Bill Summary for H 471 (2017-2018)

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Summary date: 

Mar 23 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 471 (Public) Filed Thursday, March 23, 2017
AN ACT TO CLARIFY THE FELONIOUS POSSESSION OF ELECTRONIC SWEEPSTAKES MACHINES OR DEVICES.
Intro. by Millis, Destin Hall, Cleveland, Burr.

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Bill summary

Amends GS 20-35 to make failure to obtain a license before driving a motor vehicle in violation of GS 20-7(a) a Class 3 misdemeanor, with a fine of $400 for second or subsequent offenses, and forfeiture of the vehicle driven by the offender for a third or subsequent offense, in addition to any other penalties authorized by law. Does not apply to persons driving with a revoked or suspended license. Makes a conforming change.

Amends GS 20-28.2 to expand the definition ofinnocentowner (to include persons who did not know that an offending driver did not have a license, or did not permit the offending driver to drive the vehicle and filed a police report), and to defineno drivers license acknowledgement (written document regarding the offender's record, the vehicle's future potential for impoundment and forfeiture, and that lack of knowledge or consent is not a future defense without all reasonable precautions to prevent use of the vehicle by the offender). Authorizes a judge to determine whether a vehicle driven by a person without a license is subject to an order of forfeiture at the sentencing hearing, a separate hearing after conviction, or at a forfeiture hearing at least 60 days after a defendant's failure to appear at a scheduled trial, with forfeiture resulting from the greater weight of the evidence showing that the Defendant is guilty of violating GS 20-7(a), and has two or more prior convictions of the same offense. Authorizes release of a vehicle impounded for violations of GS 20-7(a) to an innocent owner upon payment of towing and storage charges, and the execution of a no drivers license acknowledgment. Makes conforming changes.

Amends GS 20-28.3 to provide for pretrial release of a motor vehicle to a defendant upon determination at a hearing, scheduled as specified, that a defendant does not have at least two prior convictions of failure to obtain a license before operating a motor vehicle, or upon consent by the district attorney to the release of the vehicle. Requires payment of all towing charges. Makes conforming changes.

Amends GS 20-28.8 to require the clerk of superior court to report no driver's license acknowledgements to the Division of Motor Vehicles (DMV).

Amends GS 20-54.1 to direct the DMV to revoke the registration of all motor vehicles registered to a person convicted of violation of GS 20-7(a) and punished as described above. Requires the convicted person to surrender any revoked registrations to the Division within 10 days of receiving notice of revocation. Makes conforming changes.

Effective December 1, 2017, and applies to offenses committed on or after that date.