A BILL TO BE ENTITLED
AN ACT to reclassify statutory rape or sexual offense of a person who is thirteen, fourteen, or fifteen years old by a defendant who is more than four years but less than six years older; to provide for the expunction of convictions for certain nonviolent criminal offenses, TO MAKE CONFORMING CHANGES TO EXISTING EXPUNCTION STATUTES, AND TO REQUIRE STATE AND NATIONAL CRIMINAL RECORD CHECKS WHEN EXPUNGING RECORDS; to restructure the prior record level point ranges IN STRUCTURED SENTENCING in order to expand the points in prior record level i and to even out the remaining ranges; to make the increase in sentence lengths between prior record levels more PROPORTIONATE using a set percentage increment; TO INCREASE THE PERIOD OF POST‑RELEASE SUPERVISION FROM NINE MONTHS TO TWELVE MONTHS; and to direct the department of correction to make various modifications to the rules regarding "earned time."
The General Assembly of North Carolina enacts:

PART I. RECLASSIFY STATUTORY RAPE OR SEXUAL OFFENSE OF A PERSON WHO IS 13, 14, OR 15 YEARS OF OLD
SECTION 1.  G.S. 14‑27.7A(b) reads as rewritten:
"(b)	A defendant is guilty of a Class F felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old and the defendant is more than four but less than six years older than the person, except when the defendant is lawfully married to the person."

