GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 222

Short Title:  Habit. Felon Determination.	(Public)

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Sponsors: Representatives Culpepper, Hensley, R. Hunter, McCrary, and Neely.

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Referred to:  Judiciary II.

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February 17, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT THE ISSUE OF WHETHER A DEFENDANT IS A HABITUAL FELON OR A VIOLENT HABITUAL FELON SHALL BE DETERMINED BY THE TRIAL JUDGE.
The General Assembly of North Carolina enacts:
Section 1. G.S. 14-7.3 reads as rewritten:
"§14-7.3. Charge of habitual felon.
An indictment which charges a person who is an habitual felon within the meaning of G.S. 14-7.1 with the commission of any felony under the laws of the State of North Carolina must, in order to sustain a conviction of habitual felon, also charge that said person is an habitual felon. The indictment charging the defendant as an habitual felon shall be separate from the indictment charging him with the principal felony. An indictment which charges a person with being an habitual felon must set forth the date that prior felony offenses were committed, the name of the state or other sovereign against whom said felony offenses were committed, the dates that pleas of guilty were entered to or convictions returned in said felony offenses, and the identity of the court wherein said pleas or convictions took place. No defendant charged with being an habitual felon in a bill of indictment shall be required to defend said charge within 20 days of the finding of a true bill by the grand jury; provided, the defendant may waive this 20-day period."
Section 2. G.S. 14-7.5 reads as rewritten:
"§14-7.5. Verdict and judgment.
When an indictment charges an habitual felon with a felony as above provided and an indictment also charges that said person is an habitual felon as provided herein, the defendant shall be tried for the principal felony as provided by law. The indictment that the person is an habitual felon shall not be revealed to the jury at any time. If the jury finds the defendant guilty of a felony, the bill of indictment charging the defendant as an habitual felon shall be tried before the trial judge without a jury.  If the trial judge finds by a preponderance of the evidence that the defendant is an habitual felon, the trial judge shall enter judgment according to the provisions of this Article. If the trial judge finds that the defendant is not an habitual felon, the trial judge shall pronounce judgment on the principal felony or felonies as provided by law."
Section 3. G.S. 14-7.9 reads as rewritten:
"§ 14-7.9.  Charge of violent habitual felon.
An indictment that charges a person who is a violent habitual felon within the meaning of G.S. 14-7.7 with the commission of any violent felony must, in order to sustain a conviction of violent habitual felon, also charge that the person is a violent habitual felon.  The indictment charging the defendant as a violent habitual felon shall be separate from the indictment charging the defendant with the principal violent felony.  An indictment that charges a person with being a violent habitual felon must set forth the date that prior violent felonies were committed, the name of the state or other sovereign against whom the violent felonies were committed, the dates of convictions of the violent felonies, and the identity of the court in which the convictions took place.  A defendant charged with being a violent habitual felon in a bill of indictment shall not be required to defend that charge within 20 days after the finding of a true bill by the grand jury unless the defendant waives this 20-day period."
Section 4. G.S. 14-7.11 reads as rewritten:
"§ 14-7.11.  Verdict and judgment.
When an indictment charges a violent habitual felon with a violent felony as provided in this Article and an indictment also charges that the person is a violent habitual felon as provided in this Article, the defendant shall be tried for the principal violent felony as provided by law.  The indictment that the person is a violent habitual felon shall not be revealed to the jury at any time. If the jury finds the defendant guilty of a violent felony, the bill of indictment charging the defendant as a violent habitual felon shall be tried before the trial judge without a jury. If the trial judge finds by a preponderance of the evidence that the defendant is a violent habitual felon, the trial judge shall enter judgment according to the provisions of this Article.  If the trial judge finds that the defendant is not a violent habitual felon, the trial judge shall pronounce judgment on the principal violent felony or felonies as provided by law."
Section 5. This act becomes effective December 1, 1997, and applies to sentencing for offenses committed on or after that date.