Old North News

The North Carolina Senate has passed a pair of bills that are designed to overturn a law sponsored in the late 1990s by then- Sen. Roy Cooper, which doubled the mandatory minimum sentences for drug offenses, Senate Republicans announced in a news release June 16.

The Senate passed the First Step Act in a unanimous 48-0 vote and it will go to the House of Representatives for a final vote. The First Step Act is inspired by President Trump’s legislation of the same name. It allows judges to use their discretion when sentencing individuals and allows them to ignore mandatory minimum sentences currently in the legal system.  Individuals who commit nonviolent crimes should not be punished more harshly than those who commit violent offenses. It also makes rehabilitation a priority, particularly for those convicted of drug-related crimes and those who use drugs.

“There should be no confusion on this point; my bill, the First Step Act, overturns the mandatory minimum sentences imposed by then-Sen. Roy Cooper," said Sen. Danny Britt (R-Robeson), who sponsored the measure. "Those complaining about over-incarceration can draw a straight line back to Roy Cooper for the past two decades of failed policies. I hope now-Gov. Cooper signs into law the Republican-led legislation to overturn the disastrous policies he implemented.” 

The Second Chance Act also passed by a 48-0 vote and goes to Cooper for his signature or veto. It also was sponsored by Britt. This act gives individuals a way to expunge their records of specific nonviolent crimes after a period of time.

"Mistakes made as a teenager shouldn't condemn a person to lifelong consequences," Britt said. "The goal of the criminal justice system is rehabilitation, which is nearly impossible if an offender can't get a good job to support a family or qualify for quality housing. The Second Chance Act provides hope for a better life, which benefits the individual, society and the economy." 

During the late 1990s, when Cooper was a senator, he sponsored several bills related to the criminal justice system that were meant to increase penalties and discourage the individual acts themselves.

These pieces of legislation, which all became law, doubled mandatory minimum sentences for drug offenses, reduced the amount of marijuana a person could possess before they were charged with drug trafficking (reduced by 80 percent), and increased the mandatory minimum sentences for marijuana possession and use. Cooper also sponsored another piece of legislation that eliminated the mandatory biennial review of cases where offenders were sentenced to life in prison without parole.

One of those was Senate Bill 888 from 1999. In addition to changing sentencing, the measure made it illegal to obtain or possess certain chemicals that could be used to manufacture other illicit drugs.  

The Republican legislature called Cooper’s legislation “disastrous policies” and worked this year to overturn them and provide more balance to the criminal justice system.