Chapter 164 Concerning the General Statutes of North Carolina
Article 1 - The General Statutes.
- § 164-1 Title of revision
This revision shall be known as the "General Statutes of North Carolina" and may be cited in either of the following ways: "General Statutes of...
- § 164-2 Effect as to repealing other statutes
All public and general statutes not contained in the General Statutes of North Carolina are hereby repealed with the exceptions and limitations hereafter mentioned in...
- § 164-3 Repeal not to affect rights accrued or suits commenced
The repeal of the statutes described in G.S. 164‑2 shall not affect any act done, any right accruing, accrued or established, or any action or...
- § 164-4 Offenses, penalties and liabilities not affected
No offense committed, no penalty or forfeiture incurred, no liability arising, and no remedy availed of, under any of the statutes hereby repealed, before the...
- § 164-5 Pending actions and proceedings not affected
No action or proceeding pending at the time of the repeal, for any offense committed, or for the recovery of any penalty or forfeiture incurred...
- § 164-6 Effect of repeal on persons holding office
All persons who at the time the General Statutes of North Carolina becomes effective shall hold any office under any of the statutes hereby repealed...
- § 164-7 Statutes not repealed
The General Statutes of North Carolina shall not have the effect of repealing statutes or provisions of statutes which affect only a particular locality, public‑local...
- § 164-8 General Statutes of North Carolina effective December 31, 1943
All provisions, chapters, subdivisions of chapters and sections contained in the General Statutes of North Carolina shall be in force from and after the thirty‑first...
- § 164-9 Completion of General Statutes by Division of Legislative Drafting and Codification of Statutes
The Division of Legislative Drafting and Codification of Statutes of the State Department of Justice, under the direction and supervision of the Attorney General, shall...
- § 164-10 Supplements to the General Statutes; rearrangement of laws, and correction of errors
The Division of Legislative Drafting and Codification of Statutes of the Department of Justice, under the direction and supervision of the Attorney General, shall have...
- § 164-11 Supplements prima facie statement of laws; method of citation
(a) The supplements to the General Statutes of North Carolina, or to any replacement or recompiled volumes of the General Statutes, when printed under the...
- § 164-11.1 Cumulative Supplements prima facie evidence of laws
The 1945, 1947, 1949, 1951, 1953, 1955, and 1957 Cumulative Supplements to the General Statutes of North Carolina, or to any replacement or recompiled volumes...
- § 164-11.2 Adoption of 1950 Volumes 2A, 2B and 2C of the General Statutes
The chapters, subchapters, articles and sections, now comprising Volume 2 of the General Statutes of North Carolina and the Cumulative Supplements thereto, consisting of G.S....
- § 164-11.3 Adoption of 1952 Volumes 3A, 3B and 3C of the General Statutes
The chapters, subchapters, articles and sections now comprising Volume 3 of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S. 106‑1...
- § 164-11.4 Adoption of 1953 Volumes 1A, 1B and 1C of the General Statutes
The chapters, subchapters, articles and sections now comprising Volume 1 of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S. 1‑1...
- § 164-11.5 Adoption of 1958 Replacement Volumes 2C and 3B of the General Statutes
(a) The chapters, subchapters, articles and sections now comprising Volume 2C of the General Statutes of North Carolina, and Cumulative Supplement thereto, consisting of G.S....
- § 164-11.6 Adoption of 1960 Replacement Volumes 2B and 3A of the General Statutes
(a) The chapters, subchapters, articles and sections now comprising Volume 2B of the General Statutes of North Carolina, and Cumulative Supplement thereto, consisting of G.S....
- § 164-11.7 Adoption of 1965 Replacement Volumes 2B, 2C and 2D and 1964 Replacement Volumes 3B, 3C and 3D of the General Statutes
(a) The chapters, subchapters, articles and sections now comprising Volumes 2B and 2C of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting...
- § 164-11.8 Adoption of 1965 Replacement Volumes 1C and 1D and 1966 Replacement Volumes 2A and 3A of the General Statutes
(a) The chapters, subchapters, articles and sections now comprising Volume 1C of the General Statutes of North Carolina, and Cumulative Supplements thereto, consisting of G.S....
