GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION

CHAPTER 660
SENATE BILL 795

AN ACT TO PERMIT THE COURT DISCRETION, IN APPROPRIATE CASES, TO PROVIDE ALTERNATIVE PUNISHMENT FOR SHOPLIFTING OFFENDERS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 14-72.1(e) reads as rewritten: 
"(e)	Punishment.  For a first conviction under subsections (a) or (d), or for a subsequent conviction for which the punishment is not specified by this subsection, the defendant may be fined up to one hundred dollars ($100.00) and must be sentenced to a term of imprisonment that includes a minimum term of not less than 24 hours and a maximum term of not more than 60 days. The term of imprisonment may be suspended only on condition that the defendant perform community service for a term of at least 24 hours. For a second offense committed within three years after the date the defendant was  convicted of an offense under this section, the defendant may be fined up to five hundred dollars ($500.00) and must be sentenced to a term of imprisonment that includes a minimum term of not less than 72 hours and a maximum term of not more than six months. The term of imprisonment may be suspended only on condition that the defendant be imprisoned for a term of at least 72 hours as a condition of special probation, perform community service for a term of at least 72 hours, or both. For a third or subsequent offense committed within five years after the date the defendant was convicted of two other offenses under this section, the defendant may be fined and must be sentenced to a term of imprisonment that includes a minimum term of not less than 14 days and a maximum term of not more than two years. The term of imprisonment may be suspended only if a condition of special probation is imposed to require the defendant to serve a term of imprisonment of at least 14 days.  However, if the sentencing judge finds that the defendant is unable, by reason of mental or physical infirmity, to perform the service required under this section, and the reasons for such findings are set forth in the judgment, he may pronounce such other sentence as he finds appropriate."
Sec. 2.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 23rd day of July, 1987.