GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S                                                                                                                                                     2

SENATE BILL 299

Judiciary Committee Substitute Adopted 4/4/17

 

Short Title:      Habitual Impaired Driving/10-Year Period.

(Public)

Sponsors:

 

Referred to:

 

March 16, 2017

A BILL TO BE ENTITLED

AN ACT to adjust how the TEN‑year period for determining whether a person committed the offense of habitual impaired driving is calculated.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑138.5 reads as rewritten:

"§ 20‑138.5.  Habitual impaired driving.

(a)        A person commits the offense of habitual impaired driving if he the person drives while impaired as defined in G.S. 20‑138.1 and has been convicted of three or more offenses involving impaired driving as defined in G.S. 20‑4.01(24a) within 10 years of the date of this offense. Any period of time that the person spent incarcerated in a local, State, or federal detention center, jail, or prison for an offense involving impaired driving, as defined in G.S. 20‑4.01(24a), shall be excluded in calculating the 10‑year period under this subsection.

(d)       A person convicted under this section shall have his or her license permanently revoked.

…."

SECTION 2.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.