House committee substitute makes the following changes to the 3rd edition.
Changes the reference in GS 20-141.4(a7) to the offense of improper equipment from GS 20-141(o)(1) to GS 20-123.2.
Removes an exception for impaired driving offenses from the prior criminal history that constitutes an element of the crime of aggravated misdemeanor death by vehicle.
Makes organizational, technical, and conforming changes.
INCREASE PUNISHMENT/MISD. DEATH BY VEHICLE.
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View NCGA Bill Details(link is external) | 2015-2016 Session |
AN ACT TO INCREASE THE PUNISHMENT FOR CERTAIN OFFENSES OF MISDEMEANOR DEATH BY VEHICLE.Intro. by Bingham.
Bill History:
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Tue, 24 Mar 2015 Senate: Filed(link is external)
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Wed, 25 Mar 2015 Senate: Passed 1st Reading(link is external)
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Thu, 26 Mar 2015 Senate: Withdrawn From Com(link is external)
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Thu, 26 Mar 2015 Senate: Re-ref Com On Judiciary II(link is external)
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Tue, 28 Apr 2015 Senate: Reptd Fav Com Substitute(link is external)
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Tue, 28 Apr 2015 Senate: Com Substitute Adopted(link is external)
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Wed, 29 Apr 2015 Senate: Amend Adopted A1(link is external)
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Wed, 29 Apr 2015 Senate: Passed 2nd Reading(link is external)
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Wed, 29 Apr 2015 Senate: Passed 3rd Reading(link is external)
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Wed, 29 Apr 2015 Engrossed(link is external)
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Thu, 30 Apr 2015 Senate: Regular Message Sent To House(link is external)
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Thu, 30 Apr 2015 House: Regular Message Received From Senate(link is external)
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Thu, 30 Apr 2015 House: Passed 1st Reading(link is external)
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Thu, 16 Jul 2015 House: Withdrawn From Com(link is external)
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Thu, 16 Jul 2015 House: Re-ref Com On Judiciary III(link is external)
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Wed, 26 Aug 2015 House: Reptd Fav Com Substitute(link is external)
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Wed, 26 Aug 2015 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 26 Aug 2015 House: Placed On Cal For 08/27/2015(link is external)
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Thu, 27 Aug 2015 House: Withdrawn From Cal(link is external)
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Thu, 27 Aug 2015 House: Cal Pursuant Rule 36(b)(link is external)
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Mon, 31 Aug 2015 House: Placed On Cal For 09/01/2015(link is external)
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Tue, 1 Sep 2015 House: Passed 2nd Reading(link is external)
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Wed, 2 Sep 2015 House: Passed 3rd Reading(link is external)
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Wed, 2 Sep 2015 House: Regular Message Sent To Senate(link is external)
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Thu, 3 Sep 2015 Senate: Placed On Cal For 09/08/2015(link is external)
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Tue, 8 Sep 2015 Senate: Failed Concur In H Com Sub(link is external)
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Tue, 8 Sep 2015 Senate: Conf Com Appointed(link is external)
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Wed, 9 Sep 2015 House: Conf Com Appointed(link is external)
Bill Summaries:
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Bill S 378 (2015-2016)Summary date: Aug 26 2015 - View Summary
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Bill S 378 (2015-2016)Summary date: Apr 29 2015 - View Summary
Senate amendment makes the following change to the 2nd edition.
Amends GS 20-141.4(a4)(4) to provide that three or more prior convictions for violating any state law or local law applying to the operation or use of a vehicle or to the regulation of traffic within five years (was, seven years) of unintentionally causing the death by vehicle of another person, is an element of the offense of Aggravated Misdemeanor Death by Vehicle.
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Bill S 378 (2015-2016)Summary date: Apr 28 2015 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Amends proposed GS 20-141.4(a4), concerning felony and misdemeanor death by vehicle, providing that, in addition to violations of GS 20-138.1 or GS 20-138.2, violations of GS 20-141(o)(1), improper equipment; GS 20-311, financial responsibility requirement; GS 20-111, a registration requirement; and GS 20-7, no operator's license, do not count as violations for the purposes of triggering the aggravated misdemeanor death by vehicle provisions of this section. Makes technical changes.
Adds language to subsection (b)(6) concerning punishments and penalties for aggravated misdemeanor death by vehicle, providing that a court can impose an active or suspended sentence of up to 365 days regardless of the defendant's prior conviction level, as specified.
Amends GS 20-141.4(a2)(2) and 20-16.2(a1), making conforming changes.
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Bill S 378 (2015-2016)Summary date: Mar 24 2015 - View Summary
Amends GS 20-141.4, concerning felony and misdemeanor death by vehicle, establishing a new offense, Aggravated Misdemeanor Death by Vehicle, providing that a person commits this offense when (1) the person unintentionally causes the death of another person; (2) the person was engaging in the violation of any state law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic other than impaired driving; (3) the commission of the offense in (2) is the proximate cause of death; and (4) the person has three or more previous convictions for a violation of any state law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving, within seven years of the date of the offense. Makes conforming changes. Establishes that aggravated misdemeanor death by vehicle is a Class A1 misdemeanor, providing that a person convicted of this offense can be sentenced to an active sentence of not more than one year. Nothing in these provisions prevents a greater sentence from being imposed if the conduct is prohibited by another provision of law that provides greater punishment. Makes conforming changes.
Effective December 1, 2015, applying to offenses committed on or after that date.