- § 164-11.9 Adoption of 1969 Replacement Volumes 1A and 1B of the General Statutes
(a) The chapters and sections thereof now comprising Volume 1A of the General Statutes of North Carolina, and Cumulative Supplement thereto, consisting of G.S. 1‑1...
Article 2 - The General Statutes Commission.
- § 164-12 Creation; name
There is hereby created and established a commission to be known as "The General Statutes Commission." (1945, c. 157.)
- § 164-13 Duties; use of funds
(a) It shall be the duty of the Commission: (1) To advise and cooperate with the Division of Legislative Drafting and Codification of Statutes of...
- § 164-14 Membership; appointments; terms; vacancies
(a) The Commission shall consist of 12 members, who shall be appointed as follows: (1) One member, by the president of the North Carolina State...
- § 164-15 Meetings; quorum
The Commission shall hold not less than two regular meetings each year, of which one shall be held in June and one in November, at...
- § 164-16 Officers
At its regular June meeting in the odd‑numbered years the Commission shall elect a chairman and a vice‑chairman for a term of two years and...
- § 164-17 Committees; rules
The Commission may elect, or may authorize its chairman to appoint, such committees of the Commission as it may deem proper. The Commission may adopt...
- § 164-18 Reports
The Commission shall submit to each regular session of the General Assembly a report of its work during the preceding two years, together with such...
- § 164-19 Compensation
Members of the Commission shall be paid the amount of per diem provided by G.S. 138‑5 for attendance upon meetings of the Commission, or upon...
- § 164-20 through 164-24 Reserved for future codification purposes
Article 3 - Commission on Code Recodification.
Article 4 - Sentencing Commission.
- § 164-35 Commission established
The North Carolina Sentencing and Policy Advisory Commission is established. As used in this Article, the term "Commission" means the North Carolina Sentencing and Policy...
- § 164-36 Powers and duties
(a) Sentences established for violations of the State's criminal laws should be based on the established purposes of our criminal justice and corrections systems. The...
- § 164-37 Membership; chairman; meetings; quorum
The Commission shall consist of 30 members as follows: (1) The Chief Justice of the North Carolina Supreme Court shall appoint a sitting or former...
- § 164-38 Terms of members; compensation; expenses
The terms of existing members shall expire on June 30, 1997, unless they resign or are removed. New members shall be appointed or the existing...
- § 164-39 Executive director and other staff
The Commission shall employ an Executive Director from candidates presented to it by the Chairman and the Director of the Administrative Office of the Courts....
- § 164-40 Correction population simulation model; Department of Juvenile Justice and Delinquency Prevention facilities population simulation model
(a) The Commission shall develop a correctional population simulation model, and shall have first priority to apply the model to a given fact situation, or...
- § 164-41 Classification of offenses – ranges of punishment
(a) The Commission shall classify criminal offenses into felony and misdemeanor categories on the basis of their severity. (b) In determining the proper category for...
- § 164-42 Sentencing structures
(a) The Commission shall recommend structures for use by a sentencing court in determining the most appropriate sentence to be imposed in a criminal case,...
- § 164-42.1 Policy recommendations
(a) Using the studies of the Special Committee on Prisons, the Governor's Crime Commission, and other analyses, including testimony from representatives of the bodies that...
- § 164-42.2 Community corrections
The Commission shall recommend a comprehensive community corrections strategy and organizational structure for the State based upon the following: (1) A review of existing community‑based...
- § 164-43 Priority of duties; reports; continuing duties
(a) The Commission shall have two primary duties, and other secondary duties essential to accomplishing the primary ones. The Commission may establish subcommittees or advisory...
- § 164-44 Statistical information; financial or other aid
(a) The Commission shall have the secondary duty of collecting, developing, and maintaining statistical data relating to sentencing, corrections, and juvenile justice so that the...
- § 164-45 Administrative direction and supervision
The Commission shall be administered under the direction and supervision of the Director of the Administrative Office of the Courts. The Commission shall exercise all...
- § 164-46 Repealed by Session Laws 1998-212, s. 16.18(b)
- § 164-47 Biennial Report on Recidivism
The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, and the Department of Correction shall jointly conduct ongoing evaluations of community corrections...
- § 164-48 Biennial report on juvenile recidivism
The Judicial Department, through the North Carolina Sentencing and Policy Advisory Commission, shall conduct biennial recidivism studies of juveniles in North Carolina. Each study shall...
