Bill Summary for H 451 (2011-2012)

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Summary date: 

Apr 28 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 451 (Public) Filed Wednesday, March 23, 2011
TO INCREASE THE PENALTIES FOR DRIVING WHILE LICENSE REVOKED BY SETTING MINIMUM FINES FOR THE INITIAL AND SUBSEQUENT CONVICTIONS, BY REQUIRING THE VEHICLES BEING OPERATED BY A DRIVER WHOSE LICENSE OR DRIVING PRIVILEGES ARE REVOKED AFTER TWO PRIOR CONVICTIONS FOR DRIVING WHILE LICENSE REVOKED TO BE SEIZED AND FORFEITED TO THE STATE, AND TO REQUIRE A MINIMUM TERM OF IMPRISONMENT OR IN THE ALTERNATIVE HOUSE ARREST FOR A THIRD OR SUBSEQUENT CONVICTION.
Intro. by Starnes.

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Bill summary

House committee substitute makes the following changes to 1st edition. Eliminates felony and mandatory confinement provisions and provides instead for Class I misdemeanor for first or second offense and Class A1 misdemeanor for third or subsequent offense of driving while license revoked. Clarifies that a motor vehicle is subject to forfeiture if a person is convicted of a third (rather than fourth) subsequent violation, as detailed. Adds amendments to GS 20-28.2 to provide for forfeiture of vehicle for driving while license revoked after two previous convictions for the same offense. Amends GS 20-28.3 to provide for seizure of vehicle driven by a person charged with driving while license revoked after two previous convictions, with conforming amendment to subsection (e2) to provide that a petition for pretrial determination applies only when seizure was for impaired driving. Makes conforming and clarifying amendments to GS 20-28.4, 20 28.8 and 20-28.9. Enacts new subsection (a1) to GS 20-54.1, requiring the Division of Motor Vehicles to revoke registration for motor vehicles, upon notice of a third or subsequent conviction of driving with a revoked license. Changes effective date from October 1, 2011 to December 1, 2011.