is required to obtain a permit under G. S. 143- 215.1( d) for the land application of waste, when the
waste is “ sludge” as defined by G. S. 130A- 290( 34), and
2. knowingly and willfully applies the sludge on a public park, school grounds, or athletic field.
PROPOSED OFFENSE CLASS
Class I felony ( G. S. 143- 215.6B( g)).
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
“ Sludge” is any solid, semisolid or liquid waste generated from a municipal, commercial, institutional or
industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, or
any other waste having similar characteristics and effects ( G. S. 130A- 290( a)( 34)).
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
25
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1]
( cont’d)
STATUTE
§ 143- 215.1. Control of sources of water pollution; permits required.
DESCRIPTION
A person who
1. is required to obtain a permit under G. S. 143- 215.1( d) for the land application of waste, when the
waste is “ sludge” as defined by G. S. 130A- 290( 34), and
2. knowingly applies the sludge on a public park, school grounds, or athletic field
3. while knowing that the act places another person in imminent danger of death or serious bodily
injury.
PROPOSED OFFENSE CLASS
Class C felony ( G. S. 143- 215.6B( h)).
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
long- term personal injury or in serious long- term or widespread societal injury as Class C felonies.
“ Sludge” is any solid, semisolid or liquid waste generated from a municipal, commercial, institutional or
industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, or
any other waste having similar characteristics and effects ( G. S. 130A- 290( a)( 34)).
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The offense would be consistent with the Offense Classification Criteria for a Class E felony. The
Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
26
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/ CLASS
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1242 – Youthful Offender Sentence Review [ Ed. 2]
STATUTE
§ 15A- 1480. Post- sentencing review for youthful offender.
DESCRIPTION
A person who
1. was convicted of a Class B1, B2, C, or D felony committed at 13, 14, or 15 years of age
2. received an active sentence with a minimum term of at least 84 months, and
3. has served at least 84 months of the sentence.
PUNISHMENT RANGE
CURRENT: Release onto post- release supervision 9 months prior to the expiration of the person’s
maximum prison term less any accumulated earned time ( G. S. 15A- 1368.2( a)).
PROPOSED: Upon the person’s filing of a petition for post- sentencing review, the superior court may
reduce or suspend the sentence, conditioned upon the successful completion of a period of post- release
supervision as ordered by the court.
ANALYSIS
The court determines the date of release and may impose a longer period of post- release supervision
than is provided by G. S. 15A- 1368.2.
If post- release supervision is revoked in response to a violation, the modified sentence is void and the
person must serve the remainder of the maximum term of the original sentence.
The Sentencing Commission reviewed a similar provision in Edition 1 of HB 1242 on May 1, 2009, and
found it to be inconsistent with G. S. 164- 41. Edition 1 of the bill did not condition the modification of a
sentence upon the successful completion of post- release supervision, did not authorize the court to
impose a longer period of post- release supervision than required by G. S. 15A- 1368.2, and did not
provide that the modified sentence would be void if post- release supervision is revoked.
FINDINGS
Bill is consistent with G. S. 164- 41.
Bill is inconsistent with G. S. 164- 41.
G. S. 164- 41 is not applicable.
DATE OF REVIEW: 06/ 12/ 2009 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
27
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1255 – Sex Offenders/ Permanent No Contact Order [ Ed. 2]
STATUTE
§ 15A- 1340.50. Permanent no contact order prohibiting future contact by convicted sex offender with
crime victim.
DESCRIPTION
A person who
1. knowingly violates
2. a permanent no contact order entered pursuant to Article 81D ( Permanent No Contact Order Against
Convicted Sex Offender) of G. S. Chapter 15A.
PROPOSED OFFENSE CLASS
Class A1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in serious injury to person or battery of a person who is a vulnerable victim or a member of a
protected class as Class A1 misdemeanors.
The bill would allow the sentencing judge to enter an order permanently enjoining a defendant convicted
of an offense requiring sex offender registration from having any contact with the victim.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
28
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1256 – Larceny of a Motor Vehicle Part [ Ed. 3]
STATUTE
§ 14- 72.8. Larceny of motor vehicle parts.
DESCRIPTION
( First offense)
A person who
1. commits larceny
2. of a motor vehicle part valued at $ 1,000 or less
PROPOSED OFFENSE CLASS
“[ M] ay be punished” as a Class 1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, or serious injury to society as Class 1 misdemeanors.
Larceny of property valued at $ 1000 or less is a Class 1 misdemeanor under G. S. 14- 72( a).
Edition 1 of the bill provided that the offense “ shall be punished” as a Class 1 misdemeanor. The
Commission reviewed Edition 1 on May 1, 2009 and found it to be consistent with the Offense
Classification Criteria for a Class 1 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The use of the permissive term “ may” makes the classification of the offense ambiguous and, therefore,
inconsistent with Structured Sentencing.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
29
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1256 – Larceny of a Motor Vehicle Part [ Ed. 3] ( cont’d)
STATUTE
§ 14- 72.8. Larceny of motor vehicle parts.
DESCRIPTION
( Second or subsequent offense)
A person who
1. commits larceny
2. of a motor vehicle part valued at $ 1,000 or less
PROPOSED OFFENSE CLASS
“[ M] ay be punished” as a Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
Edition 1 of the bill provided that the offense “ shall be punished” as a Class I felony. The Commission
reviewed Edition 1 on May 1, 2009 and found it to be inconsistent with the Offense Classification
Criteria for a Class I felony.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The use of the permissive term “ may” makes the classification of the offense ambiguous and, therefore,
inconsistent with Structured Sentencing.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with
structured sentencing.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
30
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1287 – Recycle Products Containing Mercury [ Ed. 4]
STATUTE
§ 130A- 309.10. Prohibited acts relating to packaging; coded labeling of plastic containers required;
disposal of certain solid wastes in landfills or by incineration prohibited.
DESCRIPTION
Subsection ( m):
A person who
1. knowingly disposes of
2. mercury- containing
a. fluorescent lights, or
b. thermostats
3. in an unlined landfill.
PROPOSED OFFENSE CLASS
Class 1 misdemeanor ( G. S. 130A- 25( a), 14- 3( a)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
31
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1287 – Recycle Products Containing Mercury [ Ed. 4] ( cont’d)
STATUTE
§ 130A- 310.61. Removal and recycling of mercury- containing products from structures to be
demolished.
DESCRIPTION
A person who
1. is the
a. contractor responsible for the demolition of a building or structure, or
b. owner of the building or structure to be demolished
2. and fails to remove all mercury- containing fluorescent lights and thermostats from the building or
structure
3. prior to the demolition.
PROPOSED OFFENSE CLASS
Class 1 misdemeanor ( G. S. 130A- 25( a), 14- 3( a)).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission FY 2007/ 08 Felony and Misdemeanor Simulation Data.
32
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
CONFIDENTIAL FISCAL NOTE
HB 1287: RECYCLE PRODUCTS CONTAINING MERCURY [ v. 2]
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
Section 1. Enacts new Part 7 ( Management of Certain Products That Contain Mercury) of G. S. Chapter
130A ( Public Health), Article 9 ( Solid Waste Management).
G. S. 130A- 310.60. Recycling required by State agencies.
Subsection ( a) requires each State agency and political subdivision using State funds to establish a
program to collect and recycle spent, mercury- containing fluorescent lights and thermostats which are
generated by State offices. Subsection ( b) requires each agency to submit a report to the Department of
Administration and the Department of Environment and Natural Resources ( DENR) on or before
February 1, 2010, documenting its compliance with subsection ( a). These Departments must compile
the information and submit a joint report to the Environmental Review Commission by May 1, 2010;
and DENR must include information about this program in its annual report to the Commission under
G. S. 130A- 309.06( c), regarding the status of solid waste management efforts in the State.
A person ( including an individual, unit of local government, or State agency, see G. S. 130A- 290( 22)),
who knowingly makes any false statement, representation, or certification in a report or document filed
or required to be maintained under Article 9 is guilty of a Class 2 misdemeanor ( per G. S. 130A- 26.2,
Penalty for false reporting under Article 9). Under G. S. 13A- 310.60, agencies are required to report
only once, by February 1, 2010, limiting the potential impact of this provision.
Effective upon becoming law.
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical
data from which to estimate the impact of this bill on the prison population. It is not known how many
offenders might be convicted and sentenced under the proposed bill. In FY 2007/ 08, 20% of Class 2
misdemeanor convictions resulted in active sentences. The average estimated time served for Class 2
convictions was 10 days. Offenders serving active sentences of 90 days or less are housed in county
jails. Therefore, convictions for this proposed offense would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
SOURCE: NC Sentencing and Policy Advisory Commission FY 2007/ 08 Felony and Misdemeanor Simulation Data.
33
G. S. 130A- 310.61. Removal and recycling of mercury- containing products from structures to be
demolished.
Section 130A- 310.61 requires the contractor responsible for the demolition of a building or structure or
the owner of the building or structure to be demolished to remove all mercury- containing fluorescent
lights and thermostats prior to the demolition. Violation of any provision of Chapter 130A is a Class 1
misdemeanor pursuant to G. S. 130A- 25( a) ( and G. S. 14- 3( a)). In FY 2007/ 08, there were 9 convictions
under G. S. 130A- 25.
Effective upon becoming law.
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical
data from which to estimate the impact of this bill on the prison population. It is not known how many
offenders might be convicted and sentenced under the proposed bill. In FY 2007/ 08, 21% of Class 1
misdemeanor convictions resulted in active sentences. The average estimated time served for Class 1
convictions was 30 days. Offenders serving active sentences of 90 days or less are housed in county
jails. Therefore, convictions for this proposed offense would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
Section 2. Adds new subsection ( m) to G. S. 130- 309.10, Prohibited acts relating to packaging; coded
labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration
prohibited. Subsection ( m) prohibits the knowing disposal of mercury- containing fluorescent lights and
thermostats in an unlined sanitary landfill for the disposal of construction and demolition debris waste,
or in any other unlined landfill. Violation is a Class 1 misdemeanor pursuant to G. S. 130A- 25( a) ( and
14- 3( a)). In FY 2007/ 08, there were 9 convictions under G. S. 130A- 25.
Effective December 1, 2009, and applies to offenses occurring on or after that date.
Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical
data from which to estimate the impact of this bill on the prison population. It is not known how many
offenders might be convicted and sentenced under the proposed bill. In FY 2007/ 08, 21% of Class 1
misdemeanor convictions resulted in active sentences. The average estimated time served for Class 1
convictions was 30 days. Offenders serving active sentences of 90 days or less are housed in county
jails. Therefore, convictions for this proposed offense would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
34
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2]
STATUTE
§ 14- 208.11. Failure to register; falsification of verification notice; failure to return verification form;
order for arrest.
DESCRIPTION
A person who
1. is required to register as a sex offender, and
2. willfully fails to notify the registering sheriff of
3. the establishment of a temporary residence.
PROPOSED OFFENSE CLASS
Class F felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in
significant personal injury or serious societal injury as Class F felonies.
A person required to register as a sex offender must notify the registering sheriff if he or she intends to
maintain a temporary residence at one location for 5 or more calendar days within a 30- calendar- day
period, or for more than 30 total days in a calendar year. Notice must be given in person within 72
hours after the offender knows or should know that he or she will be maintaining the temporary
residence ( G. S. 14- 208.9( a1)).
Edition 1 of the bill limited this provision to sexually violent predators and offenders subject to the most
stringent of three tiers of registration requirements. The Commission reviewed Edition 1 on May 1,
2009 and found it to be consistent with the Offense Classification Criteria for a Class F felony.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
35
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2] ( cont’d)
STATUTE
§ 14- 208.11B. Failure to report termination of temporary residence.
DESCRIPTION
( First offense)
A person who
1. is required to register as a sex offender, and
2. willfully fails to notify the registering sheriff
3. that the person has ceased to abide at a temporary residence.
PROPOSED OFFENSE CLASS
Class A1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in serious injury to person or battery of a person who is a vulnerable victim or a member of a
protected class as Class A1 misdemeanors.
A person required to register as a sex offender must notify the sheriff of the registering county within 72
hours that he or she has ceased to abide at the temporary residence ( G. S. 14- 208.9( a1)).
Edition 1 of the bill limited this provision to sexually violent predators and offenders subject to the most
stringent of three tiers of registration requirements. The Commission reviewed Edition 1 on May 1,
2009 and found it inconsistent with the Offense Classification Criteria for a Class A1 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
36
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2] ( cont’d)
STATUTE
§ 14- 208.11B. Failure to report termination of temporary residence.
DESCRIPTION
( Second or subsequent offense)
A person who
1. is required to register as a sex offender, and
2. willfully fails to notify the registering sheriff
3. that the person has ceased to abide at a temporary residence.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in personal
injury, or in significant societal injury as Class H felonies.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level.
