News Roundup

Published for NC Criminal Law on June 19, 2020.

There was notable criminal law legislation in the General Assembly this week where lawmakers unanimously passed the North Carolina First Step Act and the Second Chance Act.  As the News & Observer reports, some legislators have said that the fact that the bills had unanimous support is a signal that the legislature may take up additional criminal justice reform legislation.  The bills now go to Governor Roy Cooper, who one of the bills’ cosponsors blamed for over-incarceration in the state, for approval.  Keep reading for more on this story and other news. First Step.  The First Step Act provides judges with discretion to reduce fines and sentences associated with drug trafficking convictions upon making certain findings that generally are applicable in situations where the offense does not involve violence, the defendant does not have an extensive record, and the quantity of controlled substance involved is relatively low.  The bill also allows a three-year window for people to file motions for appropriate relief seeking modifications of sentences already imposed for trafficking offenses.  Regular readers may remember that Jamie blogged about an earlier version of the bill here. Second Chance.  The Second Chance Act revises North Carolina expunction law, providing an avenue for the expunction of certain misdemeanors and felonies committed when a person was under the age of 18 prior to the enactment of Raise the Age, modifying existing law regarding expunctions of nonviolent misdemeanor and felony convictions, and streamlining the process for expunctions of records in situations where charges have been [...]