State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1340_16C

§ 15A‑1340.16C. Enhanced sentence if defendant is convicted of a felony and the defendant waswearing or had in his or her immediate possession a bullet‑proof vestduring the commission of the felony.

(a)        If a person isconvicted of a felony and it is found as provided in this section that theperson wore or had in his or her immediate possession a bullet‑proof vestat the time of the felony, then the person is guilty of a felony that is oneclass higher than the underlying felony for which the person was convicted.

(b)        Repealed by SessionLaws 2003‑378, s. 4, effective August 1, 2003.

(b1)      This section doesnot apply to law enforcement officers, unless the State proves beyond areasonable doubt, pursuant to subsection (d) of this section, both of the following:

(1)        That the lawenforcement officer was not performing or attempting to perform a lawenforcement function.

(2)        That the lawenforcement officer knowingly wore or had in his or her immediate possession abulletproof vest at the time of the commission of the felony for the purpose ofaiding the law enforcement officer in the commission of the felony.

(c)        An indictment orinformation for the felony shall allege in that indictment or information or ina separate indictment or information the facts set out in subsection (a) ofthis section. The pleading is sufficient if it alleges that the defendantcommitted the felony while wearing or having in the defendant's immediatepossession a bulletproof vest. One pleading is sufficient for all felonies thatare tried at a single trial.

(d)        The State shallprove the issue set out in subsection (a) of this section beyond a reasonabledoubt during the same trial in which the defendant is tried for the felonyunless the defendant pleads guilty or no contest to that issue. If thedefendant pleads guilty or no contest to the felony but pleads not guilty tothe issue set out in subsection (a) of this section, then a jury shall beimpaneled to determine that issue.

(e)        Subsection (a) ofthis section does not apply if the evidence that the person wore or had in theperson's immediate possession a bulletproof vest is needed to prove an elementof the felony. (1999‑263,s. 1; 2003‑378, s. 4.)