HB 540/SB 442 – Drug Trafficking/Judicial Discretion & Study

Primary House Sponsors: Rep. Greg Murphy (R-Pitt), Rep. Craig Horn (R-Union), Rep. Holly Grange (R-New Hanover), Rep. Josh Dobson (R-Avery)

Primary Senate Sponsors: Rep. Jim Davis (R-Cherokee)

Bill Summary

This bill will increase judicial discretion in sentencing for drug trafficking offenses and require the NC Sentencing and Policy Advisory Commission to study the advisability of reducing sentences for drug trafficking convictions.

The bill would allow the sentencing judge to reduce the fine, reduce or suspend prison term, or probation if the judge enters into the record all of the following:

  • Defendant was suffering from addiction to a controlled substance
  • Defendant has accepted responsibility for the defendant’s criminal conduct
  • Defendant has completed a substance abuse assessment
  • Defendant has a good treatment prognosis, and a workable treatment plan

Bill Movement

This bill was filed on April 2, 2019.