A BILL TO BE ENTITLED
AN ACT to provide that a person who is convicted of a felony drug offense and sentenced to community or intermediate punishment shall have imposed as a special condition of probation that the person shall not own or have a dog that weighs more than fourteen pounds either on his or her residential premises or in a motor vehicle the person is driving and to provide that a person convicted of a felony drug offense shall not own or have a dog that weighs more than fourteen pounds either in a motor vehicle that the person is driving or on his or her residential premises for a period of six years after serving an active sentence for the drug felony.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑1343 is amended by adding a new subsection to read:
"(b4)	Special Condition of Probation for Certain Drug Offenders. – As a special condition of probation, a defendant who is convicted of a felony offense under G.S. 90‑95 and who is sentenced to either community punishment or intermediate punishment shall not own a dog that weighs more than 14 pounds and shall not have a dog that weighs more than 14 pounds either on the premises of his or her residence or dwelling or in a motor vehicle that the defendant is driving." 
SECTION 2.  Article 52 of the General Statutes is amended by adding a new section to read:
"§ 14‑401.23.  Size limitation on dogs that a drug felon may own or have on residential premises.
(a)	Notwithstanding any other provision of law, it is unlawful for any person who is convicted of a felony under G.S. 90‑95 to do any of the following:  (i) own a dog that weighs more than 14 pounds, or (ii) have a dog that weighs more than 14 pounds either on the premises of his or her residence or dwelling or in a motor vehicle that he or she is driving. The prohibition imposed by this section applies for a period of six years after the person has completed the sentence imposed on the person for the felony conviction under G.S. 90‑95.
(b)	If a person violates this section, then the person is guilty of a Class 3 misdemeanor punishable only by a fine of two hundred fifty dollars ($250.00) for a first offense, five hundred dollars ($500.00) for a second offense, and one thousand dollars ($1,000) for a third or subsequent offense.
(c)	In addition to any penalty imposed pursuant to subsection (b) of this section when a person is convicted of a violation of this section, the six-year prohibition imposed under subsection (a) of this section shall restart and shall run a full six years from the date of the person's conviction under this section."
SECTION 3.  This act becomes effective December 1, 2009, and applies to persons convicted of or placed on probation for a felony offense under G.S. 90‑95 on or after that date.