Bill Summaries: H711 (2017-2018 Session)

Tracking:
  • Summary date: Apr 10 2017 - View summary

    Amends GS 14-3. Amends the caption to read Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with deceit and intent to defraud, or against certain victims. Elevates a Class 2 or Class 3 misdemeanor, motivated in whole or in substantial part because of one or more of the victim's actual or perceived race, color, religion, age, nationality, national origin, country of origin, disability, military or veteran status, employment status or position, socioeconomic status, political affiliation, or association with a person or group with one or more of these actual characteristics, to a Class A1 misdemeanor. Elevates Class A1 or Class 1 misdemeanors, with the same motivation, to a Class H felony.

    Amends GS 14-401. Amends the caption to read Intimidation of certain victims; teaching any technique to be used for intimidation of certain victims. Amends the crime under that statute to be for persons who assault another person or damage or deface the property of another person in whole or in substantial part because of the victim's actual or perceived status as having any of the listed characteristics in amended GS 14-3, described above. Provides that that crime is a Class H felony. Provides that assembly with one or more persons to teach any technique or means to be used to accomplish a violation of this statute is a Class A1 misdemeanor.

    Enacts new GS 15A-1340.16E (Enhanced sentence if defendant is convicted of a felony against certain victims). Provides that a person convicted of a felony in whole or in substantial part because of the victim's actual or perceived status as having any of the listed characteristics in amended GS 14-3, described above, is guilty of a felony that is one class higher than the underlying felony for which the person was convicted. Provides procedural requirements for indictments or informations under this statute, and requires proof of the issue beyond a reasonable doubt during the same trial in which the defendant is tried for the felony, unless the defendant pleads guilty or no contest to that issue. Requires a jury to determine the issue when the defendant pleads guilty or no contest to the felony, but pleads not guilty to the issue.

    Effective December 1, 2017, and applies to offenses committed on or after that date.