PART II. EXPUNGE CERTAIN NONVIOLENT CRIMES
SECTION 2.  Article 5 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑150.  Expunction of records for conviction of certain nonviolent criminal offenses if there are no subsequent criminal convictions for at least 10 years.
(a)	For purposes of this section, the term 'nonviolent criminal offense' means a misdemeanor, Class H felony, or Class I felony; however, the term does not include any of the following:
(1)	An offense that includes assault as an essential element of the offense.
(2)	An offense for which the offender must register under Article 27A of Chapter 14 of the General Statutes.
(3)	An offense that includes the possession or use of a firearm as an essential element of the offense.
(4)	An offense for which the offender was armed with or used a firearm.
(5)	An offense that is trafficking under G.S. 90‑95(h).
(b)	Whenever a person who has not previously been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States, the laws of this State, or any other state, pleads guilty to or is guilty of a nonviolent criminal offense, the person may file a petition in the court where he or she was convicted for expunction of the nonviolent criminal offense from the person's criminal record. The petition cannot be filed earlier than 10 years after the date of the conviction, period of active sentence, period of post‑release supervision, or period of probation has been completed, whichever occurs later. The petition shall contain, but not be limited to, the following:
(1)	An affidavit by the petitioner that he or she has been of good behavior for the 10‑year period since the date of conviction of the nonviolent criminal offense in question and has not been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state.
(2)	Verified affidavits of two persons who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which the petitioner lives, and that the person's character and reputation are good.
(3)	A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted.
(4)	An application on a form approved by the Administrative Office of the Courts requesting and authorizing a State and national criminal record check by the Department of Justice using any information required by the Administrative Office of the Courts to identify the individual, and a search of the confidential record of expungements maintained by the Administrative Office of the Courts. The application shall be forwarded to the Department of Justice and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.
(5)	An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner are outstanding.
The petition shall be served upon the district attorney of the court where the case was tried resulting in conviction. The district attorney shall have 10 days to file any objection to the petition and shall be notified as to the date of the hearing of the petition.
The judge to whom the petition is presented may call upon a probation officer for any additional investigation or verification of the petitioner's conduct during the 10‑year period that the judge deems desirable.
(c)	If the court, after conducting a hearing, finds that the petitioner had remained of good behavior and been free of conviction of any felony or misdemeanor, other than a traffic violation, for 10 years from the date of conviction of the nonviolent criminal offense in question and the petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner, then the court shall order that the petitioner be restored, in the contemplation of the law, to the status the petitioner occupied before the arrest, indictment, conviction, or information for the nonviolent criminal offense. No person as to whom such order has been entered shall be held thereafter under any provision of any laws to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, indictment, conviction, information, trial, or response to any inquiry made of the person for any purpose.
(d)	The court shall also order that the conviction for the nonviolent criminal offense be expunged from the records of the court and direct all law enforcement agencies bearing record of the same to expunge their records of the conviction. The clerk shall forward a certified copy of the order to the sheriff, chief of police, or other arresting agency. The sheriff, chief, or head of any other arresting agency shall then transmit the copy of the order with a form supplied by the State Bureau of Investigation to the State Bureau of Investigation, and the State Bureau of Investigation shall forward the order to the Federal Bureau of Investigation. Expunction of records may occur only once with respect to any person.
(e)	Any other applicable State or local government agency shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The agency also shall reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. Notwithstanding any other provision of law, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived.
(f)	The clerk of superior court in each county in North Carolina shall, as soon as practicable after each term of court in his or her county, file with the Administrative Office of the Courts the names of those persons granted expunctions under the provisions of this section, and the Administrative Office of the Courts shall maintain a confidential file containing the names of persons granted expunctions. The information contained in the file shall be disclosed only to judges of the General Court of Justice of North Carolina for the purpose of ascertaining whether any person charged with an offense has been previously granted an expunction.
(g)	A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred dollars ($100.00) at the time the petition is filed. Fifty dollars ($50.00) of the fee collected under this subsection shall be remitted to the North Carolina Department of Justice to pay the costs of the State Bureau of Investigation purging records pursuant to receipt of an order of expunction. The remaining fifty dollars ($50.00) of the fee shall be remitted to the Administrative Office of the Courts to pay the costs associated with implementation of the provisions of this section. This subsection does not apply to petitions filed by an indigent."
SECTION 3.  G.S. 15A‑145(a) reads as rewritten:
"(a)	Whenever any person who has (i) not yet attained the age of 18 years and has not previously been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United States, the laws of this State or any other state, pleads guilty to or is guilty of a misdemeanor other than a traffic violation, or (ii) not yet attained the age of 21 years and has not previously been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United States, the laws of this State or any other state, pleads guilty to or is guilty of a misdemeanor possession of alcohol pursuant to G.S. 18B‑302(b)(1), he may file a petition in the court where he was convicted for expunction of the misdemeanor from his criminal record. The petition cannot be filed earlier than: (i) two years after the date of the conviction, or (ii) the completion of any period of probation, whichever occurs later, and the petition shall contain, but not be limited to, the following:
