NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 760

SENATE BILL 560

 

 

AN ACT TO ESTABLISH A FAIR SENTENCING SYSTEM IN NORTH CAROLINA CRIMINAL COURTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-2 is amended by adding the following at the end:

"This section shall not apply to persons convicted of felonies that occur on or after the effective date of Article 81A of Chapter 15A of the General Statutes, but G.S. 14-1.1 shall apply to such persons."

Article 1 of Chapter 14 of the General Statutes is amended by adding the following section:

"§ 14-1.1.  Maximum punishment for felonies. — (a) For felonies that occur on or after the effective date of Article 81A of Chapter 15A of the General Statutes, the following maximum punishments shall be applicable:

(1)        a Class A felony shall be punishable by death or life imprisonment as provided by Article 100 of Chapter 15A of the General Statutes;

(2)        a Class B felony shall be punishable by life imprisonment;

(3)        a Class C felony shall be punishable by imprisonment up to 50 years or fine up to twenty-five thousand dollars ($25,000) or both;

(4)        a Class D felony shall be punishable by imprisonment up to 40 years or fine up to twenty thousand dollars ($20,000) or both;

(5)        a Class E felony shall be punishable by imprisonment up to 30 years or fine up to fifteen thousand dollars ($15,000) or both;

(6)        a Class F felony shall be punishable by imprisonment up to 20 years or fine up to ten thousand dollars ($10,000) or both;

(7)        a Class G felony shall be punishable by imprisonment up to 15 years or fine up to seven thousand five hundred dollars ($7,500) or both;

(8)        a Class H felony shall be punishable by imprisonment up to 10 years or fine up to five thousand dollars ($5,000) or both;

(9)        a Class I felony shall be punishable by imprisonment up to five years or fine up to two thousand five hundred dollars ($2,500) or both;

(10)      a Class J felony shall be punishable by imprisonment up to three years or fine up to one thousand dollars ($1,000) or both.

(b)        A felony not assigned by statute to any felony class shall be punishable as a Class J felony."

Sec. 2.  Chapter 15A of the General Statutes of North Carolina is amended to add a new Article as follows:

"Article 81A.

"Sentencing Persons Convicted of Felonies.

"§ 15A-1340.1.  Applicability of Article 81A; life sentence. — (a) This Article shall apply to the sentencing of persons convicted of felonies, as defined by G.S. 14-1.1, that occur on or after the effective date of the Article. Persons sentenced to life imprisonment under Article 100, Capital Punishment, for Class A felonies, and persons sentenced under G.S. 14-1. 1(a)(2) for Class B. felonies that occur on or after the effective date of this Article shall not be subject to the provisions of this Article, but shall be subject to the same provisions of law as those persons convicted of felonies that occur before the effective date of the Article, notwithstanding any provision in this act to the contrary.

(b)        Persons to whom this Article applies, as provided by subsection (a), shall be subject to the provisions of Article 81. They shall also be subject to the provisions of Article 83 regarding imprisonment, commitment to the Department of Correction or a local confinement facility, order of commitment, release pending appeal, concurrent and consecutive terms of imprisonment, and calculation of terms of imprisonment, but not to the provisions of G.S. 15A-1351(b), (c), and (d) regarding minimum terms of imprisonment.

"§ 15A-1340.2.  Definitions. — The following definitions apply in this Article.

(1)        Convicted. For the purpose of imposing sentence, a person has been convicted when he has been adjudged guilty or has entered a plea of guilty or no contest.

(2)        Jail. A jail is a local confinement facility maintained by a county as provided by G.S. 153A-218 or a district confinement facility maintained by two or more units of local government as provided by G.S. 153A-219.

(3)        Jailer. A jailer is the sheriff or other person having the care and custody of a jail as provided by G.S. 162-22 or the administrator of a district confinement facility as provided by G.S. 153A-219.

(4)        Prior conviction. A person has received a prior conviction when he has been adjudged guilty of or has entered a plea of guilty or no contest to a criminal charge, and judgment has been entered thereon.

(5)        Prison term. A prison term is a period of imprisonment to be served either in the custody of the Department of Correction or a jail.

"§ 15A-1340.3.  Purposes of sentencing. — The primary purposes of sentencing a person convicted of a crime are to impose a punishment commensurate with the injury the offense has caused, taking into account factors that may diminish or increase the offender's culpability; to protect the public by restraining offenders who have demonstrated a propensity to commit further crimes; to assist the offender toward rehabilitation and restoration to the community as a lawful citizen; and to provide a general deterrent to criminal behavior.

"§ 15A-1340.4.  Presumptive punishment for felony other than Class A or Class B felony, prior felony convictions, consideration of aggravating and mitigating factors, written findings. — (a) If the sentencing judge imposes a prison term on a person convicted of a felony other than a Class A or Class B felony, he may suspend the sentence and place the convicted felon on probation as provided by Article 82 of this Chapter. If the convicted felon is under 21 years of age at the time of conviction and the sentencing judge elects to impose an active prison term, the judge must either sentence the felon as a committed youthful offender in accordance with Article 3B of Chapter 148 of the General Statutes and subject to the limit on the prison term provided by G.S. 148-49.14, or make a 'no benefit' finding as provided by G.S. 148-49.14 and impose a regular prison term. If the judge imposes a prison term, whether or not the term is suspended and whether or not he sentences the convicted felon as a committed youthful offender, the judge must impose the presumptive prison term provided by subsection (f) of this section unless he decides to impose a longer or shorter term after consideration of aggravating and mitigating factors. In imposing a prison term on a person convicted of a felony, the sentencing judge may consider any aggravating and mitigating factors that are reasonably related to the purposes of sentencing as provided by G.S. 15A‑1340.3, and must consider each of the following aggravating and mitigating factors.

(1)        Aggravating factors.

(a)        In committing the offense, the defendant inflicted bodily injury on another person substantially in excess of the minimum amount necessary to prove the offense.

(b)        In committing the offense, the defendant inflicted property loss or damage substantially in excess of the minimum amount necessary to prove the offense.

(c)        The defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance of other participants in its commission.

(2)        Mitigating factors.

(a)        The defendant has either no record of criminal convictions or a record consisting solely of misdemeanors punishable by not more than 60 days imprisonment.

(b)        In committing the offense, the defendant inflicted only the minimum amount of bodily injury on another person necessary to prove the offense.

(c)        In committing the offense, the defendant inflicted only the minimum amount of property damage or loss necessary to prove the offense.

(d)        The defendant committed the offense under duress, coercion, threat, or compulsion which was insufficient to constitute a defense but significantly reduced his culpability for the offense.

(e)        The defendant was a passive participant or played a minor role in the commission of the offense.

(f)         The defendant was suffering from a mental or physical condition which was insufficient to constitute a defense but significantly reduced his culpability for the offense.

(g)        The defendant, because of his age or limited mental capacity, was substantially lacking in sound judgment in committing the offense.

