Bill Summaries: H589 (2025-2026 Session)

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  • Summary date: Apr 2 2025 - View summary

    Contains whereas clauses.

    Enacts GS 15A-1357 allowing an individual serving a term of imprisonment pursuant to GS 20-179 (Impaired Driving Sentencing) or Article 81B (Structured Sentencing) or Article 82 (Probation) of Chapter 15A, except those sentenced to life, to file a motion for appropriate relief for a modification of their sentence pursuant to the authority granted in this statute. Mandates that the court reduce a term of imprisonment for an offense if: (1) the defendant was sentenced pursuant to GS 20-179 or Article 81B or 82 of Chapter 15A and has served at least 10 years in prison or 50% of the imposed sentence if the sentence was for 10 years or less; (2) the court finds that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a modification. In determining whether to reduce a prison term under this statute, the court must consider the 12 factors listed in subsection (c). Requires a hearing to be held in accordance with Article 89 of Chapter 15A, regarding Motions for Appropriate Relief and Other Post-Trial Relief, to grant or deny a motion for appropriate relief filed pursuant to this statute. Mandates that any sentence reduced be resentenced pursuant to GS 20-179 or Article 81B or 82 of this Chapter, as applicable.

    Effective December 1, 2025, and applies to motions for appropriate relief filed on or after that date.