FORFEITURE FOR SPEEDING TO ELUDE REVISIONS.

View NCGA Bill Details2013-2014 Session
House Bill 656 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED AN ACT TO REVISE THE LAWS GOVERNING THE SEIZURE, FORFEITURE, AND SALE OF MOTOR VEHICLES USED BY DEFENDANTS IN FELONY CASES INVOLVING SPEEDING TO ELUDE ARREST.
Intro. by McNeill, Faircloth.

Status: Ch. SL 2013-243 (House Action) (Jul 3 2013)

Bill History:

H 656/S.L. 2013-243

Bill Summaries:

  • Summary date: Jul 8 2013 - More information

    AN ACT TO REVISE THE LAWS GOVERNING THE SEIZURE, FORFEITURE, AND SALE OF MOTOR VEHICLES USED BY DEFENDANTS IN FELONY CASES INVOLVING SPEEDING TO ELUDE ARREST. Enacted July 3, 2013. Effective December, 1, 2013, and applies to offenses committed on or after that date.


  • Summary date: Jun 17 2013 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Amends the definition section of GS 20-28.2, providing that the definitions of the included terms also apply to GS 20-54.1 and 20-141.5. Makes a technical change. Amends part of the definition for innocent owner, providing that an innocent owner is a motor vehicle owner who is (i) a rental car company as defined in GS 66-201(a), and the vehicle was driven by a person who is not listed as an authorized driver on the rental agreement, as defined in GS 66-201; or (ii) is an authorized driver and if the offense resulting in seizure was an impaired driving offense, the rental car company has no actual knowledge of the revocation of the renter's drivers' license at the time the rental agreement is entered, or if the offense resulting in seizure was a felony speeding to elude arrest offense, the rental agreement expressly prohibits use of the vehicle while committing a felony (previously, a motor vehicle owner who is in the business of renting vehicles, and the vehicle was driven by a person who is not listed as an authorized driver on the rental contract).

     


  • Summary date: May 1 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 20-28.2(e), providing that no motor vehicle subject to forfeiture under this section will be released to a nondefendant motor vehicle owner if the records of the Division indicate the motor vehicle owner had previously signed an impaired driving acknowledgment or a speeding to elude arrest acknowledgment, as required by this section, and the same person was operating the motor vehicle at the time of the current seizure (was, while the person's license was revoked), unless the innocent owner meets specified evidentiary standards.

    Amends GS 20-28.3(e), making a correction to a statute reference, replacing a reference to GS 20-28.3(c) with  GS 20-28.2(c).

    Amends GS 20-28.3(e2), making a clarifying change, substituting "subdivision" for "subsection" in three locations. Deletes GS 20-28.3(e2)(2)(c), which allowed the release of a vehicle as a result of executing a speeding to elude arrest acknowledgement, as described in GS 20-28.2(a1)(1a).


  • Summary date: Apr 10 2013 - More information

    Provides that GS 20-28.2 applies to forfeiture of a motor vehiclefor felony speeding to elude arrest. Clarifies that an acknowledgmentas defined in subsection (a1) of this section is an "impaired driving acknowledgement." Adds a definitionfor a speeding to elude arrest acknowledgment.Amends the definition for innocent ownerto distinguish between a motor vehicle seizure resulting from an impaired driving offense and one resulting from a felony speeding to elude arrest offense.

    Adds new subsection (b2) to provide that a judge may determine if the vehicle driven at the time of an offense becomes subject to an order of forfeiture at any of the following times: (1) a sentencing hearing for the underlying felony speeding to elude arrest offense, (2) a separate hearing after the defendant's conviction, and (3) a forfeiture hearing held at least 60 days after the defendant failed to appear at the trial for the underlying offense and the order of arrest for failure to appear has not been set aside. Provides that a vehicle becomes subject to an order of forfeiture if the greater weight of the evidence shows that the defendant is guilty of felony speeding to elude arrest under GS 20-141.5(b), regarding aggravating factors at the time of the violation, or subsection (b1), regarding a violation of subsection (a) of GS 20-141.5 as the proximate cause of the death of any person.

    Amends GS 20-28.3 to direct the seizing officer to notify the Division of Motor Vehicles (DMV) (was, notify the designated executive agency under subsection (b1) of this section) no more than 24 hours after the seizure of the motor vehicle. Requires theDMV to issue written notification of the seizure to any lienholder of record and to any motor vehicle owner who was not operating the motor vehicle at the time of the offense. Makes the DMV responsible for notifications previously designated as the responsibility of the executive agency as designated by the Governor under subsection (b1).

    Distinguishesprovisions for pretrial release of a motor vehicle to a defendant owner if the seizure was for an impaired driving offense or for a felony speeding to elude arrest offense. Provides that if the underlying offense resulting in the seizure is felonyspeeding to elude arrest under GS 20-141.5(b) or (b1)and the defendant's conviction is for misdemeanor speeding to elude arrest under GS 20-141.5(a), regardless as to whether thereduced charge is due to a plea agreement, the defendantwill be ordered to pay restitution to the county board of education, the motor vehicle owner, or the lienholder the cost paid or owingfor the towing and storage of the motor vehicle.

    Amends GS 20-28.8 to require the clerk of superior court to make an electronic reportto the DMV ofthe execution of an impaired driving acknowledgment or a speeding to elude arrest acknowledgment. Amends GS 20-54.1 to add subsection (a1) requiring that the DMV revoke the registration of all motor vehicles registered in the name of a person convicted of felony speeding to elude arrest under GS 20-141.5(b) or (b1) and prohibitsregisteringa motor vehicle in the convicted person's name until that person's license is restored. Requires a convicted person to surrender the registration on all motor vehicles registered in that person's name within 10 days of receiving notice of the revocation of registration from the DMV.

    Repeals subsections(g) through (j) of GS 20-141-5 (Speeding to elude arrest; seizure and sale of vehicles.)

    Makes conformingchanges to reflect the inclusion offelony speeding to elude arrest as an offense for which there may be a forfeiture of a motor vehicle to GS 20-28.2, 20-28.3, and 20-28.4(a). Makes a conforming change, adding a new subsection toGS 20-141.5. Makesclarifying and technical changes.

    Effective December 1, 2013, and applies to offenses committed on or after that date.


  • Summary date: Apr 9 2013 - More information

    To be summarized at a later date.


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