- Title
- Session laws and resolutions passed by the General Assembly [1993-1994]
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-
- Date
- 1993 - 1994
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-
- Creator
- ["North Carolina."]
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- Place
- ["North Carolina, United States"]
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Session laws and resolutions passed by the General Assembly [1993-1994]
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CHAPTER
И
Session Laws — 1993
H.B. 7 CHAPTER 11
AN ACT TO REPEAL THE PROVISION IN THE STRUCTURED
SENTENCING ACT THAT WOULD HAVE PROVIDED THAT
POSSESSION OF LESS THAN ONE GRAM OF COCAINE WAS NOT
A FELONY AND TO PROVIDE FOR DEFERRED PROCEEDINGS
AND EXPUNCTION OF RECORDS FOR FIRST-TIME SIMPLE
POSSESSION OF LESS THAN ONE GRAM OF COCAINE.
The General Assembly of North Carolina enacts:
Section 1. Section 1358.1 of Chapter 539 of the 1993 Session Laws
is repealed.
Sec. 1.1. G.S. 90-96 reads as rewritten:
"§ 90-96. Conditional discharge and expunction of records for first offense.
(a) Whenever any person who has not previously been convicted of any
offense under this Article or under any statute of the United States or any
state relating to those substances included in Article 5 or 5A of Chapter 90
or to that paraphernalia included in Article 5B of Chapter 90 pleads guilty to
or is found guilty of (if a misdemeanor under this Article by possessing a
controlled substance included within Schedules II through VI of this Article,
Article or by possessing drug paraphernalia as prohibited by G.S.
90-113.21, or Oil a felony under G.S. 90-95(a)(3) by possessing less than
one gram of cocaine, the court may, without entering a judgment of guilt
and with the consent of such person, defer further proceedings and place
him on probation upon such reasonable terms and conditions as it may
require. Notwithstanding the provisions of G.S. 15A-1342(c) or any other
statute or law. probation may be imposed under this section for an offense
under this Article for which the prescribed punishment includes only a fine.
To fulfill the terms and conditions of probation the court may allow the
defendant to participate in a drug education program approved for this
purpose by the Department of Human Resources. Upon violation of a term
or condition, the court may enter an adjudication of guilt and proceed as
otherwise provided. Upon fulfillment of the terms and conditions, the court
shall discharge such person and dismiss the proceedings against him.
Discharge and dismissal under this section shall be without court
adjudication of guilt and shall not be deemed a conviction for purposes of
this section or for purposes of disqualifications or disabilities imposed by law
upon conviction of a crime including the additional penalties imposed for
second or subsequent convictions under this Article. Discharge and
dismissal under this section or G.S. 90-113.14 may occur only once with
respect to any person. Disposition of a case to determine discharge and
dismissal under this section at the district court division of the General
Court of Justice shall be final for the purpose of appeal. Prior to taking
any action to discharge and dismiss under this section the court shall make a
finding that the defendant has no record of previous convictions under the
‘North Carolina Controlled Substances Act’, Article 5, Chapter 90, the
‘North Carolina Toxic Vapors Act', Article 5A, Chapter 90, or the ‘Drug
Paraphernalia Act’, Article 5B. Chapter 90.
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