Bill Summary for H 864 (2019-2020)

Summary date: 

Jun 26 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 864 (Public) Filed Tuesday, April 16, 2019
AN ACT TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO ESTABLISH AND CONDUCT DRIVER RETRAINING COURSES FOR PERSONS WHO HAVE HAD THEIR DRIVERS LICENSE SUSPENDED PURSUANT TO CERTAIN LAWS.
Intro. by Shepard, Torbett, Stevens.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Modifies and adds to the proposed changes to GS 20-16 (Authority of Division to suspend license) as follows. 

Amends subsection (a) to now provide that a licensee retains his or her license when the Division of Motor Vehicles (DMV) suspends the license without a preliminary hearing and the licensee requests a hearing before the effective date of the suspension (previously, applied to revocations). Provides for the licensee to retain the license unless the license is revoked or suspended (was, revoked) under another law, until the hearing is held, the person withdraws his or her request for a hearing, or he or she fails to appear at the scheduled hearing.

Makes organizational and clarifying changes to the proposed changes to subsections (c) and (d). Amends subsection (c) to limit the authority of the DMV to substitute a probation period of up to one year for suspension or for any unexpired period of suspension under subdivisions (a)(6) through (a)(8b) (was, (a)(1) through (a)(10a); subdivisions (a)(6) through (a)(8b) concern fraudulent use of the license, commission of offenses in other states warranting suspension or revocation, conviction of illegal transportation of alcohol, conviction of impaired instruction, and conviction of military installations constituting impaired driving with related driving privileges suspended or revoked). Prohibits the DMV from substituting a period of probation for suspension or for any unexpired period of suspension if the license was suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a) (previously, qualified the prohibition to such substitution before the licensee completes the driver retraining course established in accordance with subsection (d1) of the statute). Makes conforming changes. Further amends subsection (d) to require the DMV to either rescind or extend the suspension of a license suspended pursuant to subdivisions (a)(6) though (a)(8b) upon the hearing (previously, not restricted to specific suspensions). 

Modifies proposed subsection (d1). Now limits the scope of the driver training course required to be established by the DMV to benefit licensees who have had their licenses suspended pursuant to subdivisions (5), (9), (10), or (10a) of subsection (a) (previously, also included those placed under probation under those provisions). Regarding the waiver of course fees, now requires the driver to provide satisfactory documentation establishing that the driver receive public assistance or has a judicial determination of indigence made within two years of the date of the course (was, more generally a prior judicial determination of indigence).

Changes the effective date of the act from July 1, 2019, to January 1, 2020.

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