Bill Summary for H 529 (2015-2016)

Printer-friendly: Click to view

Summary date: 

Apr 6 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 529 (Public) Filed Wednesday, April 1, 2015
AN ACT TO REPEAL THE PUNISHMENT OF REVOKING A PERSON'S DRIVERS LICENSE FOR COMMITTING CERTAIN DRIVING WHILE LICENSE REVOKED OFFENSES; TO MAKE DRIVING WHILE LICENSE REVOKED A NONMOVING VIOLATION FOR CERTAIN PURPOSES; AND TO MAKE OTHER CONFORMING CHANGES.
Intro. by Baskerville, Bryan.

View: All Summaries for BillTracking:

Bill summary

Declares that this act is to be known as the North Carolina's Drivers License Restoration Act.

Makes organizational and substantive changes to GS 20-28, Unlawful to drive while license revoked, after modification, or while disqualified. Amends subsection (a),driving while license revoked, to declare that except as provided in subsections (a1) or (a2) (was, subsection a1), anyone with a revoked license who drives any motor vehicle on the state's highways is guilty of a Class 3 misdemeanor. Removes from subsection (a) the provisionmaking the offense of driving with a revoked license a Class 1 misdemeanor if the person's license was originally revoked for driving while impaired. Enacts a new subsection (a1) of GS 20-28 with the offense ofaggravated driving while license revoked. Recodifies current subsection (a1), driving without reclaiming license, as subsection (a2); and recodifies current subsection (a2), driving after notification or failure to appear, as subsection (a3). Provides in new subsection (a1), that a person convicted under GS 20-28(a) is guilty of a Class 1 misdemeanor if the original revocation of the person's driver's license was for any of the following: (1) an impaired driving license revocation as defined in GS 20-28.2, except as provided in subsection (a2) of GS 20-28; (2) accumulation of driver's license points in violation of GS 20-16(a)(5); (3) a violation of any restriction of GS 20-179.3; (4) a violation of any restriction of GS 20-179.3; or (5) a violation of a limited driving privilege issued under GS 20-20.1. Also provides that a person whose driver's license was revoked and subsequently restored who operates a motor vehicle on the highways of the state without maintaining legally required financial responsibility is to be punished the same as driving without a license and punished under the provisions of GS 20-28(a1). Amends GS 20-28(c1) to provide that for the purposes of this subsection, a violation of subsection (a) of GS 20-28 is not considered to be a moving violation.

Amends GS 20-28.1(a) to provide that for the purposes of this subsection the following violations are not to be considered a "motor vehicle moving offense": (1) a violation of GS 20-28(a), (2) a violation of GS 20-28(a2), and (3) a violation of GS 20-7 for driving a motor vehicle without a regular driver's license.

Makes conforming changes to provisions of the following statutes to reflect the relabeling of the subsections and the content change to GS 20-28, subsection (a1): GS 20-28.1, GS 20-20.1, GS 20-17.8(f), GS 20-179.3(j), and GS 20-179(c).

Effective December 1, 2015, and applies to convictions on or after that date.