Bill Summary for H 40 (2021-2022)

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Summary date: 

Feb 1 2021

Bill Information:

View NCGA Bill Details2021
House Bill 40 (Public) Filed Monday, February 1, 2021
AN ACT TO CREATE THE OFFENSE OF FELONY DEATH BY VEHICLE FOR REVOKED IMPAIRED DRIVING AND TO REVOKE THE REGISTRATION OF ALL MOTOR VEHICLES REGISTERED TO A PERSON CONVICTED OF FELONY DEATH BY VEHICLE FOR REVOKED IMPAIRED DRIVING.
Intro. by Clampitt.

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Bill summary

Enacts new GS 20-141.4 (a7) creating the offence of revoked driving felony death by vehicle, punishable as a Class F felony, when (1) a person unintentionally causes the death of another person; (2) the person was violating State law or local ordinance applying to the operation or use of a motor vehicle or to the regulation of traffic (other than impaired driving); (3) the commission of the offense is the proximate cause of death; and (4) at the time of the commission of the offense, the person's driver's license was revoked for an impaired driving license revocation. Requires a person convicted of this offense to be sentenced to a minimum active term of no less than 12 months of imprisonment, which must not be suspended.

Amends GS 20-54.1 to require the revocation of the registration of all motor vehicles registered in the name of a person convicted of revoked driving felony death by vehicle until the convicted person's license is restored. Registration must be surrendered within 10 days of notice from the Division of Motor Vehicles. Includes convictions of revoked driving felony death by vehicle within the statute's vehicle seizure provisions.

Amends GS 20-19 to make a license revocation under new GS 20-141.4(a7) a permanent revocation.

Applies to offenses committed on or after December 1, 2021.