GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H D
HOUSE DRH11090-MA-136 (02/16)
Short Title: DWLR Penalties Increased/Vehicle Seizures. |
(Public) |
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Sponsors: |
Representative Starnes. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to increase the penalties for driving while license revoked by setting minimum fines for the INITIAL and subsequent convictions, by requiring the vehicle being operated by a driver whose license or driving privileges are REVOKED after two prior convictions for driving while license revoked to be seized and forfeited to the state, and to require a minimum term of imprisonment or in the alternative House arrest for a third or subsequent conviction.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-28 reads as rewritten:
"§ 20-28. Unlawful to drive while license revoked, after notification, or while disqualified.
(a) Driving While License Revoked. - Except as provided in subsection (a1) of this section, any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 1 misdemeanor. Upon conviction, the person's license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense.
The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license.
(a1) Driving Without Reclaiming License. - A person convicted under subsection (a) shall be punished as if the person had been convicted of driving without a license under G.S. 20-35 if the person demonstrates to the court that either subdivisions (1) and (2), or subdivision (3) of this subsection is true:
(1) At the time of the offense, the person's license was revoked solely under G.S. 20-16.5; and
(2) a. The offense occurred more than 45 days after the effective date of a revocation order issued under G.S. 20-16.5(f) and the period of revocation was 45 days as provided under subdivision (3) of that subsection; or
b. The offense occurred more than 30 days after the effective date of the revocation order issued under any other provision of G.S. 20-16.5; or
(3) At the time of the offense the person had met the requirements of G.S. 50-13.12, or G.S. 110-142.2 and was eligible for reinstatement of the person's drivers license privilege as provided therein.
In addition, a person punished under this subsection shall be treated for drivers license and insurance rating purposes as if the person had been convicted of driving without a license under G.S. 20-35, and the conviction report sent to the Division must indicate that the person is to be so treated.
(a2) Driving After Notification or Failure to Appear. - A person shall be guilty of a Class 1 misdemeanor if:
(1) The person operates a motor vehicle upon a highway while that person's license is revoked for an impaired drivers license revocation after the Division has sent notification in accordance with G.S. 20-48; or
(2) The person fails to appear for two years from the date of the charge after being charged with an implied-consent offense.
Upon conviction, the person's drivers license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense. The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license.
(a3) Felony Driving While License Revoked. - Any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked and has two or more prior convictions for violations of subsection (a) of this section shall be guilty of a Class I felony.
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(e) Fines. - In addition to any period of revocation required by this section, any person convicted for driving while the persons license or driving privileges are revoked shall pay a fine of not less than two hundred fifty dollars ($250.00) for the first offense, one thousand dollars ($1,000) for the second offense, and two thousand five hundred dollars ($2,500) for the third and subsequent offenses.
(f) Vehicles Subject to Seizure. - In addition to any other fine or penalty required by this section, if a person is convicted for a fourth subsequent violation under this section, the motor vehicle that was driven by the defendant at the time the defendant committed the offense of driving while the person's license or driving privileges are revoked becomes property subject to forfeiture in accordance with the procedure set out in G.S. 20-28.3. In applying the procedure set out in G.S. 20-28.3, an owner or a holder of a security interest is considered an innocent party with respect to a motor vehicle subject to forfeiture under this subsection if the defendant drove the motor vehicle without the consent of the owner or the holder of the security interest.
(g) Mandatory Confinement. - A person convicted of felony driving while license revoked under subsection (a3) of this section shall be sentenced to a minimum active term of not less than six months of imprisonment. A judge may suspend the active sentence required by this subsection and place the defendant on supervised probation with a special condition of house arrest with electronic monitoring in accordance with G.S. 15A-1343 for a period not less than 90 days."
SECTION 2. G.S. 20-28.3 reads as rewritten:
"§
20-28.3. Seizure, impoundment, forfeiture of motor vehicles for offenses
involving impaired driving while license revoked or without license and insurance.insurance,
and for felony driving while license revoked.
(a) Motor Vehicles
Subject to Seizure.Seizure for Impaired Driving Offenses. - A
motor vehicle that is driven by a person who is charged with an offense
involving impaired driving is subject to seizure if:
(1) At the time of the violation, the drivers license of the person driving the motor vehicle was revoked as a result of a prior impaired driving license revocation as defined in G.S. 20-28.2(a); or
(2) At the time of the violation:
a. The person was driving without a valid drivers license, and
b. The driver was not covered by an automobile liability policy.
For the purposes of this subsection, a person who has a complete defense, pursuant to G.S. 20-35, to a charge of driving without a drivers license, shall be considered to have had a valid drivers license at the time of the violation.
