Bill Summaries: H324 (2011-2012 Session)

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  • Summary date: Mar 10 2011 - View summary

    Amends GS 90-95(d)(4) as the title indicates. Provides that when a person possesses a controlled substance classified in Schedule VI and that controlled substance is marijuana, if the quantity weighs (1) less than one ounce the violation is an infraction; (2) one ounce or more but less than one and one-half ounces, the violation is a Class 3 misdemeanor; (3) one and one-half ounces or more, but less than two ounces, the violation is a Class 1 misdemeanor; and (4) two ounces or more, the violation is a Class I felony (was, possession of a controlled substance classified in Schedule VI was a Class 3 misdemeanor, possession of more than one-half ounce of marijuana was a Class 1 misdemeanor, and possession of more than one and one-half ounces was a Class I felony).
    Provides that if the quantity of marijuana possessed is one ounce or more but less than one and one-half ounces, that any sentence imposing imprisonment must be suspended, and prohibits the judge from requiring at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation.
    Provides that possession of a controlled substance that is hashish is a (1) Class 3 misdemeanor if the quantity weighs one-twentieth of an ounce or less; (2) Class 1 misdemeanor if the quantity weighs three-twentieths of an ounce or less but more than one-twentieth of an ounce; or a (3) Class I felony if the quantity weighs more than three-twentieths of an ounce. Provides that if the quantity by weight of hashish possessed is one'twentieth of an ounce or less that any sentence imposing imprisonment must be suspended, and prohibits the judge from requiring at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation.
    Enacts new GS 15A-145.4 to provide that a person convicted of a Class 3 misdemeanor under GS 90-95(d)(4) for possession of marijuana before December 1, 2011, and who has not been previously convicted of any felony or misdemeanor other than a traffic violation may file a petition for expunction of the offense from the person's criminal record in the court where the person was convicted. Prohibits filing the petition for expunction earlier than two years after the date of the conviction or the completion of any period of probation, whichever occurs later. Specifies requirement for what the petition must contain, the filing of required affidavits, and service of the petition on the district attorney of the court where the conviction was obtained. Sets the factors to be considered by the judge
    at the hearing in deciding to grant or not grant the expunction. Requires that the person seeking expunction of the record must pay a fee of $125 to the clerk of superior court at the time of the filing. Provides that the fee requirement does not apply to petitions filed by an indigent.
    Effective December 1, 2011.