(h)        The defendant has made partial or full restitution to the victim of his offense.

(i)         A negotiated plea and any circumstance arising from the evidence which the court deems to have mitigating value.

(b)        If the judge imposes a prison term for a felony that differs from the presumptive term provided by subsection (f), whether or not the term is suspended and whether or not he sentences the convicted felon as a committed youthful offender, the judge must enter on the record findings of fact regarding all aggravating and mitigating factors on which he bases his sentence.

(c)        Whether or not the sentencing judge imposes a prison term on a person convicted of a felony other than a Class A felony, he may impose a fine in accordance with G.S. 15A‑1340.6.

(d)        In imposing a sentence for a felony, if the sentencing judge finds a longer presumptive prison term is applicable to the defendant under subsection (f) of this section because of his prior felony convictions, the judge must enter on the record a finding as to how many and what class of prior felony convictions the defendant has received and the evidence on which his finding is based. For the purpose of determining the applicable presumptive prison term under subsection (f), prior conviction of a felony is defined as any prior conviction of a felony by a North Carolina State court or a criminal offense under the law of any other state, the District of Columbia, or the United States, that would be punishable as a felony under North Carolina law if subject to the jurisdiction of North Carolina State courts. Prior conviction of a felony shall not include any felony that is joinable, pursuant to G.S. 15A-926(a), with the felony for which the defendant is currently being sentenced, nor shall it include any prior conviction that did not occur or lead to imprisonment, probation, suspended sentence, or parole from which the offender's final discharge occurred within the 10 years immediately preceding the conviction for which the defendant is currently being sentenced.

(e)        Prior convictions may be proven at the sentencing hearing. If the State introduces proof of prior convictions for sentencing purposes and does not give the defendant reasonable notice of the date and nature of such convictions before the sentencing hearing, and the defendant contests the accuracy or validity of the convictions as applied to him, he is entitled to a continuance of the sentencing hearing.

(f)         Unless otherwise specified by statute, presumptive prison terms are as follows for felonies classified according to G.S. 14-1.1 and specific penalty provisions of the General Statutes. Prior felony convictions in jurisdictions other than North Carolina shall be considered Class J felonies for the purpose of this subsection.

Sec. 1. For a Class C felony, imprisonment for 20 years if the person convicted has no prior felony convictions, imprisonment for 22 years if he has one prior conviction of a Class D, E, F, G, H, I, or J felony, and imprisonment for 24 years if he has one prior conviction of a Class B or C felony or two or more prior convictions of Class D, E, F, G, H, I, or J felonies.

Sec. 2. For a Class D felony, imprisonment for 16 years if the person convicted has no prior felony convictions, imprisonment for 18 years if he has one prior conviction of a Class E, F, G, H, I, or J felony, and imprisonment for 20 years if he has one prior conviction of a Class B, C, or D felony or two or more prior convictions of Class E, F, G, H, I, or J felonies.

Sec. 3. For a Class E felony, imprisonment for 12 years if the person convicted has no prior felony convictions, imprisonment for 14 years if he has one prior conviction of a Class F, G, H, I, or J felony, and imprisonment for 16 years if he has one prior conviction of a Class B, C, D, or E felony or two or more prior convictions of Class F, G, H, I, or J felonies.

Sec. 4. For a Class F felony, imprisonment for eight years if the person convicted has no prior felony convictions, imprisonment for 10 years if he has one prior conviction of a Class G, H, I, or J felony, and imprisonment for 12 years if he has one prior conviction of a Class B, C, D, E, or F felony or two or more prior convictions of Class G, H, I, or J felonies.

Sec. 5. For a Class G felony, imprisonment for six years if the person convicted has no prior felony convictions, imprisonment for seven years if he has one prior conviction of a Class H, I, or J felony, and imprisonment for eight years if he has one prior conviction of a Class B, C, D, E, F, or G felony or two or more prior convictions of Class H, I, or J felonies.

Sec. 6. For a Class H felony, imprisonment for three years six months if the person convicted has no prior felony convictions, imprisonment for five years if he has one prior conviction of a Class I or J felony, and imprisonment for six years if he has one prior conviction of a Class B, C, D, E, F, G, or H felony or two or more prior convictions of Class H, I, or J felonies.

Sec. 7. For a Class I felony, imprisonment for two years if the person convicted has no prior felony convictions, imprisonment for 30 months if the person has one prior conviction of a Class J felony, and imprisonment for three years if he has one prior conviction of a Class B, C, D, E, F, G, H, or I felony or two or more prior convictions of Class J felonies.

Sec. 8. For a Class J felony, imprisonment for one year if the person convicted has no prior felony convictions, imprisonment for 18 months if the person has one prior conviction of a Class J felony, and imprisonment for two years if he has one prior conviction of a Class B, C, D, E, F, G, H, or I felony or two or more prior convictions of Class J felonies.

(g)        For the purposes of subsection (f) of this section, felonies defined by laws now repealed shall be assigned to the class, as defined by G.S. 14-1.1, corresponding to the maximum prison terms authorized by law for those felonies when they occurred.

"§ 15A-1340.5.  Sentencing of person convicted of repeated felony using deadly weapon. — Notwithstanding any other provision of law, any person who has been previously convicted in the courts of this State within seven years of a felony in which a deadly weapon was used, provided that the previous felony did not occur within 10 days of the second or subsequent felony, shall serve a term for the second or subsequent felony of not less than seven years in prison, excluding gain time granted under G.S. 148-13. Any person sentenced under this section shall receive a sentence of at least 14 years in the State's prison and shall be entitled to credit for good behavior under G.S. 15A-1340.7. The sentencing judge may not sentence a person sentenced under this section as a committed youthful offender and may not suspend the sentence and place the person sentenced on probation. Sentences imposed pursuant to this section shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder.

"§ 15A-1340.6.  Fines. — In sentencing a person convicted of a felony other than a Class A or Class B felony, the sentencing judge may in his discretion impose a fine up to the maximum authorized by G.S. 14-1.1, whether or not he imposes an active or suspended prison term as provided by Article 84 of this Chapter.

"§ 15A-1340.7.  Service of term of imprisonment; credit for good behavior; prisoner conduct rules; informing prisoner of release date; re-entry parole and committed youthful offender parole. — (a) An active term of imprisonment imposed for a felony shall be served in the custody of the Department of Correction or a jail, subject to the provisions of G.S. 15A‑1352. Credit toward service of the term shall be given for time already served as provided by Article 19A of Chapter 15 of the General Statutes, and good behavior in prison or jail as provided by subsection (b) of this section. Additional credit may be given by the Department of Correction or jailer under regulations of the Secretary of Correction as provided by G.S. 148-13.