Edition 1 of the bill limited this provision to sexually violent predators and offenders subject to the most
stringent of three tiers of registration requirements. The Commission reviewed Edition 1 on May 1,
2009 and found it inconsistent with the Offense Classification Criteria for a Class H felony.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Structured Sentencing punishment chart takes a defendant’s prior record into account through the
Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with
structured sentencing.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
37
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2] ( cont’d)
STATUTE
§ 14- 208.16. Residential restrictions.
DESCRIPTION
A person who
1. is a registered sex offender, and
2. knowingly maintains a temporary residence
3. within 1,000 feet of the property on which any school or child care center is located.
PROPOSED OFFENSE CLASS
Class G felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss from the person or from the person’s dwelling as Class G felonies.
A “ temporary residence” is a place where a person abides other than the person’s reported residential
address ( G. S. 14- 208.6( 10)).
It is currently a Class G felony to knowingly reside within 1,000 feet of the property on which any
school or child care center is located ( G. S. 14- 208.16).
Edition 1 of the bill limited this provision to sexually violent predators and offenders subject to the most
stringent of three tiers of registration requirements. The Commission reviewed Edition 1 on May 1,
2009 and found it inconsistent with the Offense Classification Criteria for a Class G felony.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
38
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2] ( cont’d)
STATUTE
§ 14- 208.18. Sex offender unlawfully on premises.
DESCRIPTION
A person who
1. is required to register under the Sex Offender Registration Program, or its out- of- state equivalent,
2. committed
a. an offense in G. S. Chapter 14, Article 7A ( Rape and Other Sex Offenses), or
b. an offense where the victim of the offense was under the age of 16 years at the time of the offense,
3. and is knowingly on any of the following premises:
a. an institution of higher education.
b. a gymnasium or fitness facility that allows minors to use the facility.
c. a county or state fair while the fair is being held.
d. a public library while activities or programs primarily intended for minors are being conducted.
e. a movie theatre showing a movie rated “ G” or “ PG” or
f. a location that is a school bus stop, while the place is being used as a school bus stop.
PROPOSED OFFENSE CLASS
Class H felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in personal injury or
in significant societal injury as Class H felonies.
It is currently a Class H felony under G. S. 14- 208.18 for these offenders to knowingly be ( 1) on the premises of
any place intended primarily for the use, care, or supervision of minors, ( 2) within 300 feet of any location
intended primarily for the use, care, or supervision of minors located on premises that are not intended primarily
for this purpose, or ( 3) at any place where minors gather for regularly scheduled educational, recreational or social
programs. The Sentencing Commission reviewed this offense in HB 933 [ v. 2] in June, 2008, and found it to be
inconsistent with the Offense Classification Criteria for a Class H felony, but noted that it would be consistent
with a Class H felony if the offense was limited to being on the specified premises.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
39
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1332 – Create Criminal Offense of Felony Affray [ Ed. 2]
STATUTE
§ 14- 34.10. Felonious affray with the use of a deadly weapon resulting in death or serious bodily injury.
DESCRIPTION
Subsection ( a):
A person who
1. while engaged in an affray
2. uses a deadly weapon
3. resulting in the death of another.
PROPOSED OFFENSE CLASS
Class C felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
long- term personal injury or in serious long- term or widespread societal injury as Class C felonies.
The Offense Classification Criteria were not used in the classification of homicide offenses.
Edition 1 of the bill made it a Class C felony to engage in an affray in which a deadly weapon is used,
resulting in another person’s death. The Sentencing Commission reviewed Edition 1 of HB 1332 on
May 1, 2009, and found the Offense Classification Criteria not to be applicable.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
The Offense Classification Criteria were not used in the classification of homicide offenses.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
40
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1332 – Create Criminal Offense of Felony Affray [ Ed. 2]
( cont’d)
STATUTE
§ 14- 34.10. Felonious affray with the use of a deadly weapon resulting in death or serious bodily injury.
DESCRIPTION
Subsection ( b):
A person who
1. while engaged in an affray
2. uses a deadly weapon
3. resulting in the serious bodily injury of another.
PROPOSED OFFENSE CLASS
Class E felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
personal injury as Class E felonies.
Engaging in an affray using a deadly weapon or inflicting serious injury is a Class A1 misdemeanor
( G. S. 14- 33( c)).
Assault inflicting serious bodily injury is a Class F felony ( G. S. 14- 32.4).
Assault with a deadly weapon inflicting serious injury is a Class E felony ( 14- 32( b)).
Edition 1 of the bill made it a Class E felony to engage in an affray in which a deadly weapon is used,
resulting in serious bodily injury to another person. The Sentencing Commission reviewed Edition 1 of
HB 1332 on May 1, 2009, and found the offense to be consistent with the Offense Classification Criteria
for a Class E felony.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
41
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1378 – Clean Marinas/ Pumpout Stations [ Ed. 3]
STATUTE
§ 77- 128. Vessel owner and operator required to keep log of pumpout dates.
DESCRIPTION
A person who
1. is the owner or operator
2. of a vessel having a marine sanitation device
3. and fails to maintain a record of
a. the date of each pumpout of the marine sanitation device and
b. the location of the pumpout facility
4. for a period of one year from the date of the pumpout.
PROPOSED OFFENSE CLASS
Class 3 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in minor injury to persons, minor injury to property, or minor injury to society as Class 3
misdemeanors.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
42
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1378 – Clean Marinas/ Pumpout Stations [ Ed. 3] ( cont’d)
STATUTE
§ 77- 129. No discharge of treated or untreated sewage in coastal waterways.
DESCRIPTION
A person who
1. discharges
2. into coastal waters
3. any treated or untreated sewage, including effluent produced or held by a marine sanitation device.
PROPOSED OFFENSE CLASS
Class 1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property or serious injury to society as Class 1
misdemeanors.
In Edition 1 of HB 1378, the offense applied only to operators of a vessel. The Sentencing Commission
reviewed Edition 1 on May 1, 2009, and found the offense to be consistent with the Offense
Classification Criteria for a Class 1 misdemeanor.
\
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
43
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1404 – Naturopathic Doctors Licensing Act [ Ed. 1]
STATUTE
§ 90- 805. License required; exemptions.
DESCRIPTION
A person who
1. without a license
a. practices or offers to practice as a naturopathic doctor,
b. performs naturopathic medicine, or
c. uses any card, title, or abbreviation to indicate that the person is a naturopathic doctor.
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
Naturopathic medicine is a system that employs natural therapies and diagnostic techniques for the
promotion, maintenance, and restoration of health and the prevention of disease ( G. S. 90- 803).
The Sentencing Commission reviewed an identical provision in SB 1043 on April 3, 2009, and found it
to be inconsistent with the Offense Classification Criteria for a Class I felony.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
44
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1444 – Limited Hunting Privilege/ Nonviolent Felons [ Ed. 2]
STATUTE
§ 14- 415.51. Violations of this Article; penalties.
DESCRIPTION
Subsection ( a): ( Second or subsequent offense)
A person who
1. has been issued a valid limited hunting privilege permit and
a. carries a firearm without the permit in the person’s possession
b. carries a firearm not described on the permit, or
c. fails to disclose to a law enforcement officer that the person holds a valid permit and is
carrying a firearm, as required by G. S. 14- 415.41.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
A first offense under subsection ( a) is an infraction.
The bill would create a limited hunting privilege permit, allowing persons who were convicted of one
non- violent felony and who otherwise meet the criteria in G. S. 14- 415.42 to own and carry a rifle or
shotgun solely for the purpose of hunting game or related hunting activities.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
45
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1444 – Limited Hunting Privilege/ Nonviolent Felons [ Ed. 2]
( cont’d)
STATUTE
§ 14- 415.51. Violations of this Article; penalties.
DESCRIPTION
Subsection ( b):
A person who
1. makes a false affidavit, or knowingly swears or affirms falsely,
2. to any matter or thing required to be sworn or affirmed by Article 54C ( Limited Hunting Privilege
Permit).
PROPOSED OFFENSE CLASS
Class I felony.
ANALYSIS
The Sentencing Commission classified offenses which reasonably tend to result or do result in serious
property loss or societal injury as Class I felonies.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
46
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1]
STATUTE
§ 136- 133.1. Outdoor advertising selective vegetation removal.
DESCRIPTION
A person who
1. cuts, trims, or otherwise removes
2. vegetation that is
a. in front of, or adjacent to, outdoor advertising, and
b. within the limits of the highway right- of- way
3. in order to enhance the visibility of outdoor advertising
4. without a permit from the Department of Transportation.
PROPOSED OFFENSE CLASS
Class 1 misdemeanor ( G. S. 136- 135).
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in serious injury to property or serious societal injury as Class 1 misdemeanors.
This Commission reviewed an identical provision in SB 983 in April of 2009, and SB 150 in March of
2007, and found it to be inconsistent with the Offense Classification Criteria for a Class 1 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
47
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d)
STATUTE
§ 136- 133.6. Unlawful destruction or illegal cutting.
DESCRIPTION
Subdivision ( a)( 1):
A person who
1. is either
a. an outdoor advertising permit holder, or
b. the owner of the commercial, institutional, industrial or office facility, or the private property
owner
2. and receives written notice
a. of the unauthorized destruction of vegetation
b. from the Division of Highways
3. who fails, within 30 days,
4. to submit a report
a. by a licensed landscape architect or certified arborist
b. containing a tree inventory of existing trees, shrubs, or groundcover impacted.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be
inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
48
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d)
STATUTE
§ 136- 133.6. Unlawful destruction or illegal cutting.
DESCRIPTION
Subdivision ( a)( 2):
A person who
1. is either
a. an outdoor advertising permit holder, or
b. the owner of the commercial, institutional, industrial or office facility, or the private property
owner
2. and receives written notice
a. of the unauthorized destruction of vegetation
b. from the Division of Highways
3. who fails, within 30 days,
4. to
a. contact the Department of Agriculture and Consumer Pesticide Safety Section, and
b. include a copy of the agency’s report and findings
c. if unauthorized pesticides appear to have been applied.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be
inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
49
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d)
STATUTE
§ 136- 133.6. Unlawful destruction or illegal cutting.
DESCRIPTION
Subdivision ( a)( 3):
A person who
1. is either
a. an outdoor advertising permit holder, or
b. the owner of the commercial, institutional, industrial or office facility, or the private property
owner
2. and receives written notice
a. of the unauthorized destruction of vegetation
b. from the Division of Highways
3. who fails, within 30 days, to
a. obtain a copy of the police report, and
b. obtain and complete a State Bureau of Investigation’s State Property Incident Report.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be
inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
50
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d)
STATUTE
§ 136- 133.6. Unlawful destruction or illegal cutting.
DESCRIPTION
Subdivision ( a)( 4):
A person who
1. is
a. the owner of an outdoor advertising sign,
b. the owner of the property on which an outdoor advertising sign is located, or
c. the individual, business, or organization whose advertisement appears on the sign face,
2. and receives written notice
a. of the unauthorized destruction of vegetation
b. from the Division of Highways
3. who fails, within 30 days,
4. to submit a notarized affidavit
a. admitting or denying responsibility for, or knowledge of, the incident, and
c. disclosing any agents’ or assigns’ knowledge thereof.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be
inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
51
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d)
STATUTE
§ 136- 133.6. Unlawful destruction or illegal cutting.
DESCRIPTION
Subdivision ( a)( 5):
A person who
1. either
a. owns a business located in a commercial, industrial, institutional or office facility, or on
private property, or
b. owns a commercial, industrial, institutional or office facility, or private property
2. and receives written notice
a. of the unauthorized destruction of vegetation
b. from the Division of Highways
3. who fails, within 30 days,
4. to submit a notarized affidavit
a. admitting or denying responsibility for, or knowledge of, the incident, and
d. disclosing any agents’ or assigns’ knowledge thereof.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be
inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
52
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/ CLASS
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1606 – Adjust Prior Record Point Levels [ Ed. 1]
STATUTE
§ 15A- 1340.14. Prior record level for felony sentencing.
DESCRIPTION
Restructures the prior record level point ranges to expand Level I and even out the remaining ranges.
PUNISHMENT RANGE
CURRENT: Prior Record Levels
Level I – 0 points.
Level II – At least 1, but no more than 4 points.
Level III – At least 5, but no more than 8 points.
Level IV – At least 9, but no more than 14 points.
Level V – At least 15, but no more than 18 points.
Level VI – At least 19 points.
PROPOSED: Prior Record Levels
Level I – Not more than 1 point.
Level II – At least 2, but no more than 5 points.
Level III – At least 6, but no more than 9 points.
Level IV – At least 10, but no more than 13 points.
Level V – At least 14, but no more than 17 points.
