North Carolina SB 686: The Fair Sentencing Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 686

Short Title: The Fair Sentencing Act. (Public)
Sponsors: Senators Smith and Murdock (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S686-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REMOVE THE MANDATORY MINIMUM SENTENCES REQUIRED FOR 2
CERTAIN CRIMINAL OFFENSES. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 14-7.41(a) reads as rewritten: 5
"(a) A person who is convicted of a firearm-related felony and is also convicted of the 6
status offense must, upon conviction or plea of guilty under indictment as provided in this Article, 7
be sentenced as a Class C felon (except where the felon has been sentenced as a Class A, B1, or 8
B2 felon). However, in no case shall the person receive a minimum term of imprisonment of less 9
than 120 months. The court may not suspend the sentence and may not place the person sentenced 10
on probation." 11
SECTION 2. G.S. 20-179 reads as rewritten: 12
"§ 20-179. Sentencing hearing after conviction for impaired driving; determination of 13
grossly aggravating and aggravating and mitigating factors; punishments. 14
... 15
(f3) Aggravated Level One Punishment. – A defendant subject to Aggravated Level One 16
punishment may be fined up to ten thousand dollars ($10,000) and shall be sentenced to a term 17
of imprisonment that includes a minimum term of not less than 12 months and a maximum term 18
of not more than 36 months. Notwithstanding G.S. 15A-1371, a defendant sentenced to a term 19
of imprisonment pursuant to this subsection shall not be eligible for parole. However, the 20
defendant shall be released from the Statewide Misdemeanant Confinement Program on the date 21
equivalent to the defendant's maximum imposed term of imprisonment less four months and shall 22
be supervised by the Division of Community Supervision and Reentry under and subject to the 23
provisions of Article 84A of Chapter 15A of the General Statutes and shall also be required to 24
abstain from alcohol consumption for the four-month period of supervision as verified by a 25
continuous alcohol monitoring system. For purposes of revocation, violation of the requirement 26
to abstain from alcohol or comply with the use of a continuous alcohol monitoring system shall 27
be deemed a controlling condition under G.S. 15A-1368.4. 28
The term of imprisonment may be suspended only if a condition of special probation is 29
imposed to require the defendant to serve a term of imprisonment of at least 120 days. If the 30
defendant is placed on probation, the judge shall impose as requirements that the defendant (i) 31
abstain from alcohol consumption for a minimum of 120 days to a maximum of the term of 32
probation, as verified by a continuous alcohol monitoring system pursuant to subsection (h1) of 33
this section, and (ii) obtain a substance abuse assessment and the education or treatment required 34
by G.S. 20-17.6 for the restoration of a drivers license and as a condition of probation. The judge 35
may impose any other lawful condition of probation. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 686-First Edition
(g) Level One Punishment. – A defendant subject to Level One punishment may be fined 1
up to four thousand dollars ($4,000) and shall be sentenced to a term of imprisonment that 2
includes a minimum term of not less than 30 days and a maximum term of not more than 24 3
months. The term of imprisonment may be suspended only if a condition of special probation is 4
imposed to require the defendant to serve a term of imprisonment of at least 30 days. A judge 5
may reduce the minimum term of imprisonment required to a term of not less than 10 days if a 6
condition of special probation is imposed to require that a defendant abstain from alcohol 7
consumption and be monitored by a continuous alcohol monitoring system, of a type approved 8
by the Division of Community Supervision and Reentry of the Department of Adult Correction, 9
for a period of not less than 120 days. If the defendant is monitored on an approved continuous 10
alcohol monitoring system during the pretrial period, up to 60 days of pretrial monitoring may 11
be credited against the 120-day monitoring requirement for probation. If the defendant is placed 12
on probation, the judge shall impose a requirement that the defendant obtain a substance abuse 13
assessment and the education or treatment required by G.S. 20-17.6 for the restoration of a drivers 14
license and as a condition of probation. The judge may impose any other lawful condition of 15
probation. 16
(h) Level Two Punishment. – A defendant subject to Level Two punishment may be fined 17
up to two thousand dollars ($2,000) and shall be sentenced to a term of imprisonment that 18
includes a minimum term of not less than seven days and a maximum term of not more than 12 19
months. The term of imprisonment may be suspended only if a condition of spe