(b)        A prisoner committed to the Department of Correction or a jail to serve a sentence for a felony shall receive credit for good behavior at the rate of one day deducted from his prison or jail term for each day he spends in custody without a major infraction of prisoner conduct rules. Prisoner conduct rules shall be issued by the Secretary of Correction with regard to all prisoners serving prison or jail terms for felony convictions. The rules shall clearly state types of forbidden conduct and a copy of the rules shall be given and read to each convicted prisoner upon entry into prison or jail. Infractions of the rules shall be of two types, major and minor infractions. Major infractions shall be punishable by forfeiture of specific amounts of accrued good behavior time, disciplinary segregation, loss of privileges for specific periods, demotion in custody grade, extra work duties, or reprimand. Minor infractions shall be punishable by loss of privileges for specific periods, demotion in custody grade, extra work duties, or reprimand, but not by loss of accrued good behavior time or disciplinary segregation. A prisoner charged with infraction of conduct rules shall receive notice of the charge and be afforded a hearing. The provisions of this section shall not apply to persons convicted of Class A or Class B felonies.

(c)        Within 30 days of a convicted felon's entry into prison or jail to serve his sentence, the Department of Correction or jailer shall inform him in writing of the date on which he will be released if he receives the maximum amount of time off for good behavior under subsection (b) of this section, and of the date on which he will be released if he receives no such credit for good behavior.

(d)        A prisoner committed to the Department of Correction or a jail to serve a sentence imposed for a felony is eligible for re-entry parole as provided by Article 85A of Chapter 15A of the General Statutes, and, if sentenced as a committed youthful offender, to parole as provided by Articles 3B and 4 of Chapter 148 of the General Statutes.

Sec. 3.  G.S. 15A-1021(a), regarding plea negotiation, is amended by changing the period at the end of the first sentence to a comma, and adding the following language: "including a prison term different from the presumptive prison term applicable to the defendant, if convicted, under G.S. 15A-1340.4(f)."

G.S. 15A-1414(b), regarding grounds for motion for appropriate relief within 10 days of verdict, is amended by adding a new subsection (4) to read as follows:

"(4)      The sentence imposed on the defendant is not supported by evidence introduced at the trial and sentencing hearing."

G.S. 15A-1442, regarding grounds for correction of error by appellate division, is amended by inserting a new subsection (5a) to read as follows:

"(5a)     Insufficient basis for sentence. The sentence imposed on the defendant is not supported by evidence introduced at the trial and sentencing hearing."

G.S. 15A-1444, regarding when defendant may appeal or seek review by certiorari, is amended by inserting a new subsection (a1) after subsection (a) to read as follows:

"(a1) A defendant who has entered a plea of not guilty to a felony and who has been found guilty of a felony is entitled to appeal as a matter of right the issue of whether his sentence is supported by evidence introduced at the trial and sentencing hearing only if the prison term of the sentence exceeds the presumptive term set by G.S. 15A-1340.4; otherwise, he is not entitled to appeal this issue as a matter of right but may petition the appellate division for review of this issue by writ of certiorari."

Sec. 4.  The following statutes are amended or repealed as indicated for conformity with this act. Statutory references followed by "(1977)" are to the 1977 Cumulative Supplement of the General Statutes, and those followed by "(1978)" are to the 1978 Interim Supplement; all other references are to the current replacement volume.

G.S. 14-2.1 (1977), pertaining to sentencing repeat felonies using deadly weapons, shall be amended by adding the following language at the end:

"This section shall not apply to persons convicted of felonies that occur on or after the effective date of Article 81A of Chapter 15A of the General Statues, but G.S. 15A-1340.5 shall apply to such persons."

Article 2A of Chapter 14 of the General Statutes pertaining to habitual felons, in the 1969 Replacement Volume 1B and the 1977 Cumulative Supplement, is repealed.

G.S. 162-46 (1978) and G.S. 14-263, regarding deductions of time for good behavior of prisoners serving sentences in jails, are repealed.

G.S. 148-13 is rewritten to read as follows:

"§ 148-13.  Regulations as to custody grades, privileges, gain time credit, etc. — (a) The Secretary of Correction may issue regulations regarding the grades of custody in which State prisoners are kept, the privileges and restrictions applicable to each custody grade, and the amount of cash, clothing, etc., to be awarded to State prisoners after their discharge or parole.

(b)        With respect to prisoners who are serving prison or jail terms either for felonies that occurred before the effective date of Article 81A of Chapter 15A of the General Statutes, or for misdemeanors regardless of the date of occurrence, the Secretary of Correction may, in his discretion, issue regulations regarding deductions of time from the terms of such prisoners for good behavior, meritorious conduct, work or study, participation in rehabilitation programs, and the like.

(c)        With respect to all State prisoners serving prison terms for felonies that occurred on or after the effective date of Article 81A of Chapter 15A of the General Statutes, the Secretary of Correction must grant credit toward their terms for good behavior as required by G.S. 15A-1340.7. The provisions of this section shall not apply to persons convicted of Class A or Class B felonies.

(d)        With respect to prisoners serving prison or jail terms for felonies that occurred on or after the effective date of Article 81A of Chapter 15A, the Secretary of Correction shall issue regulations authorizing gain time credit to be deducted from the terms of such prisoners, in addition to the good behavior credit authorized by G.S. 15A-1340.7. Gain time credit may be granted for meritorious conduct and shall be granted for performance of work inside or outside the prison or jail. Gain time credit earned pursuant to regulations issued under this subsection shall not be subject to forfeiture for misconduct. Gain time shall be administered to qualified prisoners as follows:

(1)        Gained Time I. In addition to the good behavior credit authorized by G.S. 15A-1340.7, prisoners who perform short-term work assignments (requiring a minimum of four hours of actual work per day) shall receive credit for work performed at the rate of two days per month.

(2)        Gained Time II. In addition to the good behavior credit authorized by G.S. 15A-1340.7, prisoners who perform job assignments requiring a minimum of six hours work per day or who perform in part-time work release programs shall receive credit at the rate of four days per month.

(3)        Gained Time III. In addition to the good behavior credit authorized by G.S. 15A-1340.7, prisoners who perform job assignments requiring a minimum of six hours per day with requirements for specialized skills or specialized responsibilities, as well as inmates participating in full-time work release shall receive credit at the rate of six days per month.

The Secretary of Correction may, in his discretion, grant gain time credit at a rate greater than the rates specified in this subsection for meritorious conduct or emergency work performed, provided, however, that the rate of gain time granted for emergency work performed shall not exceed 30 days per month, nor shall the rate of gain time granted for meritorious conduct exceed 30 days for each act of meritorious conduct.

(e)        The Secretary's regulations concerning time deductions as authorized by subsection (b), gain time credit as authorized by subsection (d), and prisoner conduct as required by G.S. 15A-1340.7(b), shall be distributed to and followed by county and district jail administrators with regard to sentenced prisoners covered by subsection (b) and (d)."