(a1) Motor Vehicles Subject to Seizure for Felony Driving While License Revoked. - A motor vehicle is subject to seizure if that vehicle is being driven by a person who is charged with the offense of felony driving while license revoked pursuant to G.S. 20-28(a3).
(b) Duty of
Officer. - If the charging officer has probable cause to believe that a motor
vehicle driven by the defendant may be subject to forfeiture under this
section, the officer shall seize the motor vehicle and have it impounded. If
the officer determines prior to seizure that the motor vehicle had been
reported stolen, the officer shall not seize the motor vehicle pursuant to this
section. If the officer determines prior to seizure that the motor vehicle was
a rental vehicle driven by a person not listed as an authorized driver on the
rental contract, the officer shall not seize the motor vehicle pursuant to this
section, but shall make a reasonable effort to notify the owner of the rental
vehicle that the vehicle was stopped and that the driver of the vehicle was not
listed as an authorized driver on the rental contract. Probable cause may be
based on the officer's personal knowledge, reliable information conveyed by
another officer, records of the Division, or other reliable source.sources.
The seizing officer shall notify the executive agency designated under
subsection (b1) of this section Division as soon as practical but no
later than 24 hours after seizure of the motor vehicle of the seizure in
accordance with procedures established by the executive agency designated under
subsection (b1) of this section.
(b1) Written Notification of
Impoundment. - Within 48 hours of receipt within regular business hours of the
notice of seizure, an executive agency designated by the Governor shall
issue written notification of impoundment to the Division, the Division
shall issue written notification of impoundment to any lienholder of record
and to any motor vehicle owner who was not operating the motor vehicle at the
time of the offense. A notice of seizure received outside regular business
hours shall be considered to have been received at the start of the next business
day. The notification of impoundment shall be sent by first-class mail to the
most recent address contained in the Division's records. If the motor vehicle
is registered in another state, notice shall be sent to the address shown on
the records of the state where the motor vehicle is registered. This written
notification shall provide notice that the motor vehicle has been seized, state
the reason for the seizure and the procedure for requesting release of the
motor vehicle. Additionally, if the motor vehicle was damaged while the
defendant operator was committing an offense involving impaired driving while
the operator was committing an offense resulting in seizure or incident to
the seizure, the agency Division shall issue written notification
of the seizure to the owner's insurance company of record and to any other
insurance companies that may be insuring other motor vehicles involved in the
accident. The Division shall prohibit title to a seized motor vehicle from
being transferred by a motor vehicle owner unless authorized by court order.
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(k) County Board of
Education Right to Appear and Participate in Proceedings. - The attorney for
the county board of education shall be given notice of all proceedings
regarding offenses involving impaired driving related to a motor vehicle
subject to forfeiture.forfeiture under this section. However, the
notice requirement under this subsection does not apply to proceedings
conducted under G.S. 20-28.3(e1). The attorney for the county board of
education shall also have the right to appear and to be heard on all issues
relating to the seizure, possession, release, forfeiture, sale, and other
matters related to the seized vehicle under this section. With the prior
consent of the county board of education, the district attorney may delegate to
the attorney for the county board of education any or all of the duties of the
district attorney under this section. Clerks of superior court, law enforcement
agencies, and all other agencies with information relevant to the seizure,
impoundment, release, or forfeiture of motor vehicles are authorized and
directed to provide county boards of education with access to that information
and to do so by electronic means when existing technology makes this type of
transmission possible.
(l) Payment
of Fees Upon Conviction. - If the driver of a motor vehicle seized pursuant to
this section is convicted of an offense involving impaired driving, of
the underlying offense leading to the seizure of a motor vehicle pursuant to
this section the defendant shall be ordered to pay as restitution to the
county board of education, the motor vehicle owner, or the lienholder the cost
paid or owing for the towing, storage, and sale of the motor vehicle to the
extent the costs were not covered by the proceeds from the forfeiture and sale
of the motor vehicle. If the underlying offense is for felony driving while
license revoked pursuant to G.S. 20-28(a3), and the conviction is based on
a plea agreement or a reduced charge to misdemeanor driving while license
revoked pursuant to G.S. 20-28(a), the defendant shall be ordered to pay
as restitution to the county board of education, the motor vehicle owner, or
the lienholder the cost paid or owing for the towing and storage of the motor
vehicle. In addition, a civil judgment for the costs under this section in
favor of the party to whom the restitution is owed shall be docketed by the
clerk of superior court. If the defendant is sentenced to an active term of
imprisonment, the civil judgment shall become effective and be docketed when
the defendant's conviction becomes final. If the defendant is placed on
probation, the civil judgment in the amount found by a judge during the
probation revocation or termination hearing to be due shall become effective
and be docketed by the clerk when the defendant's probation is revoked or
terminated.
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SECTION 3. This act becomes effective October 1, 2011, and applies to offenses committed on or after that date.