GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	3 

HOUSE BILL 904
Committee Substitute Favorable 4/30/97
Senate Judiciary Committee Substitute Adopted 6/1/98

Short Title:  Life Imprison./Repeat Child Molester.	(Public)

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Sponsors:

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Referred to:  Appropriations.

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April 9, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE SHALL BE IMPOSED FOR A SECOND OR SUBSEQUENT CONVICTION OF A CLASS B1 FELONY IF THERE ARE NO MITIGATING CIRCUMSTANCES AND THE VICTIM IS THIRTEEN YEARS OF AGE OR YOUNGER.
The General Assembly of North Carolina enacts:
Section 1.  Article 81B of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-1340.16B.  Life imprisonment without parole for a second or subsequent conviction of a Class B1 felony.
(a)	Notwithstanding the sentencing dispositions in G.S. 15A-1340.17, a person convicted of a Class B1 felony shall be sentenced to life imprisonment without parole if:
(1)	The offense was committed against a victim who was 13 years of age or younger at the time of the offense;
(2)	The person has one or more prior convictions of a Class B1 felony; and
(3)	The court finds that there are no mitigating factors in accordance with G.S. 15A-1340.16(e).
(b)	If the sentencing court finds that there are mitigating circumstances, then the court shall sentence the person in accordance with G.S. 15A-1340.17.
(c)	A prior conviction of a Class B1 felony shall be proved in accordance with G.S. 15A-1340.14."
Section 2.  This act becomes effective December 1, 1998, and applies to offenses committed on or after that date.