(1)	An affidavit by the petitioner that he has been of good behavior for the two‑year period since the date of conviction of the misdemeanor in question and has not been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United States or the laws of this State or any other state.
(2)	Verified affidavits of two persons who are not related to the petitioner or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which he lives and that his character and reputation are good.
(3)	A statement that the petition is a motion in the cause in the case wherein the petitioner was convicted.
	(4)	An application on a form approved by the Administrative Office of the Courts requesting and authorizing a State and national criminal record check by the Department of Justice using any information required by the Administrative Office of the Courts to identify the individual, and a search of the confidential record of expungements maintained by the Administrative Office of the Courts. The application shall be forwarded to the Department of Justice and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.
(5)	An affidavit by the petitioner that no restitution orders or civil judgments representing amounts ordered for restitution entered against him are outstanding.
The petition shall be served upon the district attorney of the court wherein the case was tried resulting in conviction. The district attorney shall have 10 days thereafter in which to file any objection thereto and shall be duly notified as to the date of the hearing of the petition.
The judge to whom the petition is presented is authorized to call upon a probation officer for any additional investigation or verification of the petitioner's conduct during the two‑year period that he deems desirable."
SECTION 4.  G.S. 15A‑145 is amended by adding a new subsection to read: 
"(c1)	Any other applicable State or local government agency shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The agency also shall reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. Notwithstanding any other provision of law, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived."
SECTION 5.  G.S. 15A‑146 is amended by adding a new subsection to read:
"(b3)	Any other applicable State or local government agency shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. The agency also shall reverse any administrative actions taken against a person whose record is expunged under this section as a result of the charges or convictions expunged. Notwithstanding any other provision of law, the normal fee for any reinstatement of a license or privilege resulting under this section shall be waived."
SECTION 6.  G.S. 90‑96(b) reads as rewritten:
"(b)	Upon the dismissal of such person, and discharge of the proceedings against him under subsection (a) of this section, such person, if he were not over 21 years of age at the time of the offense, may apply to the court for an order to expunge from all official records (other than the confidential file to be retained by the Administrative Office of the Courts under subsection (c)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. The applicant shall attach to the application the following:
(1)	An affidavit by the applicant that he has been of good behavior during the period of probation since the decision to defer further proceedings on the offense in question and has not been convicted of any felony, or misdemeanor, other than a traffic violation, under the laws of the United States or the laws of this State or any other state;
(2)	Verified affidavits by two persons who are not related to the applicant or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which he lives, and that his character and reputation are good;
	.(3)	An application on a form approved by the Administrative Office of the Courts requesting and authorizing a State and national criminal record check by the Department of Justice using any information required by the Administrative Office of the Courts to identify the individual, and a search of the confidential record of expungements maintained by the Administrative Office of the Courts. The application shall be forwarded to the Department of Justice and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.
The judge to whom the petition is presented is authorized to call upon a probation officer for any additional investigation or verification of the petitioner's conduct during the probationary period deemed desirable.
If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he was not over 21 years of age at the time of the offense, it shall enter such order. The effect of such order shall be to restore such person in the contemplation of the law to the status he occupied before such arrest or indictment or information. No person as to whom such order was entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.
The court shall also order that said conviction and the records relating thereto be expunged from the records of the court, and direct all law‑enforcement agencies bearing records of the same to expunge their records of the conviction. The clerk shall forward a certified copy of the order to the sheriff, chief of police or other arresting agency, as appropriate, and the sheriff, chief of police or other arresting agency, as appropriate, shall forward such order to the State Bureau of Investigation with a form supplied by the State Bureau of Investigation. The State Bureau of Investigation shall forward the court order in like manner to the Federal Bureau of Investigation."
SECTION 7.  G.S. 90‑113.14(b) reads as rewritten: 
"(b)	Upon the dismissal of such person, and discharge of the proceedings against him under subsection (a) of this section, such person, if he were not over 21 years of age at the time of the offense, may apply to the court for an order to expunge from all official records (other than the confidential file to be retained by the Administrative Office of the Courts under subsection (c)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. The applicant shall attach to the application the following:
(1)	An affidavit by the applicant that he has been of good behavior during the period of probation since the decision to defer further proceedings on the misdemeanor in question and has not been convicted of any felony, or misdemeanor, other than a traffic violation, under the laws of the United States or the laws of this State or any other state;
(2)	Verified affidavits by two persons who are not related to the applicant or to each other by blood or marriage, that they know the character and reputation of the petitioner in the community in which he lives, and that his character and reputation are good;
	
