TO MAKE THE USE OF A MOBILE PHONE WHEN INVOLVED IN A REPORTABLE CRASH RESULTING IN DEATH OR SERIOUS INJURY AN AGGRAVATING FACTOR IN SENTENCING FOR THE UNDERLYING OFFENSE COMMITTED WHICH RESULTED IN THE REPORTABLE CRASH.
Enacts new GS 20-137.4B to make the use of a mobile phone or additional technology device, as those terms are defined in GS 20-137.3, while committing a violation of GS Chapter 20 or any other law that results in a reportable crash resulting in death or injury, an aggravating factor in sentencing. If the aggravating factor is established, the punishment for the underlying offense must be set at the next highest level misdemeanor. If the underlying violation is a Class A1 misdemeanor or felony, the punishment must be set at the next highest level above the level at which the underlying offense would have been punished based on prior convictions. A person sentenced pursuant to the statute is ineligible for a prayer for judgment continued or a remission of court costs and fines. Effective December 1, 2011, and applicable to offenses committed on or after that date.
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