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.
OBTAIN BLOOD SAMPLE/IMPLIED-CONSENT LAWS. (NEW)
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TO REQUIRE THAT LAW ENFORCEMENT PERFORM A BLOOD TEST ON ANY PERSON CRIMINALLY CHARGED IN ANY CASE INVOLVING DEATH BY VEHICLE.Intro. by Berger of Franklin, East.
Status: Ch. SL 2011-119 (Senate Action) (Jun 13 2011)
Bill History:
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Mon, 31 Jan 2011 Senate: Filed
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Tue, 1 Feb 2011 Senate: Passed 1st Reading
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Tue, 1 Feb 2011 Senate: Ref To Com On Judiciary II
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Mon, 21 Mar 2011 Senate: Reptd Fav Com Substitute
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Mon, 21 Mar 2011 Senate: Com Substitute Adopted
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Tue, 22 Mar 2011 Senate: Passed 2nd & 3rd Reading
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Thu, 24 Mar 2011 House: Passed 1st Reading
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Thu, 24 Mar 2011 House: Ref To Com On Judiciary Subcommittee B
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Wed, 1 Jun 2011 House: Reptd Fav Com Substitute
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Wed, 1 Jun 2011 House: Cal Pursuant Rule 36(b)
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Wed, 1 Jun 2011 House: Placed On Cal For 6/2/2011
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Thu, 2 Jun 2011 House: Passed 2nd & 3rd Reading
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Mon, 6 Jun 2011 Senate: Rec To Concur H Com Sub
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Mon, 6 Jun 2011 Senate: Placed On Cal For 6/7/2011
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Tue, 7 Jun 2011 Senate: Concurred In H/com Sub
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Wed, 8 Jun 2011 Ratified
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Thu, 9 Jun 2011 Pres. To Gov. 6/9/2011
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Mon, 13 Jun 2011 Signed By Gov. 6/13/2011
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Mon, 13 Jun 2011 Ch. SL 2011-119
S 16/S.L. 2011-119
Bill Summaries:
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Summary date: Jun 13 2011 - View Summary
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Bill S 16 (2011-2012)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.
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Bill S 16 (2011-2012)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.
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Bill S 16 (2011-2012)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.
View: All Summaries for Bill