(3)	An application on a form approved by the Administrative Office of the Courts requesting and authorizing a State and national criminal record check by the Department of Justice using any information required by the Administrative Office of the Courts to identify the individual, and a search of the confidential record of expungements maintained by the Administrative Office of the Courts. The application shall be forwarded to the Department of Justice and to the Administrative Office of the Courts, which shall conduct the searches and report their findings to the court.
The judge to whom the petition is presented is authorized to call upon a probation officer for any additional investigation or verification of the petitioner's conduct during the probationary period deemed desirable.
If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he was not over 21 years of age at the time of the offense, it shall enter such order. The effect of such order shall be to restore such person in the contemplation of the law to the status he occupied before such arrest or indictment or information. No person as to whom such order was entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.
The court shall also order that said conviction and the records relating thereto be expunged from the records of the court, and direct all law‑enforcement agencies bearing records of the same to expunge their records of the conviction. The clerk shall forward a certified copy of the order to the sheriff, chief of police or other arresting agency, as appropriate, and the sheriff, chief of police or other arresting agency, as appropriate, shall forward such order to the State Bureau of Investigation with a form supplied by the State Bureau of Investigation. The State Bureau of Investigation shall forward the court order in like manner to the Federal Bureau of Investigation."

PART III. RESTRUCTURE PRIOR CRIMINAL RECORD POINTS AND SENTENCE LENGTHS FOR STRUCTURED SENTENCING
SECTION 8.  G.S. 15A‑1340.14(c) reads as rewritten:
"(c)	Prior Record Levels for Felony Sentencing. – The prior record levels for felony sentencing are:
(1)	Level I – Not more than 1 point.
(2)	Level II – At least 2, but not more than 5 points.
(3)	Level III – At least 6, but not more than 9 points.
(4)	Level IV – At least 10, but not more than 13 points.
(5)	Level V – At least 14, but not more than 17 points.
(6)	Level VI – At least 18 points.
In determining the prior record level, the classification of a prior offense is the classification assigned to that offense at the time the offense for which the offender is being sentenced is committed."
SECTION 9.  G.S. 15A‑1340.17(c) reads as rewritten:
"(c)	Punishments for Each Class of Offense and Prior Record Level; Punishment Chart Described. – The authorized punishment for each class of offense and prior record level is as specified in the chart below. Prior record levels are indicated by the Roman numerals placed horizontally on the top of the chart. Classes of offense are indicated by the letters placed vertically on the left side of the chart. Each cell on the chart contains the following components:
(1)	A sentence disposition or dispositions: "C" indicates that a community punishment is authorized; "I" indicates that an intermediate punishment is authorized; "A" indicates that an active punishment is authorized; and "Life Imprisonment Without Parole" indicates that the defendant shall be imprisoned for the remainder of the prisoner's natural life.
(2)	A presumptive range of minimum durations, if the sentence of imprisonment is neither aggravated or mitigated; any minimum term of imprisonment in that range is permitted unless the court finds pursuant to G.S. 15A‑1340.16 that an aggravated or mitigated sentence is appropriate. The presumptive range is the middle of the three ranges in the cell.
(3)	A mitigated range of minimum durations if the court finds pursuant to G.S. 15A‑1340.16 that a mitigated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the mitigated range is permitted. The mitigated range is the lower of the three ranges in the cell.
(4)	An aggravated range of minimum durations if the court finds pursuant to G.S. 15A‑1340.16 that an aggravated sentence of imprisonment is justified; in such a case, any minimum term of imprisonment in the aggravated range is permitted. The aggravated range is the higher of the three ranges in the cell.

PRIOR RECORD LEVEL

	I	II	III	IV	V	VI
						
	0‑1 Pt	2‑5 Pts	6‑9 Pts	10‑13 Pts	14‑17 Pts	18+ Pts
A	Life Imprisonment Without Parole or Death as Established by Statute
	A	A	A	A	A	A	DISPOSITION
																					
	240‑300	276‑345	317‑397	365‑456	      Life Imprisonment	Aggravated					           Without Parole
B1	192‑240	221‑276	254‑317	292‑365	336‑420	386‑483	PRESUMPTIVE
	144‑192	166‑221	190‑254	219‑292	252‑336	290‑386	Mitigated
	A	A	A	A	A	A	DISPOSITION
																					 
	157‑196	180‑225	207‑258	238‑297	273‑342	314‑393	Aggravated
B2	125‑157	144‑180	165‑207	190‑238	219‑273	251‑314	PRESUMPTIVE
	94‑125	108‑144	124‑165	143‑190	164‑219	189‑251	Mitigated
	A	A	A	A	A	A	DISPOSITION 
																					 
	73‑92	83‑104	96‑120	110‑138	127‑159	146‑182	Aggravated
C	58‑73	67‑83	77‑96	88‑110	101‑127	117‑146	PRESUMPTIVE
	44‑58	50‑67	58‑77	66‑88	76‑101	87‑117	Mitigated
	A	A	A	A	A	A	DISPOSITION
																					 
	64‑80	73‑92	84‑105	97‑121	111‑139	128‑160	Aggravated
D	51‑64	59‑73	67‑84	78‑97	89‑111	103‑128	PRESUMPTIVE
	38‑51	44‑59	51‑67	58‑78	67‑89	77‑103	Mitigated
	I/A	I/A	A	A	A	A	DISPOSITION
																					 
	25‑31	29‑36	33‑41	38‑48	44‑55	50‑63	Aggravated
E	20‑25	23‑29	26‑33	30‑38	35‑44	40‑50	PRESUMPTIVE
	15‑20	17‑23	20‑26	23‑30	26‑35	30‑40	Mitigated
	I/A	I/A	I/A	A	A	A	DISPOSITION
																					 
	16‑20	19‑23	21‑27	25‑31	28‑36	33‑41	Aggravated
F	13‑16	15‑19	17‑21	20‑25	23‑28	26‑33	PRESUMPTIVE
	10‑13	11‑15	13‑17	15‑20	17‑23	20‑26	Mitigated
	I/A	I/A	I/A	I/A	A	A	DISPOSITION
																					 
