Senate committee substitute makes the following changes to 2nd edition.
Amends proposed subsection (f) in GS 20-28 to clarify that the vehicle is subject to seizure if the person is convicted of a third or subsequent violation for driving while license revoked occurring within a ten year period. Makes conforming changes throughout, and to the bill title. Applies to offenses committed on or after December 1, 2012 (was, December 1, 2011).
Summary date: Jun 7 2012 - View summary
Summary date: Apr 28 2011 - View summary
House committee substitute makes the following changes to 1st edition. Eliminates felony and mandatory confinement provisions and provides instead for Class I misdemeanor for first or second offense and Class A1 misdemeanor for third or subsequent offense of driving while license revoked. Clarifies that a motor vehicle is subject to forfeiture if a person is convicted of a third (rather than fourth) subsequent violation, as detailed. Adds amendments to GS 20-28.2 to provide for forfeiture of vehicle for driving while license revoked after two previous convictions for the same offense. Amends GS 20-28.3 to provide for seizure of vehicle driven by a person charged with driving while license revoked after two previous convictions, with conforming amendment to subsection (e2) to provide that a petition for pretrial determination applies only when seizure was for impaired driving. Makes conforming and clarifying amendments to GS 20-28.4, 20 28.8 and 20-28.9. Enacts new subsection (a1) to GS 20-54.1, requiring the Division of Motor Vehicles to revoke registration for motor vehicles, upon notice of a third or subsequent conviction of driving with a revoked license. Changes effective date from October 1, 2011 to December 1, 2011.
Summary date: Mar 23 2011 - View summary
Amends GS 20-28 by making a person who drives while the person's license is revoked and has two or more prior convictions for driving with a revoked license guilty of a Class I felony. Fines a person convicted of driving while the person's license or driving privileges are revoked not less than (1) $250 for the first offense, (2) $1,000 for the second offense, and (3) $2,500 for the third and subsequent offenses. Provides that if a person is convicted for a fourth violation of driving while the person's license is revoked, the motor vehicle driven by the defendant when the defendant committed the offense is subject to forfeiture under the procedure set out in GS 20-28.3. Provides that an owner or a holder of a security interest in the motor vehicle is considered an innocent party with respect to a motor vehicle subject to forfeiture if the defendant drove the motor vehicle without the permission of the owner or the holder of the security interest. Requires a minimum active term of not less than six months for a person convicted of felony driving while license is revoked. Permits the judge to suspend the required active sentence and to place the defendant on supervised probation with a special condition of house arrest with electronic monitoring in accordance with GS 15A-1343 for not less than 90 days.
Makes conforming changes to GS 20-28.3. Provides that the seizing officer is to notify the Division of Motor Vehicles (DMV) no later than 24 hours after the seizure of the motor vehicle. Requires the DMV to issue within 48 hours of receiving the notice of seizure written notice of the impoundment of the vehicle to any lienholder of record and to any motor vehicle owner who was not operating the vehicle at the time of the offense. Also requires the DMV to provide written notification of the seizure to the owner's insurance company of record. Provides that the attorney for the county board of education is to be given notice of all proceedings regarding offenses related to a motor vehicle subject to forfeiture under this section. Provides for the payment of fees upon conviction and sets the guidelines for when the defendant must pay restitution and to whom it must be paid.
Effective October 1, 2011, and applies to offensives committed on or after that date.