G.S. 15A-1351(b), regarding maximum and minimum terms of imprisonment, is amended by deleting the first sentence and inserting in lieu thereof:

"Sentencing of a person convicted of a felony that occurred on or after the effective date of Article 81A of this Chapter is subject to that Article; a minimum term of imprisonment shall not be imposed on such a person. With regard to convicted persons not subject to Article 81A, a sentence to imprisonment must impose a maximum term and may impose a minimum term."

G.S. 15A-1351(c), regarding reduction of a minimum term of imprisonment, is amended by adding the following at the end:

"This subsection shall not apply to a person convicted of a felony that occurred on or after the effective date of Article 81A of this Chapter."

G.S. 15A-1351(d), regarding the alternative to a minimum term, is amended by adding the following at the end:

"This subsection shall not apply to a person convicted of a felony that occurred on or after the effective date of Article 81A of this Chapter."

G.S. 15A-1354(a), regarding concurrent and consecutive terms of imprisonment, is amended by adding the following at the end:

"With respect to a person convicted of a felony that occurred on or after the effective date of Article 81A of this Chapter, G.S. 15A-1340.8 shall apply in addition to this subsection."

G.S. 15A-1355(c) is rewritten to read as follows:

"(c)       Credit for Good Behavior. The Department of Correction and jailers, as defined by G.S. 15A-1340.2, must give credit for good behavior toward service of a prison or jail term imposed for a felony that occurred on or after the effective date of Article 81A, as required by G.S. 15A-1340.7. The provisions of this section shall not apply to persons convicted of Class A or Class B felonies. The Department of Correction and jailers may give time credit toward service of other prison or jail terms imposed for a felony or misdemeanor, according to regulations issued by the Secretary of Correction as provided by G.S. 148-13."

Article 85 of Chapter 15A of the General Statutes, regarding parole, is amended by inserting the following section at the beginning:

"§ 15A-1370.1.  Applicability of Article 85. — This Article shall be applicable to all sentenced prisoners except convicted felons who are not committed youthful offenders and are not persons convicted of Class A or Class B felonies and are subject to Article 85A of this Chapter."

Chapter 15A of the General Statutes is amended to add a new Article as follows:

"Article 85A.

"Parole of Convicted Felons.

"§ 15A-1380.1.  Eligibility of felons for parole. — A prisoner who is not a committed youthful offender and has been convicted of a felony other than a Class A or a Class B felony and is serving a prison or jail term imposed for a felony that occurred on or after the effective date of this Article is not eligible for parole except as provided by this Article. For the purposes of this Article, a life sentence shall be equivalent to 80 years.

"§ 15A-1380.2.  Re-entry parole of felons. — (a) The Parole Commission shall parole each prisoner serving a prison or jail term of 18 months or more for a felony 90 days before the expiration of his term, less credit for time already served as provided by Article 19A of Chapter 15 of the General Statutes, credit for good behavior as required by G.S. 15A-1340.7, and additional gain time credit that he may receive pursuant to the regulations of the Secretary of Correction issued under G.S. 148-13. The provisions of this section shall not apply to persons convicted of Class A or Class B felonies.

(b)        The purpose of the parole established by this section is to facilitate the re-entry of the felony prisoner into the free community. The Department of Correction shall provide such services as may be helpful for this purpose.

(c)        The term of parole for a prisoner paroled under this section shall be 90 days.

(d)        The provisions of G.S. 15A-1373, G.S. 15A-1375, and G.S. 15A-1376 regarding incidents of parole, commencement of parole, and arrest and hearing on parole violation, shall be applicable to re-entry parole of felons, except that G.S. 15A-1373(d) regarding the effect of violation shall not apply. The only conditions of re-entry parole shall be those provided by G.S. 15A-1374(b)(6), (7), (8), (9), and (10).

(e)        If the parolee remains in compliance with conditions of parole during the 90 days of his re-entry parole, he shall be unconditionally discharged from prison or jail at the end of the 90 days.

(f)         If the parolee violates parole conditions before the end of his 90-day parole term, the Parole Commission may revoke his re-entry parole. If re-entry parole is revoked, the prisoner shall be returned to prison or jail where he shall serve 90 days, but shall continue to receive credit for good behavior required by G.S. 15A-1340.7(b), and any additional gain time credit to which he may be entitled pursuant to the regulations of the Secretary of Correction under G.S. 148-13, and shall be unconditionally discharged at the end of 90 days less any such credit received.

(g)        Each prisoner eligible for re-entry parole may refuse to accept such parole, in which case he shall remain in prison, but shall not lose accrued credit pursuant to G.S. 15A‑1340.7 or G.S. 148-13, and shall continue to receive credit to which he may be entitled under those statutes."

Sec. 5.  The following statutes pertaining to punishments for felonies are amended as indicated. All statutory references are to the current replacement volume of the General Statutes, unless "(1977)" appears, in which case the reference is to the 1977 Cumulative Supplement.

G.S. 14-3(b) is rewritten to read as follows:

"(b)      A misdemeanor offense committed in secrecy and malice, or with deceit and intent to defraud, shall, if no specific punishment is provided by statute, be punishable as a Class H felony. An attempt to commit burglary, crime against nature, or any felony where the attempt is made in secrecy or malice, or with deceit and intent to defraud, shall, if no specific punishment is otherwise provided by statute, be punishable as a Class H felony."

G.S. 14-6 is amended by deleting the phrase "shall be imprisoned for life in the State's prison" and inserting in lieu thereof "shall be punished as a Class C felon"; by deleting the phrase "shall be imprisoned in the State's prison for not less than five nor more than 20 years, in the discretion of the court" and inserting in lieu thereof "shall be punished as a Class F felon"; and by deleting the phrase "by imprisonment in the State prison or county jail for not more than 10 years, or may be fined in the discretion of the court" and inserting in lieu thereof "as a Class H felon".

G.S. 14-7 is amended by deleting the phrase "by imprisonment in the State's prison or county jail for not less than four months nor more than 10 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "as a Class H felon".

G.S. 14-8 is amended by deleting the phrase "and, shall be punished by imprisonment in the State's prison for not more than 15 years and by a fine of not more than ten thousand dollars ($10,000)" and inserting in lieu thereof "and shall be punished as a Class G felon".

G.S. 14-9 is amended by deleting the phrase "guilty of a felony and shall be imprisoned not more than ten years in the State's prison and be fined not exceeding five thousand dollars ($5,000)" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-12 is amended by deleting the phrase "guilty of a felony and punished accordingly" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-12.1 is amended by deleting in lines 18, 19, and 20, the phrase "guilty of a felony and upon conviction shall be fined or imprisoned, or both, in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon"; and by deleting in lines 25 and 26 the phrase "guilty of a felony and punishable by a fine or imprisonment, or both in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-12.15 is amended by deleting the phrase "guilty of a felony and shall be punished by confinement in the State prison for not less than one nor more than five years" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-13 is amended by deleting the phrase "guilty of a felony, and shall be punished by imprisonment in the State's prison or county jail for not less than four months nor more than ten years" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-14 is amended by deleting the phrase "imprisoned in the State's prison or county jail not less than four months nor more than ten years, or be fined not more than five hundred dollars ($500.00)" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-17 (1977) is amended by deleting the phrase "by imprisonment for a term of not less than two years nor more than life imprisonment in the State's prison" and inserting in lieu thereof "as a Class D felony".

