“Second Look” Sentencing Is Not the Law in North Carolina

Some states have passed laws authorizing judges to review sentences after a defendant has served a specified portion of the sentence. They are sometimes referred to as “second look” laws. A bill proposing a second-look procedure was filed in the General Assembly in 2025, but it was referred to committee and never enacted. See House Bill 589. Nevertheless, judges around the state are receiving dozens of motions for appropriate relief filed under authority of “The Second Look Act” as though it became law. To be clear, no such law was enacted, and motions premised solely on that theory lack a legal basis. I’m not writing this post to rain on anyone’s parade. But I think it’s important to avoid confusion, manage expectations, and be sure that the filing of a meritless MAR now doesn’t wind up procedurally barring a defendant from filing a meritorious one later. As drafted, North Carolina’s proposed second-look bill would, if enacted, have allowed anyone serving time for DWI or a crime sentenced under Structured Sentencing, except those serving a life sentence, to file for second-look relief after serving 10 years in prison or 50 percent of the imposed sentence if it was for 10 years or less. After consideration of twelve factors set out in the bill (including, among others, age at time of offense, track record in prison, and victim input), if the court could find that the defendant “is not a danger to the safety of any person or the community and that the [...]