NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 1165

SENATE BILL 133

 

 

AN ACT TO AMEND G.S. 20-16.2(b) TO PROVIDE FOR A HEARING ON QUESTION OF REFUSAL TO SUBMIT TO CHEMICAL TEST PROVIDED FOR UNDER G. S. 20-139.1 AND TO RESTRICT THE ADMISSIBILITY INTO EVIDENCE OF THE RESULT OF SUCH CHEMICAL TEST.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 20-16.2(b), as the same appears in the 1963 Cumulative Supplement to Recompiled Volume 1C of the General Statutes, is hereby amended by adding the following at the end thereof: "Provided: That before evidence of refusal shall be admissible in evidence in any such criminal action the court, upon motion duly made in apt time by the defendant, shall make due inquiry in the absence of the jury as to the character of the alleged refusal and the circumstances under which the alleged refusal occurred; and both the State and the accused shall be entitled to offer evidence upon the question of whether or not the accused actually refused to submit to the chemical test provided in G.S. 20-139.1."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 17th day of June, 1965.