Bill Summary for S 16 (2011-2012)

Summary date: 

Mar 21 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 16 (Public) Filed Monday, January 31, 2011
TO REQUIRE THAT LAW ENFORCEMENT PERFORM A BLOOD TEST ON ANY PERSON CRIMINALLY CHARGED IN ANY CASE INVOLVING DEATH BY VEHICLE.
Intro. by Berger of Franklin, East.

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Bill summary

Senate committee substitute makes the following changes to 1st edition.
Deletes provisions of previous edition and instead amends GS 20-139.1(b5), to require a law enforcement officer to request that a person charged with a violation of GS 20-141.4 (felony and misdemeanor death by vehicle; felony serious injury by vehicle; and related offenses) provide a blood sample in addition to or in lieu of a chemical analysis of the breath. Provides that if a breath sample reads .08 or more, the officer is to use discretion in requesting a blood sample. Further adds that if the person so charged willfully refuses to provide the blood sample, then a law enforcement officer with probable cause to believe that the offense involved impaired driving or was alcohol-related must seek a warrant to obtain a blood sample. States that the failure to obtain a blood sample is not grounds for the dismissal of a charge and is not assignable as error on appeal. Amends GS 20-16.2(a1), adding that an implied-consent offense also includes a violation of GS 20-141.4(a2) (misdemeanor death by vehicle). Makes conforming changes to the bill title to reflect new content. Applies to offenses committed on or after December 1, 2011.

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