AN ACT TO CLARIFY THAT THE PROVISIONS REGARDING DEFERRED PROSECUTION AND CONDITIONAL DISCHARGE FOR CONVICTIONS OF H AND I FELONIES AND MISDEMEANORS UNDER STRUCTURED SENTENCING DO NOT APPLY TO CONVICTIONS OF IMPAIRED DRIVING, TO CLARIFY THAT OFFENSES INVOLVING IMPAIRED DRIVING CANNOT BE EXPUNGED, AND TO MODIFY THE LAW CONCERNING WHEN A NEW SENTENCING HEARING MUST BE HELD IN DISTRICT COURT ON AN IMPLIED CONSENT CONVICTION FOR WHICH THE APPEAL TO SUPERIOR COURT HAS BEEN WITHDRAWN.
House committee substitute makes the following changes to the 1st edition.
Adds a new subsection (a1) to GS 15A-145 to provide that this section should not be interpreted as permitting any individual to expunge his or her record of any offense involving impaired driving as defined in GS 20-4.01(24a). Amends GS 15A-145.4(a) to add any felony offense involving impaired driving as defined in GS 20-4.01(24a) to those felonies that are specified as being excluded from identification as a "nonviolent felony." Amends GS 15A-145.5(a) to add an offense involving impaired driving as defined in GS 20-4.01(24a) as a misdemeanor or felony that was excluded from identification as a "nonviolent misdemeanor" or "nonviolent felony." Effective July 1, 2015, and applies to petitions filed and petitions pending on or after that date.
Makes technical changes renumbering provisions as necessary.
Amends the long title and the short title to better reflect the bill content as amended in this act.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.