GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

S                                                                                                                                                     3

SENATE BILL 61

House Committee Substitute Favorable 7/28/05

 House Committee Substitute #2 Favorable 8/30/05

 

 

 

Short Title:     Felony Death by Vehicle/Sex Offender Amend.

(Public)

Sponsors:

 

Referred to:

 

February 7, 2005

A BILL TO BE ENTITLED

AN ACT to strengthen the laws against impaired driving by increasing the punishment for felony death by VEHICle and to provide that a victim of a sexually violent offense or the victim's family may obtain a civil no-contact order against a registered offender who resides or works at a place of employment within a quarter mile of the victim.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20-141.4 reads as rewritten:

"§ 20-141.4.  Felony and misdemeanor death by vehicle.

(a)       Repealed by Session Laws 1983, c. 435, s. 27.

(a1)     Felony Death by Vehicle. - A person commits the offense of felony death by vehicle if he unintentionally causes the death of another person while engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2 and commission of that offense is the proximate cause of the death.

(a2)     Misdemeanor Death by Vehicle. - A person commits the offense of misdemeanor death by vehicle if he unintentionally causes the death of another person while engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1, and commission of that violation is the proximate cause of the death.

(b)       Punishments. - Felony death by vehicle is a Class G E felony. Misdemeanor death by vehicle is a Class 1 misdemeanor.

(c)       No Double Prosecutions. - No person who has been placed in jeopardy upon a charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by vehicle arising out of the same death."

SECTION 2.  G.S. 50C-1 is amended by adding the following new subdivisions to read:

"(3a)    Registered offender means a person who is required to register under Article 27A of Chapter 14 of the General Statutes.

(4b)     Sexually violent offense is as defined in G.S. 14-208.6."

SECTION 3.  G.S. 50C-2(a) reads as rewritten:

"(a)      An action is commenced under this Chapter by filing a verified complaint for a civil no-contact order in district court or by filing a motion in any existing civil action, by any of the following:

(1)       A person who is a victim of unlawful conduct that occurs in this State.State or who is a victim of a sexually violent offense.

(2)       A competent adult who resides in this State on behalf of a minor child or an incompetent adult who is a victim of unlawful conduct that occurs in this State.State or who is a victim of a sexually violent offense."

SECTION 4.  Chapter 50C of the General Statutes is amended by adding a new section to read:

"§ 50C-5.1.  Civil no-contact order for victim of sexually violent offense against registered offender; remedy.

(a)       The court may also issue temporary or permanent civil no-contact orders as authorized in this Chapter if it makes the following findings:

(1)       The victim is the victim of a sexually violent offense committed by the respondent.

(2)       The respondent is a registered offender.

(3)       The respondent resides or works at a place of employment located within a quarter of a mile of the victim's residence, school, place of employment, or other specified place.

(b)       The court may grant one or more of the following forms of relief in its orders under this section:

(1)       Order the respondent to refrain from entering or remaining present at the victim's residence, school, place of employment, or other specified places at times when the victim is present.

(2)       Order other relief deemed necessary and appropriate by the court.

(c)       A civil no-contact order issued under this section shall include the following notice, printed in conspicuous type: 'A knowing violation of a civil no-contact order shall be punishable as contempt of court which may result in a fine or imprisonment'."

SECTION 5.  G.S. 50C-7 reads as rewritten:

"§ 50C-7.  Permanent civil no-contact order.

Upon a finding that the victim victim:  (i) has suffered unlawful conduct committed by the respondent, respondent, or (ii) is the victim of a sexually violent offense and the respondent is a registered offender who resides or works at a place of employment located within a quarter of a mile of the victim's residence, school, place of employment, or other specified place, a permanent civil no-contact order may issue if the court additionally finds that process was properly served on the respondent, the respondent has answered the complaint and notice of hearing was given, or the respondent is in default. No permanent civil no-contact order shall be issued without notice to the respondent."

SECTION 6.  Section 1 of this act becomes effective December 1, 2005, and applies to offenses committed on or after that date.  The remainder of this act becomes effective October 1, 2005.