Bill Summary for H 1002 (2019-2020)

Summary date: 

May 6 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 1002 (Public) Filed Thursday, April 25, 2019
AN ACT TO EXPAND THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS IN PUNISHMENTS IMPOSED FOR CERTAIN IMPAIRED DRIVING CONVICTIONS AND TO PROVIDE FOR THE PAYMENT OF AN ADMINISTRATIVE FEE AND COSTS ASSOCIATED WITH A CONTINUOUS ALCOHOL MONITORING SYSTEM AND TO CREATE A CONTINUOUS ALCOHOL MONITORING SYSTEM FUND TO ASSIST INDIGENT DEFENDANTS.
Intro. by Rogers.

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Bill summary

House amendment #1 makes the following changes to the 2nd edition.

Enacts new GS 20-179.5 (Continuous alcohol monitoring; administrative fee and costs for monitoring; Continuous Alcohol Monitoring Fund), as provided in the 1st edition and removed in the 2nd edition. Provides that costs incurred to comply with continuous alcohol monitoring requirements imposed by a court are to be paid by the monitored person. Specifies an administrative fee of between $20 and $30 to be paid at the time of receipt of the monitoring equipment. Requires the vendor of a monitoring system to remit fees under this statute to the Division of Adult Correction and Juvenile Justice on a quarterly basis. Directs the Division of Adult Correction and Juvenile Justice to use half of the fees to pay costs incurred in ensuring compliance with court-imposed monitoring requirements, and to place the other half in the Continuous Alcohol Monitoring Fund. Creates the Continuous Alcohol Monitoring Fund, to be used to provide access to monitoring as a sentence option for indigent persons, subject to a court order that the Division of Adult Correction and Juvenile Justice should pay the cost of continuous alcohol monitoring for such a person. Makes conforming changes to GS 20-179(k4), as provided in the 1st edition and removed in the 2nd edition, authorizing a court to order the Division of Adult Correction and Juvenile Justice to pay the costs of a continuous alcohol monitoring system when the court finds that a defendant should not be required to pay the costs of the system. Makes conforming changes to the act's long title.

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