Bill Summary for S 292 (2013-2014)

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Summary date: 

Mar 13 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 292 (Public) Filed Wednesday, March 13, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT WHERE A PERSON HAS COMMITTED AN IMPLIED-CONSENT OFFENSE AND APPLICABLE LAW REQUIRES A MANDATORY REVOCATION OF THE PERSON'S DRIVERS LICENSE, A REQUEST FOR A HEARING DOES NOT STAY THE REVOCATION PERIOD, WHICH SHALL BE IMMEDIATELY IMPOSED UNDER CERTAIN CIRCUMSTANCES.
Intro. by Brunstetter, Rabon.

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Bill summary

Amends GS 20-16.2 (Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis) to allow a person to request a hearing, but provides that the request does not stay the revocation of the person's driver's license if a judicial official or clerk determines that there is probable cause to believe that each of following conditions have been met: (1) a law enforcement officer has reasonable grounds to believe that the person has committed an offense subject to the implied‑consent provisions of GS 20‑16.2, (2) the person is charged with that offense as provided in GS 20‑16.2(a), (3) the law enforcement officer and the chemical analyst comply with the procedures of GS 20‑16.2 and GS 20‑139.1 in requiring the person's submission to or procuring a chemical analysis, and (4) the person willfully refuses to submit to the chemical analysis. Makes conforming changes. Applies to offenses committed on or after September 1, 2013.