G.S. 14-18 is rewritten to read as follows: "Voluntary manslaughter shall be punishable as a Class F felony, and involuntary manslaughter shall be punishable as a Class H felony."

G.S. 14-19 pertaining to punishment for second offense of manslaughter is repealed.

G.S. 14-20 is amended by deleting the phrase "by imprisonment for life in the State's prison" and inserting in lieu thereof "as a Class C felon".

G.S. 14-21(1)(a) (1977) is amended by deleting the phrase "the punishment shall be death" and inserting in lieu thereof "that person shall be punished as a Class B felon".

G.S. 14-21(1)(b) (1977) is amended by deleting the phrase "the punishment shall be death" and inserting in lieu thereof "that person shall be punished as a Class B felon".

G.S. 14-21(2) (1977) is amended by deleting the phrase "by imprisonment in the State's prison for life, or for a term of years, in the discretion of the court" and inserting in lieu thereof "as a Class C felony".

G.S. 14-22 is amended by deleting the phrase "imprisoned in the State's prison not less than one nor more than fifteen years" and inserting in lieu thereof "punished as a Class G felon".

G.S. 14-26 is amended by deleting the phrase "guilty of a felony and shall be fined or imprisoned in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-28 is amended by deleting the phrase "suffer imprisonment in the State's prison for not less than five nor more than sixty years" and inserting in lieu thereof "be punished as a Class D felon".

G.S. 14-29 is amended by deleting the phrase "imprisoned in the county jail or State's prison not less than six months nor more than ten years and fined, in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-30 is amended by deleting the phrase "shall, for the first offense, be punished by imprisonment in the State's prison or county jail not less than four months nor more than ten years, and be fined, in the discretion of the court; and for the second offense shall be imprisoned in the State's prison not less than five nor more than sixty years" and inserting in lieu thereof "shall be punished as a Class H felon".

G.S. 14-30.1 is amended by deleting the phrase "guilty of a felony and shall be punished by imprisonment in the State prison for a term of not less than four (4) months nor more than ten (10) years" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-31 is amended by deleting the phrase "guilty of a felony punishable by a fine or imprisonment for not less than one nor more than twenty years, or both such fine and imprisonment" and inserting in lieu thereof "punished as a Class F felon".

G.S. 14-32(a) (1977) is amended by deleting the phrase "is guilty of a felony punishable by a fine, imprisonment for not more than 20 years, or both such fine and imprisonment" and inserting in lieu thereof "shall be punished as a Class F felon".

G.S. 14-32(b) (1977) is amended by deleting the phrase "is guilty of a felony punishable by a fine, imprisonment for not more than 10 years, or both such fine and imprisonment" and inserting in lieu thereof "shall be punished as a Class H felon."

G.S. 14-32(c) (1977) is amended by deleting the phrase "is guilty of a felony punishable by  a fine, imprisonment for not more than 10 years, or both such fine and imprisonment" and inserting in lieu thereof "shall be punished as a Class H felon".

G.S. 14-34.1 is amended by deleting the phrase "guilty of a felony punishable as provided in G.S. 14-2" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-34.2 (1977) is amended by deleting the phrase "guilty of a felony and shall be fined or imprisoned for a term not to exceed five years in the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-39(b) (1977) is rewritten to read as follows:

"(b)      There shall be two degrees of kidnapping as defined by subsection (a). If the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted, the offense is kidnapping in the first degree and is punishable as a Class D felony. If the person kidnapped was released in a safe place by the defendant and had not been seriously injured or sexually assaulted, the offense is kidnapping in the second degree and is punishable as a Class E felony."

G.S. 14-41 is amended by deleting the phrase "guilty of a felony, and on conviction shall be fined or imprisoned in the State's prison for a period not exceeding fifteen years" and inserting in lieu thereof "punished as a Class G felon".

G.S. 14-42 is amended by deleting the phrase "guilty of a felony, and on conviction shall be punished as prescribed in that section" and inserting in lieu thereof "punished as a Class G felon".

G.S. 14-43 is amended by deleting the phrase "guilty of a felony, and upon conviction shall be imprisoned not less than one year nor more than ten years" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-44 is amended by deleting the phrase "guilty of a felony, and shall be imprisoned in the State's prison for not less than one year nor more than ten years, and be fined at the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-45 is amended by deleting the phrase "guilty of a felony and shall be imprisoned in the jail or State's prison for not less than one year nor more than five years and shall be fined, at the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-46 (1977) is amended by deleting the phrase "guilty of a felony and punished by fine or imprisonment, or both, in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-49(c) is amended by deleting the phrase "is punishable by imprisonment in the State's prison for not less than five nor more than thirty years" and inserting in lieu thereof "shall be punished as a Class E felon".

G.S. 14-49.1 is amended by deleting "by imprisonment in the State's prison for not less than ten years nor more than imprisonment for life" and inserting in lieu thereof "as a Class C felony".

G.S. 14-50(c) is amended by deleting the phrase "is punishable by imprisonment in the State's prison for not more than fifteen years" and inserting in lieu thereof "shall be punished as a Class G felon".

G.S. 14-52 (1977) is rewritten to read as follows:

"Burglary in the first degree shall be punishable as a Class C felony, and burglary in the second degree shall be punishable as a Class D felony. Notwithstanding any other provision of law, with the exception of persons sentenced as committed youthful offenders, a person convicted of a burglary in the first or second degree shall serve a term of not less than seven years in prison, excluding gain time granted under G.S. 148-13. A person convicted of a burglary in the first or second degree shall receive a sentence of at least 14 years in the State's prison and shall be entitled to credit for good behavior under G.S. 15A-1340.7. The sentencing judge may not suspend the sentence and may not place the person sentenced on probation. Sentences imposed pursuant to this section shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder."

G.S. 14-53 is amended by deleting the phrase "guilty of burglary" and inserting in lieu thereof "punished as a Class D felon".

G.S. 14-54(a) is amended by deleting the phrase "is guilty of a felony and is punishable under G.S. 14-2" and inserting in lieu thereof "shall be punished as a Class H felon".

G.S. 14-55 is amended by deleting the phrase "guilty of a felony and punished by fine or imprisonment in the State's prison, or both, in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-56 is amended by deleting the phrase "upon conviction be punished by confinement in the penitentiary in the discretion of the court for a term of years not exceeding five years" and inserting in lieu thereof "be punished as a Class I felon".

G.S. 14-56.1 (1977) is amended by deleting the phrase "guilty of a felony" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-56.3 (1977) is amended by deleting the phrase "guilty of a felony" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-57 is amended by deleting the phrase "as for burglary in the second degree, as provided in G.S. 14-52", and inserting in lieu thereof "as a Class E felon".

