Bill Summary for H 451 (2011-2012)

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Bill: DWLR PENALTIES INCREASED/ VEHICLE SEIZURES.

Summary date: 

Mar 23 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

Amends GS 20-28 by making a person who drives while the person's license is revoked and has two or more prior convictions for driving with a revoked license guilty of a Class I felony. Fines a person convicted of driving while the person's license or driving privileges are revoked not less than (1) $250 for the first offense, (2) $1,000 for the second offense, and (3) $2,500 for the third and subsequent offenses. Provides that if a person is convicted for a fourth violation of driving while the person's license is revoked, the motor vehicle driven by the defendant when the defendant committed the offense is subject to forfeiture under the procedure set out in GS 20-28.3. Provides that an owner or a holder of a security interest in the motor vehicle is considered an innocent party with respect to a motor vehicle subject to forfeiture if the defendant drove the motor vehicle without the permission of the owner or the holder of the security interest. Requires a minimum active term of not less than six months for a person convicted of felony driving while license is revoked. Permits the judge to suspend the required active sentence and to place the defendant on supervised probation with a special condition of house arrest with electronic monitoring in accordance with GS 15A-1343 for not less than 90 days.
Makes conforming changes to GS 20-28.3. Provides that the seizing officer is to notify the Division of Motor Vehicles (DMV) no later than 24 hours after the seizure of the motor vehicle. Requires the DMV to issue within 48 hours of receiving the notice of seizure written notice of the impoundment of the vehicle to any lienholder of record and to any motor vehicle owner who was not operating the vehicle at the time of the offense. Also requires the DMV to provide written notification of the seizure to the owner's insurance company of record. Provides that the attorney for the county board of education is to be given notice of all proceedings regarding offenses related to a motor vehicle subject to forfeiture under this section. Provides for the payment of fees upon conviction and sets the guidelines for when the defendant must pay restitution and to whom it must be paid.
Effective October 1, 2011, and applies to offensives committed on or after that date.