INCREASE PUNISHMENT/MISD. DEATH BY VEHICLE.

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View NCGA Bill Details2015-2016 Session
Senate Bill 378 (Public) Filed Tuesday, March 24, 2015
AN ACT TO INCREASE THE PUNISHMENT FOR CERTAIN OFFENSES OF MISDEMEANOR DEATH BY VEHICLE.
Intro. by Bingham.
Status: Conf Com Appointed (House Action) (Sep 9 2015)

Bill History:

S 378

Bill Summaries:

  • Bill S 378 (2015-2016)
    Summary date: Aug 26 2015 - View Summary

    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. 

    Courts/Judiciary, Motor Vehicle
    GS 20
  • 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.

    Courts/Judiciary, Motor Vehicle
    GS 20
  • 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. 

    Courts/Judiciary, Motor Vehicle
    GS 20
  • 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. 

    Courts/Judiciary, Motor Vehicle
    GS 20
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