Pubdate: Sun, 09 Jan 2005
Source: Hickory Daily Record (NC)
Copyright: 2005 Hickory Daily Record
Contact:  http://www.hickoryrecord.com/
Details: http://www.mapinc.org/media/1109
Author: Josh Yoder, Record staff writer
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

DA WANTS TOUGHER CRIMINAL PENALTIES

Gaither Intends To Push For Changes To N.C. Statutes

HICKORY -- Nearly two years ago, 4-year-old Rachel Sanchez was struck in 
the head by a bullet that pierced the window of her grandparents' vehicle 
while they were traveling on Interstate 40 in Conover.

This weekend, District Attorney James Gaither is proposing that North 
Carolina law be changed in response to Rachel's case.

"Rachel's Law" would guarantee stiffer penalties for shooting into occupied 
vehicles. It's among several proposals Gaither's office is taking to the 
N.C. Conference of District Attorneys in Raleigh.

Gaither recently was appointed to serve on the committee, which meets to 
discuss potential changes to state statutes. Gaither will help determine 
which proposals the committee will push for in the General Assembly's 
legislative session.

Existing statutes need to be clarified and fortified, Gaither said.

"Our legislature needs to toughen up the criminal code in the state," he 
said. "There needs to be consistency throughout the criminal statutes so 
the punishment fits the crime."

In November 2003, a 15-year-old boy confessed to the Sanchez shooting. He 
told authorities he was aiming at the vehicle's tires. The boy was ordered 
to serve 12 months on probation. Since the shooter was a juvenile, 
Gaither's proposed changes would not have affected the case; however, 
Gaither says the law needs to be changed as a deterrent.

Gaither's office is suggesting the following changes, in addition to 
Rachel's Law:

- - An expansion of the legal definition of prostitution to include 
additional sexual contact. Currently, prostitution is defined solely as 
sexual intercourse; Gaither says that makes it tougher to prosecute cases 
involving other sex acts.

- - That the law involving bomb hoaxes be expanded. Currently, someone can be 
charged with a felony for calls reporting that a bomb is in a government 
building. Gaither says this should include threats stating a bomb is 
outside a government building, but close enough to still do damage.

- - A modification of marijuana laws that would make it a more serious felony 
to possess, deliver or sell 2 pounds or more of the drug.

- - That aggravated assault on a female become a felony charge. Currently, a 
domestic assault inflicting serious injury carries a misdemeanor charge.

In addition, Gaither is proposing a task force to review and expand the 
state's laws against fraud. The current ones are inadequate, he says.

Gaither requests that people in his district write to him with suggestions 
for further changes.
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MAP posted-by: Elizabeth Wehrman