G.S. 14-58 (1977) is rewritten to read as follows:

"There shall be two degrees of arson as defined at the common law. If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class C felony. If the dwelling burned was unoccupied at the time of the burning, the offense is arson in the second degree and is punishable as a Class D felony."

G.S. 14-58.2 (1977) is amended by deleting the period at the end of the section, and adding the following words: "in the first degree".

G.S. 14-59 (1977) is amended by deleting the phrase "guilty of a felony and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class E felon".

G.S. 14-60 (1977) is amended by deleting the phrase "guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class E felon".

G.S. 14-61 (1977) is amended by deleting the phrase "guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class E felon".

G.S. 14-62 (1977) is amended by deleting the phrase "guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class E felon".

G.S. 14-62.1 (1977) is amended by deleting the phrase "guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than two nor more than 30 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class E felon".

G.S. 14-63 (1977) is amended by deleting the phrase "guilty of a felony and shall, on conviction, be punished by imprisonment in the State's prison for not less than four months nor more than 10 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-64 (1977) is amended by deleting the phrase "shall, on conviction, be imprisoned in the State's prison for not less than four months nor more than 10 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "shall be punished as a Class H felon".

G.S. 14-65 (1977) is amended by deleting the phrase "guilty of a felony, and shall, on conviction, be punished by imprisonment in the State's prison for not less than four months nor more than 10 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-66 (1977) is amended by deleting the phrase "guilty of a felony and shall, on conviction, be imprisoned in the State's prison for not less than four months nor more than 10 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-67 (1977) is amended by deleting the phrase "guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than four months nor more than 10 years, and may also be fined in the discretion of the Court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-67.1 (1977) is amended by deleting the phrase "guilty of a felony, and shall, on conviction, be imprisoned in the State's prison for not less than four months nor more than 10 years, and may also be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-72(a) (1977) is rewritten to read as follows:

"(a)       Larceny of goods of the value of more than four hundred dollars is a Class H felony. Receiving of stolen goods of the value of more than four hundred dollars, knowing or having reasonable grounds to believe them to be stolen is a Class H felony. Larceny as provided in subsection (b) of this section is a Class H felony. Receiving of stolen goods as provided in subsection (c) of this section is a Class H felony. Except as provided in subsections (b) and (c) of this section, larceny of property, or the receiving of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than four hundred dollars, is a misdemeanor punishable under G.S. 14-3(a). In all cases of doubt the jury shall, in the verdict, fix the value of the property stolen."

G.S. 14-72.2(b) (1977) is amended by deleting the phrase "felony punishable by a fine, imprisonment not to exceed five years, or both, in the discretion of the court" and inserting in lieu thereof "Class I felony".

G.S. 14-74 is amended by deleting the phrase "fined or imprisoned in the State prison or county jail not less than four months nor more than ten years, at the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-75.1 is amended by deleting the phrase "guilty of a felony punishable by imprisonment not exceeding four years or by a fine not exceeding five thousand dollars ($5,000), or by both" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-79 is amended by deleting the phrase "guilty of a felony, and shall be imprisoned not less than two years nor more than five years, in the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-87(a) (1977) is amended by deleting the phrase "punished by imprisonment for not less than seven years nor more than life imprisonment in the State's prison" and inserting in lieu thereof "punished as a Class D felon".

G.S. 14-87 is further amended by deleting all of subsections (b) and (c) and inserting in lieu thereof the following new subsection (b):

"(b)      Notwithstanding any other provision of law, with the exception of persons sentenced as committed youthful offenders, a person convicted of robbery with firearms or other dangerous weapons shall serve a term of not less than seven years in prison, excluding gain time granted under G.S. 148-13. A person convicted of robbery with firearms or other dangerous weapons shall receive a sentence of at least 14 years in the State's prison and shall be entitled to credit for good behavior under G.S. 15A-1340.7. The sentencing judge may not suspend the sentence and may not place the person sentenced on probation. Sentences imposed pursuant to this section shall run consecutively with and shall commence at the expiration of any sentence being served by the person sentenced hereunder."

Article 17 of Chapter 14 of the General Statutes is amended by adding the following section:

"§ 14-87.1.  Punishment for common law robbery and attempted common law robbery. — Robbery and attempted robbery as defined at common law, other than robbery with a firearm or other dangerous weapon as defined by G.S. 14-87, shall be punishable as a Class H felony."

G.S. 14-88 is amended by deleting the phrase "by imprisonment in the State's prison for not less than ten years nor more than twenty years" and inserting in lieu thereof "as a Class F felon".

G.S. 14-89 is amended by deleting the phrase "by confinement in the State's prison for not less than two years nor more than twenty years" and inserting in lieu thereof "as a Class F felon".

G.S. 14-89.1(c) (1977) is rewritten to read as follows: "Safecracking shall be punishable as a Class H felony".

G.S. 14-90 is amended by deleting the phrase "guilty of a felony, and shall be punished as in cases of larceny" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-91 is amended by deleting the phrase "guilty of a felony, and shall be fined not less than ten thousand dollars, or imprisoned in the State's prison not less than twenty years, or both, at the discretion of the court" and inserting in lieu thereof "punished as a Class F felon".

G.S. 14-92 is amended by deleting, in lines 7 and 8, the phrase "guilty of a felony, and shall be fined and imprisoned in the State's prison in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon"; by deleting, in line 15, the phrase "shall be guilty of a felony" and inserting in lieu thereof "shall be punished as a Class H felon"; and by deleting the last sentence.

G.S. 14-94 is amended by deleting the phrase "imprisoned in the State's prison not less than three nor more than ten years, and fined not less than one thousand nor more than ten thousand dollars" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-95 is amended by deleting the phrase "imprisoned in the State's prison for not less than three nor more than ten years, and fined not less than one thousand nor more than ten thousand dollars" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-98 is amended by deleting the phrase "guilty of a felony, and upon conviction shall be punished by fine or imprisonment in the State's prison in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-99 is amended by deleting the phrase "may be punished by confinement in the State's prison not exceeding five years, at the discretion of the court" and inserting in lieu thereof "shall be punished as a Class I felon".

G.S. 14-100(a) (1977) is amended by deleting the phrase "imprisoned in the State's prison not less than four months nor more than 10 years, and fined, in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-101 is amended by deleting the phrase "punishable by fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000), or by imprisonment in the State's prison for a term of not less than one year nor more than five years, or both, at the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-113.9(b) is deleted and rewritten to read as follows: "Credit card theft is punishable as provided by G.S. 14-113.17(b)."

G.S. 14-113.17(b) is amended by deleting the phrase "a felony and shall be punishable by a fine of not more than three thousand dollars ($3,000) or imprisonment for not more than three years, or both" and inserting in lieu thereof "punishable as a Class J felony".

