Bill Summary for H 49 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
TO INCREASE THE PUNISHMENT FOR DWI OFFENDERS WITH THREE OR MORE GROSSLY AGGRAVATING FACTORS, TO AUTHORIZE THE COURT TO REQUIRE CONTINUOUS ALCOHOL MONITORING FOR CERTAIN OFFENDERS, AND TO INCREASE THE COURT COSTS FOR DWI OFFENDERS.Intro. by T. Moore, Hastings, Torbett, H. Warren.
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House committee substitute makes the following changes to 1st edition.
Amends proposed subsection (g) in GS 20-179 to provide that a defendant subject to the new Aggravated Level One punishment will be sentenced to an imprisonment term of no less than 12 months (was, 120 days) and not more than 36 months. While the defendant imprisoned under Aggravated Level One punishment remains ineligible for parole, the defendant will be released four months before the maximum prison term into the supervision of the Division of Community Corrections and must abstain from alcohol consumption during the four months, as verified by a continuous alcohol monitoring system. Specifies that violation of the requirement to abstain or comply with the monitoring system is deemed a controlling condition under GS 15A-1368.4 and may result in revocation of post-release supervision. Adds a second requirement when the defendant is placed on probation directing the defendant to abstain from alcohol consumption for a minimum of 120 days through the term of probation, as verified by a continuous alcohol monitoring system (retains requirement to obtain a substance abuse assessment and any required education or treatment). Removes Aggravated Level One punishments that were previously added to subsection (h1), to limit the alcohol abstention condition in the subsection (30 days through the term of probation) to defendants under Level One or Level Two punishments.
Adds a new section, enacting GS 15A-534(i), to require any defendant charged with an impaired driving offense, as defined, and possessing a prior conviction for impaired driving within the previous seven years, to abstain from alcohol consumption as verified by a continuous alcohol monitoring system for the pretrial release period or until the condition is removed by the court.