North Carolina HB 1822: Expand Firearm Enhancement for Felonies.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H 1

HOUSE BILL 1822

Short Title: Expand Firearm Enhancement for Felonies. (Public)

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Sponsors: Representatives Justus, Kiser; Walend, Gillespie, Pope, Rayfield, and West.

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Referred to: Rules, Calendar, and Operations of the House.

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May 30, 2000

A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE A MANDATORY TWENTY-FOUR-MONTH ENHANCED 2
SENTENCE FOR USE OF A FIREARM IN CLASS F THROUGH I FELONIES. 3
The General Assembly of North Carolina enacts: 4
Section 1. G.S. 15A-1340.16A reads as rewritten: 5
"§ 15A-1340.16A. Enhanced sentence if defendant is convicted of a Class A, B1, B2, 6
C, D, or E felony and the defendant used, displayed, or threatened to use 7
or display a firearm during the commission of the felony. 8
(a) If a person is convicted of a Class A, B1, B2, C, D, or E felony and the court 9
finds that the person used, displayed, or threatened to use or display a firearm at the time 10
of the felony, the court shall increase the minimum term of imprisonment to which the 11
person is sentenced by 60 months. If a person is convicted of a Class F, G, H, or I felony 12
and the court finds that the person used, displayed, or threatened to use or display a 13
firearm at the time of the felony, the court shall increase the minimum term of 14
imprisonment to which the person is sentenced by 24 months. The court shall not 15
suspend the 60-month or 24-month minimum term of imprisonment imposed as an 16
enhanced sentence under this section and shall not place any person sentenced under this 17
section on probation for the enhanced sentence. 18
(b) Subsection (a) of this section does not apply in any of the following 19
circumstances: 20

GENERAL ASSEMBLY OF NORTH CAROLINA 1999
Page 2 HOUSE BILL 1822 version 1
(1) The person is not sentenced to an active term of imprisonment. 1
(2) The evidence of the use, display, or threatened use or display of a 2
firearm is needed to prove an element of the underlying Class A, B1, 3
B2, C, D, or E felony. 4
(3) The person did not actually possess a firearm about his or her person.” 5
Section 2. This act becomes effective December 1, 2000, and applies to 6
offenses committed on or after that date. 7