Legislative Changes to Which Prior Convictions Can Support a Habitual Felon Charge

S.L. 2017-176 makes two important changes to which prior convictions can support a habitual felon charge. The legislation (1) clarifies the status of prior convictions from New Jersey and other states that don’t use the term “felony,” and (2) imposes a new requirement that a prior conviction from another state be for an offense that is “substantially similar” to a North Carolina felony. Prior convictions from New Jersey. New Jersey uses the terms “crimes” and “disorderly persons offenses” in place of “felonies” and misdemeanors.” Because North Carolina’s habitual felon statute refers to “felony offenses,” see, e.g., G.S. 14-7.1, judges, lawyers, and citizens have long been unsure whether a prior conviction for a “crime” in New Jersey can be used to support a habitual felon charge. (I discussed this issue in previous blog posts here and here.) The new statute provides that a prior conviction counts as a felony if it is from “another state or sovereign that does not classify any crimes as felonies,” it is “substantially similar to an offense that is a felony in North Carolina,” and it is “punishable by imprisonment for more than a year in state prison.” That seems to cover New Jersey, and other states like Maine that don’t use the term “felony.” I don’t see obvious ambiguities or drafting problems, but if you do, please post a comment. New substantial similarity requirement. Since the habitual felon statute was first enacted in 1967, see S.L. 1967-1241, the statute has deferred to other states’ classifications of [...]