AN ACT TO REQUIRE THAT LAW ENFORCEMENT REQUEST A BLOOD SAMPLE UNDER THE STATE IMPLIED-CONSENT LAWS FROM ANY PERSON CRIMINALLY CHARGED IN ANY CASE INVOLVING DEATH BY VEHICLE AND CERTAIN OTHER OFFENSES AND TO SEEK A WARRANT IF THE DRIVER REFUSES AND THERE IS PROBABLE CAUSE TO BELIEVE THE OFFENSE INVOLVED IMPAIRED DRIVING OR IS ALCOHOL-RELATED. Summarized in Daily Bulletin 1/31/11, 3/21/11, and 6/2/11. Enacted June 13, 2011. Effective December 1, 2011.
Summary date: Jun 13 2011 - View summary
Summary date: Jun 2 2011 - View summary
House committee substitute makes the following changes to 2nd edition. Rewrites GS 20-16.2(a1) to clarify that an implied-consent offense is an offense involving impaired driving, a violation of GS 20-141.4(a2), or an alcohol-related offense made subject to the procedures of the statute.
Summary date: Mar 21 2011 - View summary
Senate committee substitute makes the following changes to 1st edition.
Deletes provisions of previous edition and instead amends GS 20-139.1(b5), to require a law enforcement officer to request that a person charged with a violation of GS 20-141.4 (felony and misdemeanor death by vehicle; felony serious injury by vehicle; and related offenses) provide a blood sample in addition to or in lieu of a chemical analysis of the breath. Provides that if a breath sample reads .08 or more, the officer is to use discretion in requesting a blood sample. Further adds that if the person so charged willfully refuses to provide the blood sample, then a law enforcement officer with probable cause to believe that the offense involved impaired driving or was alcohol-related must seek a warrant to obtain a blood sample. States that the failure to obtain a blood sample is not grounds for the dismissal of a charge and is not assignable as error on appeal. Amends GS 20-16.2(a1), adding that an implied-consent offense also includes a violation of GS 20-141.4(a2) (misdemeanor death by vehicle). Makes conforming changes to the bill title to reflect new content. Applies to offenses committed on or after December 1, 2011.
Summary date: Jan 31 2011 - View summary
Adds new subsection (d) to GS 20-141.4 to require a chemical analysis as the title indicates. Provides that a violation of proposed subsection (d) is not grounds for dismissal and is not assignable as error on appeal. Applies to offenses committed on or after October 1, 2011.