	13‑16	14‑18	17‑21	19‑24	22‑27	25‑31	Aggravated
G	10‑13	12‑14	13‑17	15‑19	17‑22	20‑25	PRESUMPTIVE
	8‑10	9‑12	10‑13	11‑15	13‑17	15‑20	Mitigated
	C/I/A	I/A	I/A	I/A	I/A	A	DISPOSITION
	6‑8	8‑10	10‑12	11‑14	15‑19	20‑25	Aggravated
H	5‑6	6‑8	 8‑10	 9‑11	12‑15	16‑20	PRESUMPTIVE
	4‑5	4‑6	 6‑8	 7‑9	 9‑12	12‑16	Mitigated
	C	C/I	I	I/A	I/A	I/A	DISPOSITION
	6‑8	6‑8	6‑8	8‑10	9‑11	10‑12	Aggravated
I	4‑6	4‑6	5‑6	6‑8	7‑9	 8‑10	PRESUMPTIVE
	3‑4	3‑4	4‑5	4‑6	5‑7	 6‑8	Mitigated"

PART IV. INCREASE POST‑RELEASE SUPERVISION PERIOD TO TWELVE MONTHS
SECTION 10.  G.S. 15A‑1368(a)(5) reads as rewritten:
"(5)	Maximum imposed term. – The maximum term of imprisonment imposed on an individual prisoner by a court judgment, as described in G.S. 15A‑1340.13(c). When a prisoner is serving consecutive prison terms, the maximum imposed term, for purposes of this Article, is the sum of all maximum terms imposed in the court judgment or judgments, less 12 months for each of the second and subsequent sentences imposed for Class B through Class E felonies."
SECTION 11.  G.S. 15A‑1368.2 reads as rewritten:
"§ 15A‑1368.2.  Post‑release supervision eligibility and procedure.
(a)	A prisoner to whom this Article applies shall be released from prison for post‑release supervision on the date equivalent to his maximum imposed prison term less 12 months, less any earned time awarded by the Department of Correction or the custodian of a local confinement facility under G.S. 15A‑1340.13(d). If a prisoner has not been awarded any earned time, the prisoner shall be released for post‑release supervision on the date equivalent to his maximum prison term less 12 months.
(b)	A prisoner shall not refuse post‑release supervision.
(c)	A supervisee's period of post‑release supervision shall be for a period of 12 months, unless the offense is an offense for which registration is required pursuant to Article 27A of Chapter 14 of the General Statutes. For offenses subject to the registration requirement of Article 27A of Chapter 14 of the General Statutes, the period of post‑release supervision is five years. The conditions of post‑release supervision are as authorized in G.S. 15A‑1368.5.
(c1)	Notwithstanding subsection (c) of this section, a person required to submit to satellite‑based monitoring pursuant to G.S. 15A‑1368.4(b1)(6) shall continue to participate in satellite‑based monitoring beyond the period of post‑release supervision until the Commission releases the person from that requirement pursuant to G.S. 14‑208.43.
(d)	A supervisee's period of post‑release supervision may be reduced while the supervisee is under supervision by earned time awarded by the Department of Correction, pursuant to rules adopted in accordance with law. A supervisee is eligible to receive earned time credit toward the period of supervision for compliance with reintegrative conditions described in G.S. 15A‑1368.5.
(e)	Repealed by Session Laws 1997‑237, s. 7.
(f)	When a supervisee completes the period of post‑release supervision, the sentence or sentences from which the supervisee was placed on post‑release supervision are terminated."
PART V.  DEPARTMENT OF CORRECTION TO MODIFY RULES REGARDING "EARNED TIME"
SECTION 12.  The Department of Correction shall adjust rules and regulations governing "earned time" so that it is possible for every category of offender currently incarcerated to earn time at each "earned time" level at a rate at which they may be released at their minimum sentence, but in no case earlier than their minimum sentence.
The Department shall create an "earned time" category for offenders who have no infractions.
The Department may add days onto the minimum sentence for infractions.
The Department shall prorate "earned time" for offenders who are incarcerated in the Department of Correction but have served a period of their sentence in the custody of a local jail or another confinement facility. "Earned time" for these offenders shall be weighted as though they were incarcerated within a Department of Correction facility for the entire time served.
All new rules and regulations shall apply to offenders who are currently incarcerated as well as those who are sentenced in the future.
SECTION 13.  The headings to the parts and sections of this act are a convenience to the reader and are for reference only.
SECTION 14.  This act becomes effective December 1, 2009, and applies to offenses committed on or after that date and to applications for expunction of records made on or after that date.