G.S. 14-118.4 (1977) is amended by deleting the phrase "upon conviction be guilty of a felony" and inserting in lieu thereof "be punished as a Class H felon".

G.S. 14-119 is amended by deleting the phrase "guilty of a felony and shall be punished by imprisonment in the State's prison or county jail for not less than four months nor more than ten years, or by a fine in the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-120 is amended by deleting the phrase "by imprisonment in the county jail or State's prison for not less than four months nor more than ten years" and inserting in lieu thereof "as a Class I felon".

G.S. 14-121 (1977) is amended by deleting the phrase "by imprisonment in the State's prison or county jail for not less than four months nor more than 10 years" and inserting in lieu thereof "as a Class I felon".

G.S. 14-122 is amended by deleting the phrase "by imprisonment in the State's prison or county jail not less than four months nor more than ten years, or fined in the discretion of the court" and inserting in lieu thereof "as a Class I felon".

G.S. 14-123 is amended by deleting the phrase "guilty of a felony, and shall be fined not exceeding one thousand dollars, or imprisoned in the county jail or State's prison not exceeding five years, or both, at the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-124 is amended by deleting the phrase "imprisoned in the county jail or State's prison not less than four months nor more than ten years" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-136 is amended by deleting the phrase "guilty of a felony, and shall, upon conviction, be punished by imprisonment in the State's prison for not less than one nor more than five years" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-141 is amended by deleting the phrase "guilty of a felony, and shall be punished by imprisonment in the county jail or State's prison for not less than four months nor more than five years" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-150 is amended by deleting the phrase "guilty of a felony, and upon conviction thereof shall be fined or imprisoned, or both, at the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-163 (1977) is amended by deleting the phrase "guilty of a felony punishable by imprisonment for not more than five years or by a fine in the discretion of the court, or both" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-177 is amended by deleting the phrase "guilty of a felony, and shall be fined or imprisoned in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-178 is amended by deleting the second sentence and rewriting it to read: "Every such offense is punishable as a Class G felony".

G.S. 14-183 is amended by deleting the phrase "guilty of a felony, and shall be imprisoned in the State's prison or county jail for any term not less than four months nor more than ten years" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-190.8 (1977) is amended by deleting the phrase "guilty of a felony and upon conviction shall be imprisoned in the State's prison for not more than five years and shall be fined at the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-202. 1(b) (1977) is amended by deleting the phrase "a felony punishable by a fine, imprisonment for not more than 10 years, or both" and inserting in lieu thereof "punishable as a Class H felony".

G.S. 14-209 is amended by deleting the phrase "guilty of a felony and shall be fined not exceeding one thousand dollars, and imprisoned in the county jail or State's prison not less than four months nor more than ten years" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-211 (1977) is amended by deleting the phrase "confined in the State's prison for the time prescribed by law for perjury" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-212 is amended by deleting the phrase "liable to the pains and penalties of perjury" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-214 (1977) is amended by deleting the phrase "guilty of a felony punishable by  imprisonment for not more than five years or by a fine of not more than five thousand dollars ($5,000), or by both such fine or imprisonment in the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-217 is amended by deleting the phrase "guilty of a felony, and shall be punished by imprisonment in the State's prison for a term not exceeding five years, or fined not exceeding five thousand dollars, or both, in the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-218 is amended by deleting the phrase "guilty of a felony, and shall be punished by imprisonment for a term not less than one year nor more than five years in the State's prison or county jail, in the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-219 is amended by deleting the phrase "guilty of a felony, and shall be fined not exceeding double the amount so offered, promised or given, and imprisoned in the State's prison not exceeding five years" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-220 is amended by deleting the phrase "guilty of a felony, and shall be imprisoned in the State's prison or county jail not less than four months nor more than ten years" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-221 is amended by deleting the phrase "guilty of a felony, and upon conviction, or upon a plea of guilty, shall be fined not less than five hundred dollars, and imprisoned in the State's prison or the county jail not less than two nor more than fifteen years" and inserting in lieu thereof "punished as a Class G felon".

G.S. 14-221.1 (1977) is amended by deleting the phrase "guilty of a felony punishable by a fine not to exceed five thousand dollars ($5,000), or imprisonment for not more than five years, or both" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-233 is amended by deleting the phrase "guilty of a felony, and on conviction thereof shall be imprisoned in the State prison for not less than four months nor more than ten years" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-254 (1977) is amended by deleting the phrase "guilty of a felony, and upon conviction shall be imprisoned in the State's prison for not less than four months nor more than 15 years, and likewise fined, at the discretion of the court" and inserting in lieu thereof "punished as a Class G felon".

G.S. 14-258 is amended by deleting the phrase "sentenced to not less than four years hard labor in the State's prison" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-258.1(a) (1977) is amended by deleting the phrase "guilty of a felony and upon conviction thereof shall be fined or imprisoned in the State's prison for not more than 10 years in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-258.2 (1977) is amended by deleting the phrase "guilty of a felony punishable by a fine or imprisonment not to exceed 10 years" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-258.3 (1977) is amended by deleting the phrase "guilty of a felony and shall be punished as provided in G.S. 14-2" and inserting in lieu thereof "punished as a Class I felon".

G.S. 14-259 is amended by deleting the phrase "by imprisonment in the State prison not more than five years" and inserting in lieu thereof "shall be punished as a Class I felon".

G.S. 14-278 is amended by deleting the phrase "guilty of a felony and shall be imprisoned in the State's prison not less than four months nor more than 10 years, or fined, or both" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-288.2(c) is amended by deleting the phrase "felony punishable by a fine not to exceed ten thousand dollars ($10,000) or imprisonment for not more than five years, or both such fine and imprisonment" and inserting in lieu thereof "Class I felony".

G.S. 14-288.2(e) is amended by deleting the phrase "is guilty of a felony punishable as provided in G.S. 14-2" and inserting in lieu thereof "shall be punished as a Class H felon".

G.S. 14-288.6(b) is amended by deleting the phrase "is punishable by a fine not to exceed ten thousand dollars ($10,000) or imprisonment for not more than five years, or both such fine and imprisonment" and inserting in lieu thereof "shall be punished as a Class I felon".

G.S. 14-288.9(c) is amended by deleting the phrase "is guilty of a felony punishable by a fine not to exceed ten thousand dollars ($10,000) or imprisonment for not more than five years, or both such fine and imprisonment" and inserting in lieu thereof "shall be punished as a Class I felon".

G.S. 14-320.1 is amended by deleting the second sentence and rewriting it to read as follows: "Such crime shall be punishable as a Class J felony."

G.S. 14-322.1 is amended by deleting the phrase "shall, upon conviction thereof, be guilty of a felony and punished in the discretion of the court" and inserting in lieu thereof "shall be punished as a Class H felon".

