Bill Summary for S 378 (2015-2016)

Summary date: 

Mar 24 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 378 (Public) Filed Tuesday, March 24, 2015
AN ACT TO INCREASE THE PUNISHMENT FOR CERTAIN OFFENSES OF MISDEMEANOR DEATH BY VEHICLE.
Intro. by Bingham.

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Bill summary

Amends GS 20-141.4, concerning felony and misdemeanor death by vehicle, establishing a new offense, Aggravated Misdemeanor Death by Vehicle, providing that a person commits this offense when (1) the person unintentionally causes the death of another person; (2) the person was engaging in the violation of any state law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic other than impaired driving; (3) the commission of the offense in (2) is the proximate cause of death; and (4) the person has three or more previous convictions for a violation of any state law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving, within seven years of the date of the offense. Makes conforming changes.  Establishes that aggravated misdemeanor death by vehicle is a Class A1 misdemeanor, providing that a person convicted of this offense can be sentenced to an active sentence of not more than one year. Nothing in these provisions prevents a greater sentence from being imposed if the conduct is prohibited by another provision of law that provides greater punishment. Makes conforming changes.

Effective December 1, 2015, applying to offenses committed on or after that date. 

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