AN ACT to require active time for a conviction of felony death by vehicle or felony death by impaired boating.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑141.4(b) reads as rewritten:

(b)      Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:

(1)        Repeat felony death by vehicle is a Class B2 felony.

(1a)      Aggravated felony death by vehicle is a Class D felony. Notwithstanding the provisions of G.S. 15A‑1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.

(2)        Felony death by vehicle is a Class D felony. Notwithstanding the provisions of G.S. 15A‑1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender. Any intermediate punishment issued pursuant to this subdivision shall include special probation with a continuous period of confinement of at least one‑fourth the maximum sentence of imprisonment imposed for the offense. Notwithstanding G.S. 15A‑1351, the continuous period of confinement imposed may be for a period of up to 27 months.

(3)        Aggravated felony serious injury by vehicle is a Class E felony.

(4)        Felony serious injury by vehicle is a Class F felony.

(5)        Misdemeanor death by vehicle is a Class A1 misdemeanor.

SECTION 2.  G.S. 75A‑10.3(f) reads as rewritten:

(f)       Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:

(1)        Repeat death by impaired boating is a Class B2 felony.

(2)        Aggravated death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A‑1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.

(3)        Death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A‑1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender. Any intermediate punishment issued pursuant to this subdivision shall include special probation with a continuous period of confinement of at least one‑fourth the maximum sentence of imprisonment imposed for the offense. Notwithstanding G.S. 15A‑1351, the continuous period of confinement imposed may be for a period of up to 27 months.

(4)        Aggravated serious injury by impaired boating is a Class E felony.

(5)        Serious injury by impaired boating is a Class F felony.

SECTION 3.  This act becomes effective December 1, 2021, and applies to offenses committed on or after that date.