GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-210
HOUSE BILL 641
AN ACT to provide that a court has the discretion to determine whether to grant a conditional discharge for a first offense of certain drug offenses.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90-96(a) reads as rewritten:
"(a)
Whenever any person who has not previously been convicted of (i) any felony
offense under any state or federal laws; (ii) any offense under this Article;
or (iii) an offense under any statute of the United States or any state
relating to those substances included in Article 5 or 5A of Chapter 90 or to
that paraphernalia included in Article 5B of Chapter 90 of the General Statutes
pleads guilty to or is found guilty of (i) a misdemeanor under this Article by
possessing a controlled substance included within Schedules I through VI of
this Article or by possessing drug paraphernalia as prohibited by G.S. 90-113.22,
or (ii) a felony under G.S. 90-95(a)(3), the court shall, without entering
a judgment of guilt and with the consent of such person, defer further
proceedings and place him on probation upon such reasonable terms and
conditions as it may require. require, unless the court determines
with a written finding, and with the agreement of the District Attorney, that
the offender is inappropriate for a conditional discharge for factors related
to the offense. Notwithstanding the provisions of G.S. 15A-1342(c) or
any other statute or law, probation may be imposed under this section for an
offense under this Article for which the prescribed punishment includes only a
fine. To fulfill the terms and conditions of probation the court may allow the
defendant to participate in a drug education program approved for this purpose
by the Department of Health and Human Services or in the Treatment for
Effective Community Supervision Program under Article 6B of Chapter 143B of the
General Statutes. Upon violation of a term or condition, the court may enter an
adjudication of guilt and proceed as otherwise provided. Upon fulfillment of
the terms and conditions, the court shall discharge such person and dismiss the
proceedings against him. Discharge and dismissal under this section shall be
without court adjudication of guilt and shall not be deemed a conviction for
purposes of this section or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime including the additional penalties
imposed for second or subsequent convictions under this Article. Discharge and
dismissal under this section or G.S. 90-113.14 may occur only once with
respect to any person. Disposition of a case to determine discharge and
dismissal under this section at the district court division of the General
Court of Justice shall be final for the purpose of appeal. Prior to taking any
action to discharge and dismiss under this section the court shall make a
finding that the defendant has no record of previous convictions as provided in
this subsection."
SECTION 2. This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 19th day of June, 2013.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:36 p.m. this 26th day of June, 2013