NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 230

SENATE BILL 381

 

 

AN ACT TO AUTHORIZE THE USE OF ANY MEANS REASONABLY NECESSARY TO PREVENT THE ESCAPE OF PRISONERS WITH FELONY SENTENCES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 148-46 as it presently appears in the 1974 Replacement of Volume 3C of the General Statutes of North Carolina is hereby amended by designating the present paragraph as subsection (a) and adding a new subsection (b) to read as follows:

"A misdemeanor prisoner classified and treated as a convicted felon as the result of a consecutive felony sentence or sentences, or a convicted felon placed in the custody of the Secretary of Correction pending the outcome of an appeal, or a defendant charged with a felony or felonies and placed in the custody of the Secretary of Correction pending trial, shall be considered as a convicted felon in the custody of the Secretary of Correction against whom any means reasonably necessary, including deadly force, may be used to prevent an escape."

Sec. 2.  All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 3.  This act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 6th day of May, 1975.