Level VI – At least 18 points.
ANALYSIS
The Sentencing Commission reviewed an identical provision in SB 489 in April of 2009, HB 1445 in
May of 2009, and found it to be consistent with G. S. 164- 41.
FINDINGS
Bill is consistent with G. S. 164- 41.
Bill is inconsistent with G. S. 164- 41.
G. S. 164- 41 is not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
53
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/ CLASS
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 1607 – Adjust B1- E Felony Penalties [ Ed. 1]
STATUTE
§ 15A- 1340.17. Punishment limits for each class of offense and prior record level.
DESCRIPTION
Reallocates three months from the minimum sentences in Classes B1 through E to the corresponding
maximum sentences and increases the period of post- release supervision from nine months to twelve
months.
PUNISHMENT RANGE
CURRENT: An offender is on post- release supervision for nine months.
PROPOSED: The minimum sentence range would decrease by three months and the corresponding
maximum would increase by three months. An offender would be on post- release supervision for
twelve months.
ANALYSIS
This Sentencing Commission reviewed an identical provision in SB 490 in April of 2009, and HB 1445
in May of 2009, and found it to be consistent with G. S. 164- 41.
FINDINGS
Bill is consistent with G. S. 164- 41.
Bill is inconsistent with G. S. 164- 41.
G. S. 164- 41 is not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
54
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: SB 167 – No Smoking/ Cell Phones on Prison Grounds [ Ed. 2]
STATUTE
§ 14- 258.1. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or
alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities.
facilities; furnishing tobacco products or mobile phones to inmates.
DESCRIPTION
Subsection ( c):
A person who
1. knowingly gives or sells
2. any tobacco product
3. to
a. an inmate in the custody of the Department of Correction and on the premises of a
correctional facility, or
b. a person who is not an inmate for delivery to such an inmate
4. other than for authorized religious purposes.
PROPOSED OFFENSE CLASS
Class 1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
On February 27, 2009, the Sentencing Commission reviewed Edition 1 of SB 167, which classified the
proposed offense as a Class I felony. The Commission found the provision to be consistent with the
Offense Classification Criteria for a Class I felony, but noted that it would also be consistent with the
criteria for a Class 1 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
55
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: SB 167 – No Smoking/ Cell Phones on Prison Grounds [ Ed. 2]
( cont’d)
STATUTE
§ 14- 258.1. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or
alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities.
facilities; furnishing tobacco products or mobile phones to inmates.
DESCRIPTION
Subsection ( d):
A person who
1. knowingly gives or sells
2. a mobile telephone or other wireless communications device, or a component thereof,
3. to
a. an inmate in the custody of the Department of Correction, or
b. a person who is not an inmate for delivery to an inmate.
PROPOSED OFFENSE CLASS
Class 1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
On February 27, 2009, the Sentencing Commission reviewed Edition 1 of SB 167, which classified the
proposed offense as a Class I felony. The Commission found the provision to be consistent with the
Offense Classification Criteria for a Class I felony, but noted that it would also be consistent with the
criteria for a Class 1 misdemeanor.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 IMPACT OF BILL ON NEXT PAGE
SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/ 08 Felony and Misdemeanor Simulation Data
56
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
CONFIDENTIAL FISCAL NOTE
SB 167: NO SMOKING/ CELL PHONES ON PRISON GROUNDS [ 2]
JUDICIARY I COMMITTEE SUBSTITUTE ADOPTED 5/ 7/ 09
ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED
SENTENCING
SECTION 3. This section adds new subsections ( c) and ( d) to G. S. 14- 258.1. Furnishing poison,
controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of
charitable, mental or penal institutions or local confinement facilities; furnishing tobacco products or
mobile phones to inmates.
Subsection ( c) makes it a Class 1 misdemeanor for a person to knowingly give or sell any tobacco
product, as defined in G. S. 148- 23.1( d)( 2), to an inmate in the custody of the Department of Correction
and on the premises of a correctional facility, or to knowingly give or sell any tobacco product to a
person who is not an inmate for delivery to an inmate in the custody of the Department of Correction
and on the premises of a correctional facility, other than for authorized religious purposes. Because this
subsection creates a new offense, the Sentencing Commission does not have any historical data from
which to estimate the impact of this bill on the prison population. It is not known how many offenders
might be convicted and sentenced under this proposed subsection. In FY 2007/ 08, 21% of Class 1
misdemeanor convictions resulted in active sentences. The average estimated time served for Class 1
convictions was 30 days. Offenders serving active sentences of 90 days or less are housed in county
jails. Therefore, convictions for this proposed offense would not be expected to have a significant
impact on the prison population. The impact on local jail populations is not known.
Subsection ( d) makes it a Class 1 misdemeanor for a person to knowingly give or sell a mobile
telephone or other wireless communication device, or a component of one of those devices, to an inmate
in the custody of the Department of Correction, or to knowingly give or sell any such device or
component to a person who is not an inmate for delivery to an inmate. Because this subsection creates a
new offense, the Sentencing Commission does not have any historical data from which to estimate the
impact of this bill on the prison population. It is not known how many offenders might be convicted and
sentenced under this proposed subsection. In FY 2007/ 08, 21% of Class 1 misdemeanor convictions
resulted in active sentences. The average estimated time served for Class 1 convictions was 30 days.
Offenders serving active sentences of 90 days or less are housed in county jails. Therefore, convictions
for this proposed offense would not be expected to have a significant impact on the prison population.
The impact on local jail populations is not known.
According to the Department of Correction, the Division of Prisons found 280 cell phones in CY 2008,
with 216 from inmates, 42 from staff, 0 from visitors, and 22 from unknown origins. It is not known
how many different individuals provided these cell phones.
Effective March 1, 2010, and applies to offenses committed on or after that date.
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
57
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 836 – Removal of Electronic Monitoring Device [ Ed. 2]/
SB 713 – Removal of Electronic Monitoring Device [ Ed. 3]
STATUTE
§ 14- 226.3. Interference with electronic monitoring device.
DESCRIPTION
A person who
1. is required to comply with electronic monitoring as a result of a criminal conviction, and
2. knowingly and without authority does, or requests or solicits another to,
3. remove, destroy, or circumvent the operation of
4. an electronic monitoring device used to monitor a person
a. on house arrest or
b. wearing an electronic monitoring devise as a condition of bond, pretrial release, probation,
parole, or post- release supervision.
PROPOSED OFFENSE CLASS
One class lower than the most serious underlying offense.
If the most serious underlying felony is a Class I felony, the offense is a Class A1 misdemeanor.
ANALYSIS
On April 3, 2009, the Sentencing Commission reviewed Edition 1 of HB 836/ SB 713, which classified
the proposed offense as a Class E felony. The Commission found this provision to be inconsistent with
the Offense Classification Criteria for a Class E felony.
Senate Bill 713 bill exempts persons who are subject to electronic monitoring under the Juvenile Code.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
58
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 836 – Removal of Electronic Monitoring Device [ Ed. 2]/
SB 713 – Removal of Electronic Monitoring Device [ Ed. 3]
( cont’d)
STATUTE
§ 14- 226.3. Interference with electronic monitoring device.
DESCRIPTION
A person who
1. is required to comply with electronic monitoring as a condition of bond or pretrial release, and
2. knowingly and without authority does, or requests or solicits another to,
3. remove, destroy, or circumvent the operation of
4. an electronic monitoring device used to monitor a person
a. on house arrest or
b. wearing an electronic monitoring devise as a condition of bond, pretrial release, probation,
parole, or post- release supervision.
PROPOSED OFFENSE CLASS
Class 1 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to person, serious injury to property, or serious injury to society as Class 1
misdemeanors.
On April 3, 2009, the Sentencing Commission reviewed Edition 1 of HB 836/ SB 713, which classified
the proposed offense as a Class E felony. The Commission found the provision to be inconsistent with
the Offense Classification Criteria for a Class E felony.
Senate Bill 713 exempts persons who are subject to electronic monitoring under the Juvenile Code.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with Offense Classification Criteria.
Offense Classification Criteria are not applicable.
DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE
A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification
Criteria does not imply either support for or opposition to the bill itself.
59
NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION
ANALYSIS OF BILL TO CREATE A NEW OFFENSE
( PREPARED PURSUANT TO G. S. 164- 43)
BILL NUMBER/ SHORT TITLE: HB 836 – Removal of Electronic Monitoring Device [ Ed. 2]/
SB 713 – Removal of Electronic Monitoring Device [ Ed. 3]
( cont’d)
STATUTE
§ 14- 226.3. Interference with electronic monitoring device.
DESCRIPTION
A person who
1. is not required to comply with electronic monitoring as a result of a criminal conviction or as a
condition of bond or pretrial release, and
2. knowingly and without authority does, or requests or solicits another to,
3. remove, destroy, or circumvent the operation of
4. an electronic monitoring device used to monitor a person
a. on house arrest or
b. wearing an electronic monitoring devise as a condition of bond, pretrial release, probation,
parole, or post- release supervision.
PROPOSED OFFENSE CLASS
Class 2 misdemeanor.
ANALYSIS
The Sentencing Commission recommended classifying offenses which reasonably tend to result or do
result in significant injury to property, significant injury to society, or assault or affray against a person
who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors.
On April 3, 2009, the Sentencing Commission reviewed Edition 1 of HB 836/ SB 713, which classified
the proposed offense as a Class E felony. The Commission found the provision to be inconsistent with
the Offense Classification Criteria for a Class E felony.
Senate Bill 713 exempts persons who are subject to electronic monitoring under the Juvenile Code.
FINDINGS
Bill is consistent with the Offense Classification Criteria.
