Bill Summary for H 338 (2015-2016)

Summary date: 

Mar 24 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 338 (Public) Filed Tuesday, March 24, 2015
AN ACT TO INCREASE THE PUNISHMENT FOR CERTAIN OFFENSES OF FAILING TO OBTAIN A DRIVERS LICENSE BEFORE DRIVING A MOTOR VEHICLE.
Intro. by Millis.

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Bill summary

Enacts new GS 20-35(a3) concerning penalties for failing to obtain a license, providing that a second or subsequent offense under GS 20-7(a) for failing to obtain a license before driving a motor vehicle  will be a Class 2 misdemeanor if at the time of each offense the person was ineligible for a driver's license because he or she did not meet the requirements in GS 20-7. Provides for a $400 fine for violations of this subsection. Further provides that a conviction for a third or subsequent offense of the above can result in an active sentence of not less than 20 days and not more than 60 days and the vehicle driven at the time of the offense will be subject to forfeiture. Provides that the above provisions do not apply to someone that fails to obtain a license before driving a vehicle but is eligible to receive a driver's license at the time of the offense or to a person who is driving on a revoked or suspended license.

Enacts new GS 20-28.10, Seizure, impoundment, forfeiture of motor vehicles for certain offenses of failing to obtain a license before driving a motor vehicle, providing that if a person is convicted of a third or subsequent offense of GS 20-35(a3), the vehicle being driven at the time of the offense will become subject to seizure, impoundment, and forfeiture. Provides legal authority and procedures governing the seizure, impoundment, and forfeiture, including GS 20-28.2 through GS 20-28.9 and GS 20-54.1. Provides a definition for an innocent owner, which is a person who did not know and had no reason to know that the defendant was engaging in a violation of GS 20-35(a3). 

Effective December 1, 2015, applying to offenses committed on or after that date. 

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