G.S. 14-329(a) is amended by deleting the phrase "guilty of a felony and shall be punished by imprisonment in the State's prison for not less than five years, and may be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-329(b) is amended by deleting the phrase "guilty of the felony and shall be punished by imprisonment in the State's prison for not less than twelve months, and may be fined in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-373 is amended by deleting the phrase "guilty of a felony, and, upon conviction shall be imprisoned in the State's prison not less than one nor more than ten years, and shall be fined not less than three thousand dollars ($3,000), nor more than ten thousand dollars ($10,000)" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-374 is amended by deleting the phrase "guilty of a felony, and upon conviction shall be imprisoned in the State's prison not less than one nor more than ten years, or fined in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-377 is amended by deleting the phrase "guilty of a felony and upon conviction shall be imprisoned in the State's prison, not less than one nor more than ten years, or fined in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-398 is amended by deleting the phrase "guilty of a felony, and shall upon conviction be punished in accordance with the laws applicable thereto" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-401.11(b)(1)b (1977) is amended by deleting the phrase "guilty of a felony punishable in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-401.11(b)(2) (1977) is amended by deleting the phrase "guilty of a felony punishable by imprisonment in the Department of Correction for not less than two nor more than 10 years" and inserting in lieu thereof "punished as a Class H felon".

G.S. 14-401.11(b)(3) (1977) is amended by deleting the phrase "guilty of a felony punishable by imprisonment in the Department of Correction for not less than five nor more than 40 years" and inserting in lieu thereof "punished as a Class D felon".

G.S. 14-415.1(a) (1977) is amended by deleting the phrase "guilty of a felony and shall be imprisoned for not more than five years in the State's prison or shall be fined an amount not exceeding five thousand dollars ($5,000), or both" and inserting in lieu thereof, "punished as a Class I felon".

G.S. 18A-56(b) is amended by deleting the phrase "a felony, punishable by imprisonment for not less than four months and not exceeding five years in the discretion of the court" and inserting in lieu thereof "punishable as a Class I felony".

G.S. 20-106 is amended by deleting the phrase "is guilty of a felony" and inserting in lieu thereof "shall be punished as a Class I felon".

G.S. 20-109(b) is amended by deleting the last sentence and rewriting it to read as follows: "A violation of this subsection shall be punishable as a Class I felony."

G.S. 20-177 is amended by deleting "by imprisonment in the State prison for a term not less than one year nor more than five years, or by a fine of not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000), or by both fine and imprisonment" and inserting in lieu thereof "as a Class I felon".

G.S. 20-182 is amended by deleting the phrase "by imprisonment for not less than one nor more than five years, or in the State prison for not less than one nor more than five years, or by fine of not less than five hundred dollars ($500.00) or by both such fine and imprisonment" and inserting in lieu thereof "as a Class I felony".

G.S. 53-129 is amended by deleting the phrase "guilty of a felony and upon conviction thereof shall be fined not more than ten thousand dollars ($10,000) or imprisoned in the State's prison not more than 30 years, or both" and inserting in lieu thereof "punished as a Class E felon".

G.S. 90-95(b)(1) is amended by deleting the phrase "shall be guilty of a felony and shall be sentenced to a term of imprisonment of not more than 10 years or fined not more than ten thousand dollars ($10,000), or both in the discretion of the court" and inserting in lieu thereof "shall be punished as a Class H felon".

G.S. 90-95(b)(2) is amended by deleting the phrase "guilty of a felony and shall be sentenced to a term of imprisonment of not more than five years or fined not more than five thousand dollars ($5,000), or both in the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 90-95(c) is amended by deleting the phrase "guilty of a felony and shall be sentenced to a term of imprisonment of not more than five years or fined not more than five thousand dollars ($5,000), or both in the discretion of the court" and inserting in lieu thereof "punished as a Class I felon".

G.S. 90-95(d)(1) (1977) is amended by deleting the phrase "guilty of a felony and shall be sentenced to a term of imprisonment of not more than five years or fined not more than five thousand dollars ($5,000), or both in the discretion of the court" and by inserting in lieu thereof "punished as a Class I felon".

G.S. 90-95(d)(2) (1977) is amended by deleting the phrase "a felony punishable by a term of imprisonment of not more than five years or a fine of not more than five thousand dollars ($5,000), or both, in the discretion of the court" and inserting in lieu thereof "punishable as a Class I felony".

G.S. 90-95(d)(4) (1977) is amended by deleting the phrase "a felony punishable by a term of imprisonment of not more than five years or a fine of not more than five thousand dollars ($5,000), or both in the discretion of the court" and inserting in lieu thereof "punishable as a Class I felony".

G.S. 90-95(e) (1977) is amended by deleting all of subsections (1) and (2); by renumbering subsections (3), (4), (5), and (6) as (1), (2), (3), and (4), respectively; by deleting in the present subsection (3) the phrase "guilty of a felony and shall be sentenced to a term of imprisonment of not more than five years or fined not more than five thousand dollars ($5,000), or both in the discretion of the court" and inserting in lieu thereof "punished as a Class I felon"; and by deleting in present subsection (5) the phrase "guilty of a felony and shall be sentenced to a term of imprisonment of not less than five years nor more than 30 years" and inserting in lieu thereof "punished as a Class E felon".

G.S. 90-95.1(a) is rewritten to read as follows:

"(a)       Any person who engages in a continuing criminal enterprise shall be punished as a Class C felon and in addition shall be subject to the forfeiture prescribed in subsection (b) of this section."

G.S. 90-95.1 is further amended by deleting subsection (d).

G.S. 90-98 is amended by adding the following sentence:

"If the offense the person attempts or conspires to commit is a felony, the attempt or conspiracy is punishable as a felony of the same class as that offense."

G.S. 90-108(b) is amended by deleting the phrase "felony punishable by imprisonment for not less than one year nor more than five years and a fine of not more than five thousand dollars ($5,000)" and inserting in lieu thereof "Class I felony".

G.S. 130-69(c) (1977) is amended by deleting the phrase "upon conviction thereof be guilty of a felony and shall be punished by imprisonment in the State prison for a term not exceeding five years or fine not exceeding five thousand dollars ($5,000), or both, in the discretion of the court" and inserting in lieu thereof "be punished as a Class I felon".

G.S. 148-45(b) is amended by deleting the phrase "shall for the first such offense, except as provided in subsection (g) of this section, be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than six months nor more than two years" and inserting in lieu thereof "shall, except as provided in subsection (g) of this section, be punished as a Class J felon".

G.S. 148-45(c) pertaining to conviction for prison escape subsequent to another escape conviction is repealed.

G.S. 148-46.1 is amended by deleting the phrase "guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State's prison for a term not exceeding 10 years in the discretion of the court" and inserting in lieu thereof "punished as a Class H felon".

Sec. 6.  This act shall become effective on July 1, 1980, and shall apply only to offenses committed on or after that date, unless specific language of the act indicates otherwise.

In the General Assembly read three times and ratified, this the 4th day of June, 1979.