Bill Summary for S 55 (2017-2018)

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Summary date: 

Mar 8 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 55 (Public) Filed Wednesday, February 8, 2017
AN ACT TO AUTHORIZE THE USE OF PHOTOGRAPHIC OR VIDEO EVIDENCE FOR THE CIVIL ENFORCEMENT OF VIOLATIONS FOR PASSING A STOPPED SCHOOL BUS.
Intro. by McInnis, Alexander.

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Bill summary

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

Amends proposed GS 153A-246(b) to clarify that a county ordinance adopted pursuant to the authority granted under the statute for the civil enforcement of GS 20-217 (provisions making it unlawful to pass a stopped school bus that is receiving or discharging passengers) by means of an automated school bus safety camera does not apply to any violation of GS 20-217 that results in death or injury. 

Amends the required contents of a citation to require including a copy of a statement or electronically generated affirmation of a law enforcement officer (previously, of a county employee or law enforcement officer) stating that the owner's motor vehicle was operated in violation of the ordinance adopted pursuant to new GS 153A-246.

Adds to the proposed provision set forth in subdivision (12) of subsection (b) prohibiting imposing a civil penalty under this statute in a situation where a person is charged in a criminal pleading with a violation of GS 20-217 arising out of the same facts as those for which a civil penalty would be imposed. Requires the charging law enforcement agency to provide written notice to the county office responsible for processing civil citations pursuant to proposed GS 153A-246(b)(7) containing the name and address of the person charged with violation of GS 20-217 and the date of the violation. Directs that after receiving that notice, the county is prohibited from imposing a civil penalty as the previous edition provided. Adds a mandate that a county must issue a full refund of any civil penalty payment received, along with interest as specified, from a person who was charged with a criminal pleading with a violation of GS 20-217 if the civil penalty arose from the same facts as those for which the person was charged in the criminal pleading. Requires the county to provide each law enforcement agency within its jurisdiction the name and address of the county official to whom written notice of persons charged with violation of GS 20-217 is to be given pursuant to subdivision (12) of subsection (b).

Adds subsection (e) to proposed GS 153A-246 to establish that the General Assembly encourages criminal prosecution for violation of GS 20-217 whenever photos or videos recorded by an automated school bus safety camera provide sufficient evidence to support criminal prosecution.