Senate passes Trump-inspired bill to roll back Cooper-sponsored mandatory minimum laws

RALEIGH — A bill sponsored by Lumberton’s resident state senator that gives a “second chance” to some people who have been convicted of crimes was sent Tuesday to the governor’s desk, where it could become law with the stroke of a pen.

The Second Chance Act was one of two pieces of legislation of which Sen. Danny Britt Jr., a Republican, was a primary sponsor that received Senate approval Tuesday. The other was the First Step Act, which passed 48-0, and now goes back to the House of Representatives for a final vote.

The Second Chance Act also was approved on a 48-0 vote before being sent to Gov. Roy Cooper. The governor has 10 calendar days to either sign it into law or veto it.

“It’s a big deal,” Britt said of the Second Chance Act. “It changes the lives of a bunch of people.”

If it becomes law, the criminal justice reform bill, backed by a wide range of groups across the political spectrum and approved by the House this past week, builds upon recent expunction laws that allow people who committed crimes because of youthful indiscretions to eliminate obstacles in background checks for employment, housing and other needs.

The bill means convictions of nonviolent, low-grade felonies and misdemeanors committed while a person was 16 and 17 years old before December 2019 can be removed. Currently, such counts are considered juvenile offenses under North Carolina’s “Raise the Age” reform, and are not on a person’s public record.

The Second Chance Act, if approved by Cooper, also automatically removes misdemeanor and felony charges dismissed or disposed as “not guilty” starting in July. A person or prosecutors also could seek to have multiple nonviolent misdemeanors removed more quickly.

The Act also mandates that prosecutors can still access a person’s “erased” records for sentencing.

“Mistakes made as a teenager shouldn’t condemn a person to lifelong consequences,” said Britt, an attorney. “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.”

Britt said Second Chance, on which he has been working for two years, is the legislation for which he is most proud.

“Sen. Britt has been a leader on criminal justice reform. His work, with people from across the political spectrum, will change lives,” Senate Leader Phil Berger said.

The First Step Act, inspired by legislation of the same name and signed into law by President Donald Trump, provides judges with flexibility to ignore mandatory minimum sentences. The rationale being that nonviolent offenders shouldn’t face harsher penalties than violent offenders, and that rehabilitation — particularly for drug users — should be the top priority.

“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,” Britt said. “Those complaining today 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.”