Administration of Justice Bulletin

2005 Legislation Affecting Criminal Law and Procedure

Thursday, December 1, 2005

The most significant legislation enacted by the General Assembly in the field of criminal law and procedure was what has become known as the Blakely bill, which responds to rulings of the United States Supreme Court that rendered unconstitutional portions of North Carolina’s sentencing statutes. As is common in most sessions, the General Assembly also passed legislation on a wide array of criminal law and procedure topics. Most of the attention was paid to creating and revising criminal offenses, including new restrictions on the sale of pseudoephedrine, a cold medication ingredient also used to manufacture methamphetamine, and revamped laws on identity theft and exploitation of an elderly or disabled adult. The General Assembly also passed legislation that indirectly involves criminal law, expanding the collateral consequences of criminal convictions by requiring sex-offender registration for a wider range of offenses and requiring criminal history checks for a wider range of employment and other activities.

Each ratified act discussed here is identified by its chapter number in the session laws and by the number of the original bill. When an act creates new sections in the General Statutes (G.S.), the section number is given; however, the codifier of statutes may change that number later. Copies of the bills may be viewed on the web site of the General Assembly,

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Topics - Courts and Judicial Administration