Bill is inconsistent with
Object Description
Description
| Title | Report on proposed legislation pursuant to G.S. 164-43 submitted to the... session of the North Carolina General Assembly |
| Other Title | Final report on proposed legislation pursuant to G.S. 164-43 submitted to the... North Carolina General Assembly |
| Date | 2009-06; * |
| Description | June 2009 |
| Digital Characteristics-A | 255 KB; 70 p. |
| Digital Format |
application/pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_borndigital\images_master\ |
| Full Text | NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION REPORT # 3 ON PROPOSED LEGISLATION PURSUANT TO N. C. G. S. 164- 43 SUBMITTED TO THE 2009 SESSION OF THE NORTH CAROLINA GENERAL ASSEMBLY JUNE 2009 THE HONORABLE W. ERWIN SPAINHOUR CHAIRMAN SUSAN KATZENELSON EXECUTIVE DIRECTOR NC SENTENCING AND POLICY ADVISORY COMMISSION MEMBERSHIP Hon. W. Erwin Spainhour, Chairman Superior Court Judge Dr. David Barlow Professor, Fayetteville State University Thomas Bennett NC Victim Assistance Network Sheriff Hayden Bentley NC Sheriffs’ Association Hon. Stan Bingham State Senator Hon. Alice L. Bordsen State Representative Judge Charles E. Brown NC District Court Judges’ Association Joseph B. Cheshire V NC Advocates for Justice Locke T. Clifford NC Bar Association Louise Davis NC Community Sentencing Association Judge Richard A. Elmore NC Court of Appeals Judge Robert C. Ervin NC Conference of Superior Court Judges Hon. Paul H. Gibson NC Association of County Commissioners Linda Hayes NC Department of Juvenile Justice and Delinquency Prevention William P. Hart NC Attorney General’s Office Mary Y. “ Larry” Hines Private Citizen, Governor’s Appointee Hon. Robert F. Johnson NC Conference of District Attorneys Alvin Keller, Jr. NC Department of Correction Hon. Eleanor Kinnaird State Senator Charles Mann NC Post- Release Supervision & Parole Commission Moe McKnight NC Retail Merchants’ Association Luther T. Moore Lieutenant Governor’s Appointee Judge Fred G. Morrison, Jr. Justice Fellowship Chief Frank Palombo NC Association of Chiefs of Police June Ray NC Association of Clerks of Superior Court Billy J. Sanders Commission Chairman’s Appointee Hon. John J. Snow, Jr. State Senator Hon. Timothy L. Spear State Representative Jonathan Williams NC Dept. of Crime Control & Public Safety Vacant State Representative NC SENTENCING AND POLICY ADVISORY COMMISSION STAFF Susan Katzenelson Executive Director John Madler Associate Director for Policy, Staff Attorney Ginny Hevener Associate Director for Research Karen Calhoun Tamara Flinchum Senior Research & Policy Associate Senior Research & Policy Associate Marlee Moore- Gurrera, Ph. D. Ashleigh Gallagher, Ph. D. Senior Research & Policy Associate Research & Policy Associate David Lagos Sara Thomas Research & Policy Associate Research & Policy Associate Vicky Etheridge Administrative Assistant P. O. Box 2472 Raleigh, NC 27602 ( 919) 890- 1470 http:// www. nccourts. org/ courts/ crs/ councils/ spac NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION REPORT ON PROPOSED LEGISLATION PURSUANT TO G. S. 164- 43 This report by the Sentencing Commission includes all bills introduced or amended through June 10, 2009. The report is submitted in conformance with the following requirements of G. S. 164- 43: ( e) Upon adoption of a system for the classification of offenses formulated pursuant to G. S. 164- 41, the Commission or its successor shall review all proposed legislation which creates a new criminal offense, changes the classification of an offense, or changes the range of punishment for a particular classification, and shall make recommendations to the General Assembly. ( f) In the case of a new criminal offense, the Commission or its successor shall determine whether the proposal places the offense in the correct classification, based upon the considerations and principles set out in G. S. 164- 41. If the proposal does not assign the offense to a classification, it shall be the duty of the Commission or its successor to recommend the proper classification placement. ( g) In the case of proposed changes in the classification of an offense or changes in the range of punishment for a classification, the Commission or its successor shall determine whether such a proposed change is consistent with the considerations and principles set out in G. S. 164- 41, and shall report its findings to the General Assembly. ( h) The Commission or its successor shall meet within 10 days after the last day for filing general bills in the General Assembly for the purpose of reviewing bills as described in subsections ( e), ( f) and ( g). The Commission or its successor shall include in its report on a bill an analysis based on an application of the correctional population simulation model to the provisions of the bill. A one page summary is included for each bill ( or each relevant section of a bill) which either creates a new crime, changes the classification of an existing crime, or prescribes a new range of punishments. The summary provides the bill number, the short title, and a brief description. At the bottom of the summary is an analysis and a finding of whether the bill appears consistent with the Commission’s classification criteria as specified in G. S. 164- 41 ( see following pages for a description of the criteria). Following the summary is an analysis of the projected impact of the bill ( a more detailed impact analysis is provided to the Fiscal Research Division). The impact estimates assume an effective date of December 1, 2009. These summaries may not reflect the most recent bill amendments or committee substitutes. The date on which each individual summary was prepared is shown on the bottom left hand corner of each summary page. Changes made after this date are not reflected in this report. The bills included in this report were reviewed by the North Carolina Sentencing and Policy Advisory Commission on June 12, 2009. The fact that the Commission found a bill to be either consistent or inconsistent with the structured sentencing offense classification criteria does not imply either support for or opposition to the bill. In this report, the Commission has taken no position on the merits of any bill other than those specifically proposed by the Commission. THE OFFENSE CLASSIFICATION CRITERIA The Sentencing Commission was required by G. S. 164- 41 to " classify criminal offenses into felony and misdemeanor categories on the basis of their severity." The Commission developed a classification criteria to guide the classification process and to ensure that there was a systematic and rational basis for the classifications. The Commission decided that the severity of an offense should be directly related to the harm to the victim that normally results or tends to result from the criminal conduct. The Commission defined three general types of harms: 1) harms to person ( including both physical and mental injury); 2) harms to property; and 3) harms to society ( violations of public order and welfare, violations of judicial or governmental operations, and/ or violations of public morality). Through considerable discussion and debate, the Commission grouped these harms into a ten- level hierarchy which served as the basis for the Commission's classifications ( refer to the classification criteria on the following page). Once the classification criteria was established, the Commission reviewed the individual elements of all felonies in North Carolina and assigned each felony to a specific offense class based on how closely the elements of the crime matched the classification criteria. The purpose of establishing the classification criteria was to create a rational and consistent philosophical basis for classifying offenses; to assure proportionality in severity; and to provide a guidepost for classifying new crimes in the future. Under the classification criteria, the most serious offense classes ( A through F) primarily involve personal injury, the risk of personal injury, serious societal injury or widespread societal injury. The lower offense levels ( G through I) primarily involve property loss or less serious societal injury. The degree of harm is divided into three levels; injury to person, property or society; significant injury to person, property or society; and serious injury to person, property or society. The Commission also assigned misdemeanor offenses to four classes: class A1, class 1, class 2 or class 3. The Commission did not create classification criteria for misdemeanors but relied on the maximum sentences previously set by the General Assembly. Generally, crimes which had previously been punishable by over six months were made class 1 misdemeanors, those previously punishable by more than 30 days and up to six months were made class 2 misdemeanors, and those previously punishable by 30 days or less were made class 3 misdemeanors. Assaultive misdemeanors were made Class A1 misdemeanors. In 2004, the General Assembly noted that there were criteria for the classification of felony offenses but not for misdemeanor offenses. It asked the Commission to study the classification of misdemeanor offenses and to develop a system for classifying them on the basis of their severity. The Commission developed a misdemeanor offense classification system based on the type and degree of harm that results or tends to result from an offense ( refer to the classification criteria on the following pages). This is similar to the felony offense classification system. It uses the same types of harm ( person, property, and society) and degrees of harm ( serious, significant, and minor). The Commission divided the criteria into four groups to conform to the four misdemeanor offense classes. The misdemeanor criteria are separate from the felony criteria because the harms that result from the misdemeanor offenses are viewed as being separate from the harms that result from the felony offenses. The Commission then reviewed the most frequently convicted misdemeanor offenses and recommended reclassifying some of them based on a comparison of the elements of the crimes to the criteria. The Commission also decided that it would use the misdemeanor offense classification criteria for the classification of all new misdemeanor offenses and the reclassification of existing misdemeanor offenses proposed in the future. This report includes a comparison of offenses proposed in this session to the misdemeanor offense classification criteria. FELONY OFFENSE CLASSIFICATION CRITERIA* CLASS CRITERIA A Reserved for First Degree Murder [ Reasonably tends to result or does result in:] B Serious debilitating long- term personal injury C Serious long- term personal injury Serious long- term or widespread societal injury D Serious infringements on property interest which also implicate physical safety concerns by use of a deadly weapon or an offense involving an occupied dwelling E Serious personal injury F Significant personal injury Serious societal injury G Serious property loss Loss from the person or the person’s dwelling H Serious property loss: Loss from any structure designed to house or secure any activity or property Loss occasioned by the taking or removing of property Loss occasioned by breach of trust, formal or informal ��� Personal injury Significant societal injury I Serious property loss: All other felonious property loss Societal injury M All other misdemeanors * Personal injury includes both physical and mental injury. Societal injury includes violations of public morality, judicial or government operations, and/ or public order and welfare. Note: The criteria were not used in the classification of the homicide offenses or drug offenses. MISDEMEANOR OFFENSE CLASSIFICATION CRITERIA* CLASS CRITERIA [ A misdemeanor offense that reasonably tends to result or does result in:] A1 ( a) Serious injury to person ( b) Battery of a person who is a vulnerable victim or a member of a protected class 1 ( a) Significant injury to person ( b) Serious injury to property ( c) Serious injury to society 2 ( a) Significant injury to property ( b) Significant injury to society ( c) Assault or affray against a person who is a vulnerable victim or a member of a protected class 3 ( a) Minor injury to person ( b) Minor injury to property ( c) Minor injury to society * Personal injury includes both physical and mental injury. Societal injury includes violations of public morality, judicial or government operations, and/ or public order and welfare. Note: The criteria were not used in the classification of the drug offenses, impaired driving offenses, or homicide offenses. TABLE OF CONTENTS HB 323 – Prevent Theft of Scrap Metals [ Ed. 3]......................................................................................... 1 HB 440 – The Nicholas Adkins School Bus Safety Act [ Ed. 3] ................................................................. 7 HB 471 – Selling Motor Vehicle Registration Unlawful [ Ed. 2] ................................................................ 8 HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ............................................................................... 9 HB 722 – Paraphernalia Control Act [ Ed. 4]............................................................................................. 15 HB 836 – Removal of Electronic Monitoring Device [ Ed. 2] ................................................................... 57 HB 885 – Targeted Picketing [ Ed. 3] ........................................................................................................ 21 HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1]............................................................. 22 HB 1242 – Youthful Offender Sentence Review [ Ed. 2] .......................................................................... 26 HB 1255 – Sex Offenders/ Permanent No Contact Order [ Ed. 2].............................................................. 27 HB 1256 – Larceny of a Motor Vehicle Part [ Ed. 3]................................................................................. 28 HB 1287 – Recycle Products Containing Mercury [ Ed. 4] ....................................................................... 30 HB 1317 – Sex Offender Registry Changes [ Ed. 2] .................................................................................. 34 HB 1332 – Create Criminal Offense of Felony Affray [ Ed. 2] ................................................................. 39 HB 1378 – Clean Marinas/ Pumpout Stations [ Ed. 3]................................................................................ 41 HB 1404 – Naturopathic Doctors Licensing Act [ Ed. 1]........................................................................... 43 HB 1444 – Limited Hunting Privilege/ Nonviolent Felons [ Ed. 2]............................................................ 44 HB 1583 – DOT Vegetation Removal Changes [ Ed. 1]............................................................................ 46 HB 1606 – Adjust Prior Record Point Levels [ Ed. 1] ............................................................................... 52 HB 1607 – Adjust B1- E Felony Penalties [ Ed. 1] ..................................................................................... 53 SB 167 – No Smoking/ Cell Phones on Prison Grounds [ Ed. 2]................................................................ 54 SB 713 – Removal of Electronic Monitoring Device [ Ed. 3].................................................................... 57 SB 990 – Increase Penalty/ Timber Theft [ Ed. 3]....................................................................................... 60 A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 1 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] STATUTE § 66- 11. Dealing in regulated metals property; penalties. DESCRIPTION Subsection ( d)( 3) ( first offense): A person who 1. is a secondary metals recycler 2. purchases any central air conditioner evaporator coils or condensers, or catalytic converters 3. that are not attached to a vehicle. PROPOSED OFFENSE CLASS First offense, Class 1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. Proposed G. S. 66- 11( d)( 3) further provides that a secondary metals recycler may purchase such items from a company, contractor, or individual that is in the business of installing, replacing, maintaining, or removing these items, provided the secondary metals recycler is prohibited from paying cash or making payment of any kind for any central air conditioner evaporator coil or condenser in whole or in part or a catalytic converter that is not attached to a vehicle. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 2 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d) STATUTE § 66- 11. Dealing in regulated metals property; penalties. DESCRIPTION Subsection ( d)( 3) ( second and subsequent offenses): A person who 1. is a secondary metals recycler 2. purchases any central air conditioner evaporator coils or condensers, or catalytic converters 3. that are not attached to a vehicle. PROPOSED OFFENSE CLASS Second and subsequent offenses, Class I felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Proposed G. S. 66- 11( d)( 3) further provides that a secondary metals recycler may purchase such items from a company, contractor, or individual that is in the business of installing, replacing, maintaining, or removing these items, provided the secondary metals recycler is prohibited from paying cash or making payment of any kind for any central air conditioner evaporator coil or condenser in whole or in part or a catalytic converter that is not attached to a vehicle. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with structured sentencing. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 3 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d) STATUTE § 66- 11. Dealing in regulated metals property; penalties. DESCRIPTION Subsection ( d)( 4) ( first offense): A person who 1. is a secondary metals recycler 2. purchases a nonferrous metal property 3. not listed in subdivision ( 5) of this section 4. for any cash consideration greater than one hundred dollars per transaction. PROPOSED OFFENSE CLASS First offense, Class 1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. Proposed G. S. 66- 11( d)( 4) further provides that a secondary metals recycler may purchase other nonferrous metal property for an amount in excess of one hundred dollars if the payment is made by check, money order, or a cash card system that captures the photograph of the person selling the nonferrous metal if the secondary metals recycler maintains the photograph for 90 days. The metals listed in subsection ( d)( 5) include: any regulated metal marked with the initials or other identification of a telephone, cable, electric, water, or other public utility, or any brewer, any utility access cover, any street light pole or fixture, any road or bridge guard rail, any highway or street sign, any water meter cover, any metal beer keg, including any made of stainless steel that is clearly marked as being the property of the beer manufacturer, any traffic directional or control sign, any traffic light signal, any regulated metal marked with the name of a government entity, any property owned by a railroad and marked and otherwise identified as such, or any historical marker or any grave marker or burial vase. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 4 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d) STATUTE § 66- 11. Dealing in regulated metals property; penalties. DESCRIPTION Subsection ( d)( 4) ( second and subsequent offenses): A person who 1. is a secondary metals recycler 2. purchases a nonferrous metal property 3. not listed in subdivision ( 5) of this section 4. for any cash consideration greater than one hundred dollars per transaction. PROPOSED OFFENSE CLASS Second and subsequent offenses, Class I felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with structured sentencing. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 5 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d) STATUTE § 66- 11. Dealing in regulated metals property; penalties. DESCRIPTION Subsection ( d)( 5) ( first offense): A person who 1. is a secondary metals recycler 2. purchases any of the statutorily prescribed regulated metals property, 3. except as provided by G. S. 66- 11( g). PROPOSED OFFENSE CLASS First offense, Class 1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. Proposed G. S. 66- 11( d)( 5) provides the following list of regulated metals property: any regulated metal marked with the initials or other identification of a telephone, cable, electric, water, or other public utility, or any brewer, any utility access cover, any street light pole or fixture, any road or bridge guard rail, any highway or street sign, any water meter cover, any metal beer keg, including any made of stainless steel that is clearly marked as being the property of the beer manufacturer, any traffic directional or control sign, any traffic light signal, any regulated metal marked with the name of a government entity, any property owned by a railroad and marked and otherwise identified as such, or any historical marker or any grave marker or burial vase. Proposed G. S. 66- 11( g) states that this section does not apply to ( 1) purchases of regulated metals property from a manufacturing, industrial, government, or other commercial vendor that generates or sells regulated metals property in the ordinary course of its business; or ( 2) purchases of regulated metals property that involve only beverage containers. The Legislative Review Subcommittee reviewed a similar provision in House Bill 323, Ed. 1 on May 1, 2009, and found it to be consistent with the Offense Classification Criteria for a Class 1 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 6 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 323 – Prevent Theft of Scrap Metals [ Ed. 3] ( cont’d) STATUTE § 66- 11. Dealing in regulated metals property; penalties. DESCRIPTION Subsection ( d)( 5) ( second and subsequent offenses): A person who 1. is a secondary metals recycler 2. purchases any of the statutorily prescribed regulated metals property, 3. except as provided by G. S. 66- 11( g). PROPOSED OFFENSE CLASS Second and subsequent offenses, Class I felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. This provision is substantially similar to a provision in House Bill 323, Ed. 1, reviewed by the Legislative Review Subcommittee in May 2009. The subcommittee found the classification to be inconsistent with the Offense Classification Criteria, with a note that the Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level, and increasing the offense class based on prior convictions is inconsistent with structured sentencing. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with structured sentencing. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 7 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 440 – The Nicholas Adkins School Bus Safety Act [ Ed. 3] STATUTE § 20- 217. Motor vehicles to stop for properly marked and designated school buses in certain instances; evidence of identity of driver. DESCRIPTION Subsection ( g): A person who 1. is a driver of a vehicle 2. and willfully 3. proceeds to move, pass, or attempt to pass 4. a school bus displaying its mechanical stop signal or red flashing lights, which is stopped for the purpose of receiving or discharging passengers 5. before the mechanical stop signal is withdrawn, the red flashing lights are turned off, and the school bus has begun to move, 6. striking and causing the death of any person. PROPOSED OFFENSE CLASS Class H felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss from any structure designed to house or secure any activity or property, loss occasioned by the taking or removing of property or by breach of trust, formal or informal, in personal injury, or in significant societal injury as Class H felonies. Currently, G. S. 20- 217( g) provides that any person willfully violates subsection ( a), proceeding to move, pass or attempt to pass a stopped school bus before the school bus has withdrawn the stop signal, turned off the red flashing lights and begun to move, is guilty of a Class I felony. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The Offense Classification Criteria were not used in the classification of homicide offenses. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 8 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 471 – Selling Motor Vehicle Registration Unlawful [ Ed. 2] STATUTE § 20- 79.1. Use of temporary registration plates or markers by purchasers of motor vehicles in lieu of dealers’ plates. DESCRIPTION Subsection ( l): A person 1. is not authorized to possess or sell a temporary registration plate 2. possess, sales, transfers, or delivers 3. a temporary plate 4. to any other person. PROPOSED OFFENSE CLASS Class 2 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. House Bill 471, Ed. 1, was reviewed at the April 3, 2009 meeting of the Legislative Review Subcommittee. The Subcommittee found the bill to be inconsistent with the Offense Classification Criteria for a Class 1 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 9 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] STATUTE § 20- 62.1. Purchase of vehicles for purposes of scrap or parts only. DESCRIPTION Subsection ( a)( 1)( h) ( first offense): A person who 1. is a secondary metals recycler and a salvage yard, 2. purchases motor vehicles 3. solely for the purposes of dismantling or wrecking such motor vehicle for a. the recovery of scrap metal, or b. the sale of parts only, 4. and fails to maintain a record of all purchase transactions of motor vehicles, including a. the name and address of the person from whom the motor vehicle is being purchased, and b. the license plate number and state of issuance of the vehicle used to deliver the vehicle being sold. PROPOSED OFFENSE CLASS First offense, Class 1 misdemeanor ( G. S. 20- 62.1( c)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. This provision is substantially similar to a provision in House Bill 608, Ed. 1, reviewed by the Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be consistent with the Offense Classification Criteria for a Class 1 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 10 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont’d) STATUTE § 20- 62.1. Purchase of vehicles for purposes of scrap or parts only. DESCRIPTION Subsection ( a)( 1)( h) ( second and subsequent offenses): A person who 1. is a secondary metals recycler and a salvage yard, 2. purchases motor vehicles 3. solely for the purposes of dismantling or wrecking such motor vehicle for a. the recovery of scrap metal, or b. the sale of parts only, 4. and fails to maintain a record of all purchase transactions of motor vehicles, including a. the name and address of the person from whom the motor vehicle is being purchased, and b. the license plate number and state of issuance of the vehicle used to deliver the vehicle being sold. PROPOSED OFFENSE CLASS Second and subsequent offenses, Class I felony ( G. S. 20- 62.1( c)). ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. This provision is substantially similar to a provision in House Bill 608, Ed. 1, reviewed by the Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be inconsistent with the Offense Classification Criteria and noted that the Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with structured sentencing. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 11 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont’d) STATUTE § 20- 62.1. Purchase of vehicles for purposes of scrap or parts only. DESCRIPTION Subsection ( a)( 1)( j) ( first offense): A person who 1. is a secondary metals recycler and a salvage yard, 2. purchases motor vehicles 3. solely for the purposes of dismantling or wrecking such motor vehicle for a. the recovery of scrap metal, or b. for the sale of parts only, must 4. maintain a record of all purchase transactions of motor vehicles, which must include, a. a report, as described below, filed with the Division of Motor Vehicles. PROPOSED OFFENSE CLASS First offense, Class 1 misdemeanor ( G. S. 20- 62.1( c)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. Proposed G. S. 20- 62.1( a)( 1)( j) provides that an individual or entity engaged in the business of operating a salvage yard or secondary metals recycler shall file a report with the Division at a frequency not less than weekly. The report shall contain an inventory of all motor vehicles purchased, which shall include the vehicle identification number of each vehicle, the date on which each vehicle was obtained, the name of the person or entity from whom it was obtained, and a statement of whether the vehicle was or will be crushed or disposed of for sale or other purposes. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 12 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont’d) STATUTE § 20- 62.1. Purchase of vehicles for purposes of scrap or parts only. DESCRIPTION Subsection ( a)( 1)( j) ( second and subsequent offenses): A person who 1. is a secondary metals recycler and a salvage yard, 2. purchases motor vehicles 3. solely for the purposes of dismantling or wrecking such motor vehicle for a. the recovery of scrap metal, or b. for the sale of parts only, must 4. maintain a record of all purchase transactions of motor vehicles, which must include, a. a report, as described below, filed with the Division of Motor Vehicles. PROPOSED OFFENSE CLASS Second and subsequent offenses, Class I felony ( G. S. 20- 62.1( c)). ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with structured sentencing. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 13 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont’d) STATUTE § 20- 62.1. Purchase of vehicles for purposes of scrap or parts only. DESCRIPTION Subsection ( a)( 1)( k) ( first offense): A person who 1. is a secondary metals recycler and a salvage yard, 2. purchases motor vehicles 3. solely for the purposes of dismantling or wrecking such motor vehicle for a. the recovery of scrap metal, or b. for the sale of parts only, must 4. maintain a record of all purchase transactions of motor vehicles, which must include a. a receipt for the purchase of the motor vehicle that his signed by all parties to the sale. PROPOSED OFFENSE CLASS First offense, Class 1 misdemeanor ( G. S. 20- 62.1( c)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. This provision is substantially similar to a provision in House Bill 608, Ed. 1, reviewed by the Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be consistent with the Offense Classification Criteria for a Class 1 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 14 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 608 – Require Title for Scrapped Vehicles [ Ed. 2] ( cont���d) STATUTE § 20- 62.1. Purchase of vehicles for purposes of scrap or parts only. DESCRIPTION Subsection ( a)( 1)( k) ( second and subsequent offenses): A person who 1. is a secondary metals recycler and a salvage yard, 2. purchases motor vehicles 3. solely for the purposes of dismantling or wrecking such motor vehicle for a. the recovery of scrap metal, or b. for the sale of parts only, must 4. maintain a record of all purchase transactions of motor vehicles, which must include a. a receipt for the purchase of the motor vehicle that his signed by all parties to the sale. PROPOSED OFFENSE CLASS Second and subsequent offenses, Class I felony ( G. S. 20- 62.1( c)). ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. This provision is substantially similar to a provision in HB 608, Ed. 1, reviewed by the Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be inconsistent with the Offense Classification Criteria, noting that the Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with structured sentencing. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 15 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] STATUTE § 90- 113.82. Glass tubes or splitters; restrictions on sales. DESCRIPTION Subsection ( a): A person who 1. is a retailer and 2. willfully and knowingly 3. offers glass tubes or splitters for retail sale by self- service. PROPOSED OFFENSE CLASS Class 2 misdemeanor ( G. S. 90- 113.83( a)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. “ Glass tubes” are defined in G. S. 90- 113.81( a) as an object which is a hollow glass cylinder, either open or closed at either end, is no less than two or more than seven inches in length, is no less than one- eighth inch or more than three- fourths inch in diameter, may be used to facilitate, or intended or designed to facilitate, violations of the Controlled Substances Act, and is sold individually, or in connection with another object such as a novelty holder, flower vase, or pen ( list is illustrative, not exclusive). A “ splitter” is defined in G. S. 90- 113.81( c) as a ring- shaped devise that allows insertion of a wrapped tobacco product, such as a cigar, so that it can be pulled through the device, and which cuts or slices the wrapping of the tobacco product along the product’s length as it is drawn through the device. This provision is substantially similar to a provision in House Bill 722, Ed. 1, reviewed by the Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be inconsistent with the Offense Classification Criteria for a Class 3 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 16 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d) STATUTE § 90- 113.82. Glass tubes or splitters; restrictions on sales. DESCRIPTION Subsection ( b): A person who: 1. is a retailer and 2. knowingly and willfully 3. transfers to any member of the public 4. a glass tube or splitter 5. without requiring the purchaser to a. present identification that includes a photograph that is an accurate depiction of the person and that also includes the person’s name and current address, b. enter his/ her name and current address on a record that the retailer shall maintain, and c. sign his/ her name, verifying by signature the glass tube or splitter will not be used as drug paraphernalia. PROPOSED OFFENSE CLASS Class 2 misdemeanor ( G. S. 90- 113.83( a)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. This provision is substantially similar to a provision in House Bill 722, Ed. 1, reviewed by the Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be inconsistent with the Offense Classification Criteria for a Class 3 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 17 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d) STATUTE § 90- 113.82. Glass tubes or splitters; restrictions on sales. DESCRIPTION Subsection ( b): A person who: 1. knowingly makes a false statement or representation in fulfilling the requirements of G. S. 90- 113.82( b). PROPOSED OFFENSE CLASS Class 1 misdemeanor ( G. S. 90- 113.83( b)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 18 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d) STATUTE § 90- 113.82. Glass tubes or splitters; restrictions on sales. DESCRIPTION Subsection ( c): A person who: 1. is a retailer where glass tubes are available for sale 2. willfully and knowingly 3. fails to maintain the record described in G. S. 113- 82( b) for a period of two years from the date of each transaction. PROPOSED OFFENSE CLASS Class 2 misdemeanor ( G. S. 90- 113.83( a)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. This provision is substantially similar to a provision in House Bill 722, Ed. 1, reviewed by the Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be inconsistent with the Offense Classification Criteria for a Class 3 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 19 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d) STATUTE § 90- 113.82. Glass tubes or splitters; restrictions on sales. DESCRIPTION Subsection ( d): A person who: 1. is a retailer where glass tubes are available for sale 2. willfully and knowingly 3. fails keep readily available, within 48 hours of the time of the transaction, for inspection by an authorized official, the required record. PROPOSED OFFENSE CLASS Class 2 misdemeanor ( G. S. 90- 113.83( a)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. “ Authorized officials” are federal, State, or local law enforcement. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission���s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 20 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 722 – Paraphernalia Control Act [ Ed. 4] ( cont’d) STATUTE § 90- 113.82. Glass tubes or splitters; restrictions on sales. DESCRIPTION Subsection ( e): A person who: 1. is a retailer where glass tubes are available for sale 2. willfully and knowingly 3. fails to train its agents and employees of the requirements of G. S. 90- 113.82. PROPOSED OFFENSE CLASS Class 2 misdemeanor ( G. S. 90- 113.83( a)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. This provision is substantially similar to a provision in House Bill 722, Ed. 1, reviewed by the Legislative Review Subcommittee in April 2009. The subcommittee found the provision to be inconsistent with the Offense Classification Criteria for a Class 3 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 21 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 885 – Targeted Picketing [ Ed. 3] STATUTE § 14- 277.4. Targeted picketing of a residence. DESCRIPTION Subsection ( c): A person who 1. engages in targeted picketing 2. when the person knows or should know 3. that the manner in which he/ she is picketing would cause, in a reasonable person, either: a. fear for the person’s safety or the safety of the person’s immediate family or close personal associates, or b. substantial emotional distress. PROPOSED OFFENSE CLASS Class 2 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. G. S. 14- 277.3A( b)( 4) defines substantial emotional distress as significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling. This bill does not prohibit general picketing that proceeds through residential neighborhoods or past residences. This provision is substantially similar to a provision in House Bill 885, Ed. 2, reviewed by the Legislative Review Subcommittee in May 2009. The subcommittee found the provision to be inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor, with a note that it would be consistent with the Offense Classification Criteria for a Class 3 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 22 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1] STATUTE § 130A- 291.1. Septage management program; permit fees. DESCRIPTION A person who 1. is required to obtain a septage management permit from the Department of Environment and Natural Resources, 2. engages in the land application of septage, and 3. applies the septage on a public park, school grounds, or athletic field. PROPOSED OFFENSE CLASS Class 1 misdemeanor ( G. S. 130A- 25( a)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. “ Septage” is defined as solid waste that is a fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin which is removed from a wastewater system ( G. S. 130A- 290( a)( 32)). FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 23 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1] ( cont’d) STATUTE § 143- 215.1. Control of sources of water pollution; permits required. DESCRIPTION A person who 1. is required to obtain a permit under G. S. 143- 215.1( d) for the land application of waste, when the waste is “ sludge” as defined by G. S. 130A- 290( 34), and 2. negligently applies the sludge on a public park, school grounds, or athletic field. PROPOSED OFFENSE CLASS Class 2 misdemeanor ( G. S. 143- 215.6B( f)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. “ Sludge” is any solid, semisolid or liquid waste generated from a municipal, commercial, institutional or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, or any other waste having similar characteristics and effects ( G. S. 130A- 290( a)( 34)). FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 24 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1] ( cont’d) STATUTE § 143- 215.1. Control of sources of water pollution; permits required. DESCRIPTION A person who 1. is required to obtain a permit under G. S. 143- 215.1( d) for the land application of waste, when the waste is “ sludge” as defined by G. S. 130A- 290( 34), and 2. knowingly and willfully applies the sludge on a public park, school grounds, or athletic field. PROPOSED OFFENSE CLASS Class I felony ( G. S. 143- 215.6B( g)). ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. “ Sludge” is any solid, semisolid or liquid waste generated from a municipal, commercial, institutional or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, or any other waste having similar characteristics and effects ( G. S. 130A- 290( a)( 34)). FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 25 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1218 – No Sludge Applied on Certain Public Spaces [ Ed. 1] ( cont’d) STATUTE § 143- 215.1. Control of sources of water pollution; permits required. DESCRIPTION A person who 1. is required to obtain a permit under G. S. 143- 215.1( d) for the land application of waste, when the waste is “ sludge” as defined by G. S. 130A- 290( 34), and 2. knowingly applies the sludge on a public park, school grounds, or athletic field 3. while knowing that the act places another person in imminent danger of death or serious bodily injury. PROPOSED OFFENSE CLASS Class C felony ( G. S. 143- 215.6B( h)). ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious long- term personal injury or in serious long- term or widespread societal injury as Class C felonies. “ Sludge” is any solid, semisolid or liquid waste generated from a municipal, commercial, institutional or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, or any other waste having similar characteristics and effects ( G. S. 130A- 290( a)( 34)). FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The offense would be consistent with the Offense Classification Criteria for a Class E felony. The Sentencing Commission classified offenses which reasonably tend to result or do result in serious personal injury as Class E felonies. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 26 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/ CLASS ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1242 – Youthful Offender Sentence Review [ Ed. 2] STATUTE § 15A- 1480. Post- sentencing review for youthful offender. DESCRIPTION A person who 1. was convicted of a Class B1, B2, C, or D felony committed at 13, 14, or 15 years of age 2. received an active sentence with a minimum term of at least 84 months, and 3. has served at least 84 months of the sentence. PUNISHMENT RANGE CURRENT: Release onto post- release supervision 9 months prior to the expiration of the person’s maximum prison term less any accumulated earned time ( G. S. 15A- 1368.2( a)). PROPOSED: Upon the person’s filing of a petition for post- sentencing review, the superior court may reduce or suspend the sentence, conditioned upon the successful completion of a period of post- release supervision as ordered by the court. ANALYSIS The court determines the date of release and may impose a longer period of post- release supervision than is provided by G. S. 15A- 1368.2. If post- release supervision is revoked in response to a violation, the modified sentence is void and the person must serve the remainder of the maximum term of the original sentence. The Sentencing Commission reviewed a similar provision in Edition 1 of HB 1242 on May 1, 2009, and found it to be inconsistent with G. S. 164- 41. Edition 1 of the bill did not condition the modification of a sentence upon the successful completion of post- release supervision, did not authorize the court to impose a longer period of post- release supervision than required by G. S. 15A- 1368.2, and did not provide that the modified sentence would be void if post- release supervision is revoked. FINDINGS Bill is consistent with G. S. 164- 41. Bill is inconsistent with G. S. 164- 41. G. S. 164- 41 is not applicable. DATE OF REVIEW: 06/ 12/ 2009 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 27 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1255 – Sex Offenders/ Permanent No Contact Order [ Ed. 2] STATUTE § 15A- 1340.50. Permanent no contact order prohibiting future contact by convicted sex offender with crime victim. DESCRIPTION A person who 1. knowingly violates 2. a permanent no contact order entered pursuant to Article 81D ( Permanent No Contact Order Against Convicted Sex Offender) of G. S. Chapter 15A. PROPOSED OFFENSE CLASS Class A1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in serious injury to person or battery of a person who is a vulnerable victim or a member of a protected class as Class A1 misdemeanors. The bill would allow the sentencing judge to enter an order permanently enjoining a defendant convicted of an offense requiring sex offender registration from having any contact with the victim. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 28 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1256 – Larceny of a Motor Vehicle Part [ Ed. 3] STATUTE § 14- 72.8. Larceny of motor vehicle parts. DESCRIPTION ( First offense) A person who 1. commits larceny 2. of a motor vehicle part valued at $ 1,000 or less PROPOSED OFFENSE CLASS “[ M] ay be punished” as a Class 1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, or serious injury to society as Class 1 misdemeanors. Larceny of property valued at $ 1000 or less is a Class 1 misdemeanor under G. S. 14- 72( a). Edition 1 of the bill provided that the offense “ shall be punished” as a Class 1 misdemeanor. The Commission reviewed Edition 1 on May 1, 2009 and found it to be consistent with the Offense Classification Criteria for a Class 1 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The use of the permissive term “ may” makes the classification of the offense ambiguous and, therefore, inconsistent with Structured Sentencing. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 29 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1256 – Larceny of a Motor Vehicle Part [ Ed. 3] ( cont’d) STATUTE § 14- 72.8. Larceny of motor vehicle parts. DESCRIPTION ( Second or subsequent offense) A person who 1. commits larceny 2. of a motor vehicle part valued at $ 1,000 or less PROPOSED OFFENSE CLASS “[ M] ay be punished” as a Class I felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. Edition 1 of the bill provided that the offense “ shall be punished” as a Class I felony. The Commission reviewed Edition 1 on May 1, 2009 and found it to be inconsistent with the Offense Classification Criteria for a Class I felony. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The use of the permissive term “ may” makes the classification of the offense ambiguous and, therefore, inconsistent with Structured Sentencing. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with structured sentencing. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 30 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1287 – Recycle Products Containing Mercury [ Ed. 4] STATUTE § 130A- 309.10. Prohibited acts relating to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited. DESCRIPTION Subsection ( m): A person who 1. knowingly disposes of 2. mercury- containing a. fluorescent lights, or b. thermostats 3. in an unlined landfill. PROPOSED OFFENSE CLASS Class 1 misdemeanor ( G. S. 130A- 25( a), 14- 3( a)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 31 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1287 – Recycle Products Containing Mercury [ Ed. 4] ( cont’d) STATUTE § 130A- 310.61. Removal and recycling of mercury- containing products from structures to be demolished. DESCRIPTION A person who 1. is the a. contractor responsible for the demolition of a building or structure, or b. owner of the building or structure to be demolished 2. and fails to remove all mercury- containing fluorescent lights and thermostats from the building or structure 3. prior to the demolition. PROPOSED OFFENSE CLASS Class 1 misdemeanor ( G. S. 130A- 25( a), 14- 3( a)). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT OF BILL ON NEXT PAGE SOURCE: NC Sentencing and Policy Advisory Commission FY 2007/ 08 Felony and Misdemeanor Simulation Data. 32 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION CONFIDENTIAL FISCAL NOTE HB 1287: RECYCLE PRODUCTS CONTAINING MERCURY [ v. 2] ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED SENTENCING Section 1. Enacts new Part 7 ( Management of Certain Products That Contain Mercury) of G. S. Chapter 130A ( Public Health), Article 9 ( Solid Waste Management). G. S. 130A- 310.60. Recycling required by State agencies. Subsection ( a) requires each State agency and political subdivision using State funds to establish a program to collect and recycle spent, mercury- containing fluorescent lights and thermostats which are generated by State offices. Subsection ( b) requires each agency to submit a report to the Department of Administration and the Department of Environment and Natural Resources ( DENR) on or before February 1, 2010, documenting its compliance with subsection ( a). These Departments must compile the information and submit a joint report to the Environmental Review Commission by May 1, 2010; and DENR must include information about this program in its annual report to the Commission under G. S. 130A- 309.06( c), regarding the status of solid waste management efforts in the State. A person ( including an individual, unit of local government, or State agency, see G. S. 130A- 290( 22)), who knowingly makes any false statement, representation, or certification in a report or document filed or required to be maintained under Article 9 is guilty of a Class 2 misdemeanor ( per G. S. 130A- 26.2, Penalty for false reporting under Article 9). Under G. S. 13A- 310.60, agencies are required to report only once, by February 1, 2010, limiting the potential impact of this provision. Effective upon becoming law. Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data from which to estimate the impact of this bill on the prison population. It is not known how many offenders might be convicted and sentenced under the proposed bill. In FY 2007/ 08, 20% of Class 2 misdemeanor convictions resulted in active sentences. The average estimated time served for Class 2 convictions was 10 days. Offenders serving active sentences of 90 days or less are housed in county jails. Therefore, convictions for this proposed offense would not be expected to have a significant impact on the prison population. The impact on local jail populations is not known. SOURCE: NC Sentencing and Policy Advisory Commission FY 2007/ 08 Felony and Misdemeanor Simulation Data. 33 G. S. 130A- 310.61. Removal and recycling of mercury- containing products from structures to be demolished. Section 130A- 310.61 requires the contractor responsible for the demolition of a building or structure or the owner of the building or structure to be demolished to remove all mercury- containing fluorescent lights and thermostats prior to the demolition. Violation of any provision of Chapter 130A is a Class 1 misdemeanor pursuant to G. S. 130A- 25( a) ( and G. S. 14- 3( a)). In FY 2007/ 08, there were 9 convictions under G. S. 130A- 25. Effective upon becoming law. Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data from which to estimate the impact of this bill on the prison population. It is not known how many offenders might be convicted and sentenced under the proposed bill. In FY 2007/ 08, 21% of Class 1 misdemeanor convictions resulted in active sentences. The average estimated time served for Class 1 convictions was 30 days. Offenders serving active sentences of 90 days or less are housed in county jails. Therefore, convictions for this proposed offense would not be expected to have a significant impact on the prison population. The impact on local jail populations is not known. Section 2. Adds new subsection ( m) to G. S. 130- 309.10, Prohibited acts relating to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited. Subsection ( m) prohibits the knowing disposal of mercury- containing fluorescent lights and thermostats in an unlined sanitary landfill for the disposal of construction and demolition debris waste, or in any other unlined landfill. Violation is a Class 1 misdemeanor pursuant to G. S. 130A- 25( a) ( and 14- 3( a)). In FY 2007/ 08, there were 9 convictions under G. S. 130A- 25. Effective December 1, 2009, and applies to offenses occurring on or after that date. Since the proposed bill creates a new offense, the Sentencing Commission does not have any historical data from which to estimate the impact of this bill on the prison population. It is not known how many offenders might be convicted and sentenced under the proposed bill. In FY 2007/ 08, 21% of Class 1 misdemeanor convictions resulted in active sentences. The average estimated time served for Class 1 convictions was 30 days. Offenders serving active sentences of 90 days or less are housed in county jails. Therefore, convictions for this proposed offense would not be expected to have a significant impact on the prison population. The impact on local jail populations is not known. A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 34 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2] STATUTE § 14- 208.11. Failure to register; falsification of verification notice; failure to return verification form; order for arrest. DESCRIPTION A person who 1. is required to register as a sex offender, and 2. willfully fails to notify the registering sheriff of 3. the establishment of a temporary residence. PROPOSED OFFENSE CLASS Class F felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in significant personal injury or serious societal injury as Class F felonies. A person required to register as a sex offender must notify the registering sheriff if he or she intends to maintain a temporary residence at one location for 5 or more calendar days within a 30- calendar- day period, or for more than 30 total days in a calendar year. Notice must be given in person within 72 hours after the offender knows or should know that he or she will be maintaining the temporary residence ( G. S. 14- 208.9( a1)). Edition 1 of the bill limited this provision to sexually violent predators and offenders subject to the most stringent of three tiers of registration requirements. The Commission reviewed Edition 1 on May 1, 2009 and found it to be consistent with the Offense Classification Criteria for a Class F felony. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 35 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2] ( cont’d) STATUTE § 14- 208.11B. Failure to report termination of temporary residence. DESCRIPTION ( First offense) A person who 1. is required to register as a sex offender, and 2. willfully fails to notify the registering sheriff 3. that the person has ceased to abide at a temporary residence. PROPOSED OFFENSE CLASS Class A1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in serious injury to person or battery of a person who is a vulnerable victim or a member of a protected class as Class A1 misdemeanors. A person required to register as a sex offender must notify the sheriff of the registering county within 72 hours that he or she has ceased to abide at the temporary residence ( G. S. 14- 208.9( a1)). Edition 1 of the bill limited this provision to sexually violent predators and offenders subject to the most stringent of three tiers of registration requirements. The Commission reviewed Edition 1 on May 1, 2009 and found it inconsistent with the Offense Classification Criteria for a Class A1 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 36 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2] ( cont’d) STATUTE § 14- 208.11B. Failure to report termination of temporary residence. DESCRIPTION ( Second or subsequent offense) A person who 1. is required to register as a sex offender, and 2. willfully fails to notify the registering sheriff 3. that the person has ceased to abide at a temporary residence. PROPOSED OFFENSE CLASS Class H felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in personal injury, or in significant societal injury as Class H felonies. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Edition 1 of the bill limited this provision to sexually violent predators and offenders subject to the most stringent of three tiers of registration requirements. The Commission reviewed Edition 1 on May 1, 2009 and found it inconsistent with the Offense Classification Criteria for a Class H felony. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The Structured Sentencing punishment chart takes a defendant’s prior record into account through the Prior Record Level. Increasing the offense class based on prior convictions is inconsistent with structured sentencing. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 37 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2] ( cont’d) STATUTE § 14- 208.16. Residential restrictions. DESCRIPTION A person who 1. is a registered sex offender, and 2. knowingly maintains a temporary residence 3. within 1,000 feet of the property on which any school or child care center is located. PROPOSED OFFENSE CLASS Class G felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss from the person or from the person’s dwelling as Class G felonies. A “ temporary residence” is a place where a person abides other than the person’s reported residential address ( G. S. 14- 208.6( 10)). It is currently a Class G felony to knowingly reside within 1,000 feet of the property on which any school or child care center is located ( G. S. 14- 208.16). Edition 1 of the bill limited this provision to sexually violent predators and offenders subject to the most stringent of three tiers of registration requirements. The Commission reviewed Edition 1 on May 1, 2009 and found it inconsistent with the Offense Classification Criteria for a Class G felony. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 38 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1317 – Sex Offender Registry Changes [ Ed. 2] ( cont’d) STATUTE § 14- 208.18. Sex offender unlawfully on premises. DESCRIPTION A person who 1. is required to register under the Sex Offender Registration Program, or its out- of- state equivalent, 2. committed a. an offense in G. S. Chapter 14, Article 7A ( Rape and Other Sex Offenses), or b. an offense where the victim of the offense was under the age of 16 years at the time of the offense, 3. and is knowingly on any of the following premises: a. an institution of higher education. b. a gymnasium or fitness facility that allows minors to use the facility. c. a county or state fair while the fair is being held. d. a public library while activities or programs primarily intended for minors are being conducted. e. a movie theatre showing a movie rated “ G” or “ PG” or f. a location that is a school bus stop, while the place is being used as a school bus stop. PROPOSED OFFENSE CLASS Class H felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in personal injury or in significant societal injury as Class H felonies. It is currently a Class H felony under G. S. 14- 208.18 for these offenders to knowingly be ( 1) on the premises of any place intended primarily for the use, care, or supervision of minors, ( 2) within 300 feet of any location intended primarily for the use, care, or supervision of minors located on premises that are not intended primarily for this purpose, or ( 3) at any place where minors gather for regularly scheduled educational, recreational or social programs. The Sentencing Commission reviewed this offense in HB 933 [ v. 2] in June, 2008, and found it to be inconsistent with the Offense Classification Criteria for a Class H felony, but noted that it would be consistent with a Class H felony if the offense was limited to being on the specified premises. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 39 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1332 – Create Criminal Offense of Felony Affray [ Ed. 2] STATUTE § 14- 34.10. Felonious affray with the use of a deadly weapon resulting in death or serious bodily injury. DESCRIPTION Subsection ( a): A person who 1. while engaged in an affray 2. uses a deadly weapon 3. resulting in the death of another. PROPOSED OFFENSE CLASS Class C felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious long- term personal injury or in serious long- term or widespread societal injury as Class C felonies. The Offense Classification Criteria were not used in the classification of homicide offenses. Edition 1 of the bill made it a Class C felony to engage in an affray in which a deadly weapon is used, resulting in another person’s death. The Sentencing Commission reviewed Edition 1 of HB 1332 on May 1, 2009, and found the Offense Classification Criteria not to be applicable. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. The Offense Classification Criteria were not used in the classification of homicide offenses. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 40 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1332 – Create Criminal Offense of Felony Affray [ Ed. 2] ( cont’d) STATUTE § 14- 34.10. Felonious affray with the use of a deadly weapon resulting in death or serious bodily injury. DESCRIPTION Subsection ( b): A person who 1. while engaged in an affray 2. uses a deadly weapon 3. resulting in the serious bodily injury of another. PROPOSED OFFENSE CLASS Class E felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious personal injury as Class E felonies. Engaging in an affray using a deadly weapon or inflicting serious injury is a Class A1 misdemeanor ( G. S. 14- 33( c)). Assault inflicting serious bodily injury is a Class F felony ( G. S. 14- 32.4). Assault with a deadly weapon inflicting serious injury is a Class E felony ( 14- 32( b)). Edition 1 of the bill made it a Class E felony to engage in an affray in which a deadly weapon is used, resulting in serious bodily injury to another person. The Sentencing Commission reviewed Edition 1 of HB 1332 on May 1, 2009, and found the offense to be consistent with the Offense Classification Criteria for a Class E felony. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 41 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1378 – Clean Marinas/ Pumpout Stations [ Ed. 3] STATUTE § 77- 128. Vessel owner and operator required to keep log of pumpout dates. DESCRIPTION A person who 1. is the owner or operator 2. of a vessel having a marine sanitation device 3. and fails to maintain a record of a. the date of each pumpout of the marine sanitation device and b. the location of the pumpout facility 4. for a period of one year from the date of the pumpout. PROPOSED OFFENSE CLASS Class 3 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in minor injury to persons, minor injury to property, or minor injury to society as Class 3 misdemeanors. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 42 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1378 – Clean Marinas/ Pumpout Stations [ Ed. 3] ( cont’d) STATUTE § 77- 129. No discharge of treated or untreated sewage in coastal waterways. DESCRIPTION A person who 1. discharges 2. into coastal waters 3. any treated or untreated sewage, including effluent produced or held by a marine sanitation device. PROPOSED OFFENSE CLASS Class 1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property or serious injury to society as Class 1 misdemeanors. In Edition 1 of HB 1378, the offense applied only to operators of a vessel. The Sentencing Commission reviewed Edition 1 on May 1, 2009, and found the offense to be consistent with the Offense Classification Criteria for a Class 1 misdemeanor. \ FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 43 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1404 – Naturopathic Doctors Licensing Act [ Ed. 1] STATUTE § 90- 805. License required; exemptions. DESCRIPTION A person who 1. without a license a. practices or offers to practice as a naturopathic doctor, b. performs naturopathic medicine, or c. uses any card, title, or abbreviation to indicate that the person is a naturopathic doctor. PROPOSED OFFENSE CLASS Class I felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. Naturopathic medicine is a system that employs natural therapies and diagnostic techniques for the promotion, maintenance, and restoration of health and the prevention of disease ( G. S. 90- 803). The Sentencing Commission reviewed an identical provision in SB 1043 on April 3, 2009, and found it to be inconsistent with the Offense Classification Criteria for a Class I felony. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 44 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1444 – Limited Hunting Privilege/ Nonviolent Felons [ Ed. 2] STATUTE § 14- 415.51. Violations of this Article; penalties. DESCRIPTION Subsection ( a): ( Second or subsequent offense) A person who 1. has been issued a valid limited hunting privilege permit and a. carries a firearm without the permit in the person’s possession b. carries a firearm not described on the permit, or c. fails to disclose to a law enforcement officer that the person holds a valid permit and is carrying a firearm, as required by G. S. 14- 415.41. PROPOSED OFFENSE CLASS Class 2 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. A first offense under subsection ( a) is an infraction. The bill would create a limited hunting privilege permit, allowing persons who were convicted of one non- violent felony and who otherwise meet the criteria in G. S. 14- 415.42 to own and carry a rifle or shotgun solely for the purpose of hunting game or related hunting activities. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 45 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1444 – Limited Hunting Privilege/ Nonviolent Felons [ Ed. 2] ( cont’d) STATUTE § 14- 415.51. Violations of this Article; penalties. DESCRIPTION Subsection ( b): A person who 1. makes a false affidavit, or knowingly swears or affirms falsely, 2. to any matter or thing required to be sworn or affirmed by Article 54C ( Limited Hunting Privilege Permit). PROPOSED OFFENSE CLASS Class I felony. ANALYSIS The Sentencing Commission classified offenses which reasonably tend to result or do result in serious property loss or societal injury as Class I felonies. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 46 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] STATUTE § 136- 133.1. Outdoor advertising selective vegetation removal. DESCRIPTION A person who 1. cuts, trims, or otherwise removes 2. vegetation that is a. in front of, or adjacent to, outdoor advertising, and b. within the limits of the highway right- of- way 3. in order to enhance the visibility of outdoor advertising 4. without a permit from the Department of Transportation. PROPOSED OFFENSE CLASS Class 1 misdemeanor ( G. S. 136- 135). ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in serious injury to property or serious societal injury as Class 1 misdemeanors. This Commission reviewed an identical provision in SB 983 in April of 2009, and SB 150 in March of 2007, and found it to be inconsistent with the Offense Classification Criteria for a Class 1 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 47 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d) STATUTE § 136- 133.6. Unlawful destruction or illegal cutting. DESCRIPTION Subdivision ( a)( 1): A person who 1. is either a. an outdoor advertising permit holder, or b. the owner of the commercial, institutional, industrial or office facility, or the private property owner 2. and receives written notice a. of the unauthorized destruction of vegetation b. from the Division of Highways 3. who fails, within 30 days, 4. to submit a report a. by a licensed landscape architect or certified arborist b. containing a tree inventory of existing trees, shrubs, or groundcover impacted. PROPOSED OFFENSE CLASS Class 2 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 48 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d) STATUTE § 136- 133.6. Unlawful destruction or illegal cutting. DESCRIPTION Subdivision ( a)( 2): A person who 1. is either a. an outdoor advertising permit holder, or b. the owner of the commercial, institutional, industrial or office facility, or the private property owner 2. and receives written notice a. of the unauthorized destruction of vegetation b. from the Division of Highways 3. who fails, within 30 days, 4. to a. contact the Department of Agriculture and Consumer Pesticide Safety Section, and b. include a copy of the agency’s report and findings c. if unauthorized pesticides appear to have been applied. PROPOSED OFFENSE CLASS Class 2 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 49 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d) STATUTE § 136- 133.6. Unlawful destruction or illegal cutting. DESCRIPTION Subdivision ( a)( 3): A person who 1. is either a. an outdoor advertising permit holder, or b. the owner of the commercial, institutional, industrial or office facility, or the private property owner 2. and receives written notice a. of the unauthorized destruction of vegetation b. from the Division of Highways 3. who fails, within 30 days, to a. obtain a copy of the police report, and b. obtain and complete a State Bureau of Investigation’s State Property Incident Report. PROPOSED OFFENSE CLASS Class 2 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 50 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d) STATUTE § 136- 133.6. Unlawful destruction or illegal cutting. DESCRIPTION Subdivision ( a)( 4): A person who 1. is a. the owner of an outdoor advertising sign, b. the owner of the property on which an outdoor advertising sign is located, or c. the individual, business, or organization whose advertisement appears on the sign face, 2. and receives written notice a. of the unauthorized destruction of vegetation b. from the Division of Highways 3. who fails, within 30 days, 4. to submit a notarized affidavit a. admitting or denying responsibility for, or knowledge of, the incident, and c. disclosing any agents’ or assigns’ knowledge thereof. PROPOSED OFFENSE CLASS Class 2 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 51 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1583 – DOT Vegetation Removal Changes [ Ed. 1] ( cont’d) STATUTE § 136- 133.6. Unlawful destruction or illegal cutting. DESCRIPTION Subdivision ( a)( 5): A person who 1. either a. owns a business located in a commercial, industrial, institutional or office facility, or on private property, or b. owns a commercial, industrial, institutional or office facility, or private property 2. and receives written notice a. of the unauthorized destruction of vegetation b. from the Division of Highways 3. who fails, within 30 days, 4. to submit a notarized affidavit a. admitting or denying responsibility for, or knowledge of, the incident, and d. disclosing any agents’ or assigns’ knowledge thereof. PROPOSED OFFENSE CLASS Class 2 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. This Commission reviewed an identical provision in SB 983 in April of 2009, and found it to be inconsistent with the Offense Classification Criteria for a Class 2 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 52 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/ CLASS ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1606 – Adjust Prior Record Point Levels [ Ed. 1] STATUTE § 15A- 1340.14. Prior record level for felony sentencing. DESCRIPTION Restructures the prior record level point ranges to expand Level I and even out the remaining ranges. PUNISHMENT RANGE CURRENT: Prior Record Levels Level I – 0 points. Level II – At least 1, but no more than 4 points. Level III – At least 5, but no more than 8 points. Level IV – At least 9, but no more than 14 points. Level V – At least 15, but no more than 18 points. Level VI – At least 19 points. PROPOSED: Prior Record Levels Level I – Not more than 1 point. Level II – At least 2, but no more than 5 points. Level III – At least 6, but no more than 9 points. Level IV – At least 10, but no more than 13 points. Level V – At least 14, but no more than 17 points. Level VI – At least 18 points. ANALYSIS The Sentencing Commission reviewed an identical provision in SB 489 in April of 2009, HB 1445 in May of 2009, and found it to be consistent with G. S. 164- 41. FINDINGS Bill is consistent with G. S. 164- 41. Bill is inconsistent with G. S. 164- 41. G. S. 164- 41 is not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 53 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CHANGE THE PUNISHMENT RANGE FOR A CRIME/ CLASS ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 1607 – Adjust B1- E Felony Penalties [ Ed. 1] STATUTE § 15A- 1340.17. Punishment limits for each class of offense and prior record level. DESCRIPTION Reallocates three months from the minimum sentences in Classes B1 through E to the corresponding maximum sentences and increases the period of post- release supervision from nine months to twelve months. PUNISHMENT RANGE CURRENT: An offender is on post- release supervision for nine months. PROPOSED: The minimum sentence range would decrease by three months and the corresponding maximum would increase by three months. An offender would be on post- release supervision for twelve months. ANALYSIS This Sentencing Commission reviewed an identical provision in SB 490 in April of 2009, and HB 1445 in May of 2009, and found it to be consistent with G. S. 164- 41. FINDINGS Bill is consistent with G. S. 164- 41. Bill is inconsistent with G. S. 164- 41. G. S. 164- 41 is not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT ANALYSIS NOT REQUESTED YET A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 54 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: SB 167 – No Smoking/ Cell Phones on Prison Grounds [ Ed. 2] STATUTE § 14- 258.1. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities. facilities; furnishing tobacco products or mobile phones to inmates. DESCRIPTION Subsection ( c): A person who 1. knowingly gives or sells 2. any tobacco product 3. to a. an inmate in the custody of the Department of Correction and on the premises of a correctional facility, or b. a person who is not an inmate for delivery to such an inmate 4. other than for authorized religious purposes. PROPOSED OFFENSE CLASS Class 1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. On February 27, 2009, the Sentencing Commission reviewed Edition 1 of SB 167, which classified the proposed offense as a Class I felony. The Commission found the provision to be consistent with the Offense Classification Criteria for a Class I felony, but noted that it would also be consistent with the criteria for a Class 1 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 55 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: SB 167 – No Smoking/ Cell Phones on Prison Grounds [ Ed. 2] ( cont’d) STATUTE § 14- 258.1. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities. facilities; furnishing tobacco products or mobile phones to inmates. DESCRIPTION Subsection ( d): A person who 1. knowingly gives or sells 2. a mobile telephone or other wireless communications device, or a component thereof, 3. to a. an inmate in the custody of the Department of Correction, or b. a person who is not an inmate for delivery to an inmate. PROPOSED OFFENSE CLASS Class 1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. On February 27, 2009, the Sentencing Commission reviewed Edition 1 of SB 167, which classified the proposed offense as a Class I felony. The Commission found the provision to be consistent with the Offense Classification Criteria for a Class I felony, but noted that it would also be consistent with the criteria for a Class 1 misdemeanor. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 IMPACT OF BILL ON NEXT PAGE SOURCE: NC Sentencing and Policy Advisory Commission, FY 2007/ 08 Felony and Misdemeanor Simulation Data 56 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION CONFIDENTIAL FISCAL NOTE SB 167: NO SMOKING/ CELL PHONES ON PRISON GROUNDS [ 2] JUDICIARY I COMMITTEE SUBSTITUTE ADOPTED 5/ 7/ 09 ADDITIONAL PRISON POPULATION ABOVE THAT PROJECTED UNDER STRUCTURED SENTENCING SECTION 3. This section adds new subsections ( c) and ( d) to G. S. 14- 258.1. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or alcoholic beverages to inmates of charitable, mental or penal institutions or local confinement facilities; furnishing tobacco products or mobile phones to inmates. Subsection ( c) makes it a Class 1 misdemeanor for a person to knowingly give or sell any tobacco product, as defined in G. S. 148- 23.1( d)( 2), to an inmate in the custody of the Department of Correction and on the premises of a correctional facility, or to knowingly give or sell any tobacco product to a person who is not an inmate for delivery to an inmate in the custody of the Department of Correction and on the premises of a correctional facility, other than for authorized religious purposes. Because this subsection creates a new offense, the Sentencing Commission does not have any historical data from which to estimate the impact of this bill on the prison population. It is not known how many offenders might be convicted and sentenced under this proposed subsection. In FY 2007/ 08, 21% of Class 1 misdemeanor convictions resulted in active sentences. The average estimated time served for Class 1 convictions was 30 days. Offenders serving active sentences of 90 days or less are housed in county jails. Therefore, convictions for this proposed offense would not be expected to have a significant impact on the prison population. The impact on local jail populations is not known. Subsection ( d) makes it a Class 1 misdemeanor for a person to knowingly give or sell a mobile telephone or other wireless communication device, or a component of one of those devices, to an inmate in the custody of the Department of Correction, or to knowingly give or sell any such device or component to a person who is not an inmate for delivery to an inmate. Because this subsection creates a new offense, the Sentencing Commission does not have any historical data from which to estimate the impact of this bill on the prison population. It is not known how many offenders might be convicted and sentenced under this proposed subsection. In FY 2007/ 08, 21% of Class 1 misdemeanor convictions resulted in active sentences. The average estimated time served for Class 1 convictions was 30 days. Offenders serving active sentences of 90 days or less are housed in county jails. Therefore, convictions for this proposed offense would not be expected to have a significant impact on the prison population. The impact on local jail populations is not known. According to the Department of Correction, the Division of Prisons found 280 cell phones in CY 2008, with 216 from inmates, 42 from staff, 0 from visitors, and 22 from unknown origins. It is not known how many different individuals provided these cell phones. Effective March 1, 2010, and applies to offenses committed on or after that date. A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 57 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 836 – Removal of Electronic Monitoring Device [ Ed. 2]/ SB 713 – Removal of Electronic Monitoring Device [ Ed. 3] STATUTE § 14- 226.3. Interference with electronic monitoring device. DESCRIPTION A person who 1. is required to comply with electronic monitoring as a result of a criminal conviction, and 2. knowingly and without authority does, or requests or solicits another to, 3. remove, destroy, or circumvent the operation of 4. an electronic monitoring device used to monitor a person a. on house arrest or b. wearing an electronic monitoring devise as a condition of bond, pretrial release, probation, parole, or post- release supervision. PROPOSED OFFENSE CLASS One class lower than the most serious underlying offense. If the most serious underlying felony is a Class I felony, the offense is a Class A1 misdemeanor. ANALYSIS On April 3, 2009, the Sentencing Commission reviewed Edition 1 of HB 836/ SB 713, which classified the proposed offense as a Class E felony. The Commission found this provision to be inconsistent with the Offense Classification Criteria for a Class E felony. Senate Bill 713 bill exempts persons who are subject to electronic monitoring under the Juvenile Code. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 58 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 836 – Removal of Electronic Monitoring Device [ Ed. 2]/ SB 713 – Removal of Electronic Monitoring Device [ Ed. 3] ( cont’d) STATUTE § 14- 226.3. Interference with electronic monitoring device. DESCRIPTION A person who 1. is required to comply with electronic monitoring as a condition of bond or pretrial release, and 2. knowingly and without authority does, or requests or solicits another to, 3. remove, destroy, or circumvent the operation of 4. an electronic monitoring device used to monitor a person a. on house arrest or b. wearing an electronic monitoring devise as a condition of bond, pretrial release, probation, parole, or post- release supervision. PROPOSED OFFENSE CLASS Class 1 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to person, serious injury to property, or serious injury to society as Class 1 misdemeanors. On April 3, 2009, the Sentencing Commission reviewed Edition 1 of HB 836/ SB 713, which classified the proposed offense as a Class E felony. The Commission found the provision to be inconsistent with the Offense Classification Criteria for a Class E felony. Senate Bill 713 exempts persons who are subject to electronic monitoring under the Juvenile Code. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with Offense Classification Criteria. Offense Classification Criteria are not applicable. DATE OF REVIEW: 06/ 12/ 09 BILL CONTINUED ON NEXT PAGE A finding that a bill is either consistent or inconsistent with the Sentencing Commission’s Offense Classification Criteria does not imply either support for or opposition to the bill itself. 59 NORTH CAROLINA SENTENCING AND POLICY ADVISORY COMMISSION ANALYSIS OF BILL TO CREATE A NEW OFFENSE ( PREPARED PURSUANT TO G. S. 164- 43) BILL NUMBER/ SHORT TITLE: HB 836 – Removal of Electronic Monitoring Device [ Ed. 2]/ SB 713 – Removal of Electronic Monitoring Device [ Ed. 3] ( cont’d) STATUTE § 14- 226.3. Interference with electronic monitoring device. DESCRIPTION A person who 1. is not required to comply with electronic monitoring as a result of a criminal conviction or as a condition of bond or pretrial release, and 2. knowingly and without authority does, or requests or solicits another to, 3. remove, destroy, or circumvent the operation of 4. an electronic monitoring device used to monitor a person a. on house arrest or b. wearing an electronic monitoring devise as a condition of bond, pretrial release, probation, parole, or post- release supervision. PROPOSED OFFENSE CLASS Class 2 misdemeanor. ANALYSIS The Sentencing Commission recommended classifying offenses which reasonably tend to result or do result in significant injury to property, significant injury to society, or assault or affray against a person who is a vulnerable victim or a member of a protected class as Class 2 misdemeanors. On April 3, 2009, the Sentencing Commission reviewed Edition 1 of HB 836/ SB 713, which classified the proposed offense as a Class E felony. The Commission found the provision to be inconsistent with the Offense Classification Criteria for a Class E felony. Senate Bill 713 exempts persons who are subject to electronic monitoring under the Juvenile Code. FINDINGS Bill is consistent with the Offense Classification Criteria. Bill is inconsistent with |
| OCLC number | 44999120 |
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