AN ACT TO CREATE THE OFFENSE OF FELONY DEATH BY VEHICLE FOR REVOKED IMPAIRED DRIVING AND TO REVOKE THE REGISTRATION OF ALL MOTOR VEHICLES REGISTERED TO A PERSON CONVICTED OF FELONY DEATH BY VEHICLE FOR REVOKED IMPAIRED DRIVING.
Amends GS 20-141.4, establishing the offense of revoked driving felony death by vehicle, classified as a Class F felony and punishable by a minimum active term of at least 12 months of imprisonment that cannot be suspended. Sets forth the elements of the new offense as:
(1) the person unintentionally causes the death of another person;
(2) the person was engaged in the violation of any State or local law applying to the operation or use of motor vehicle or the regulation of traffic, other than impaired driving;
(3) the commission is the proximate cause of the death; and
(4) at the time of the commission, the person's drivers license was revoked for impaired driving license revocation under GS 20-28.2(a).
Amends GS 20-19(e), concerning license revocation under GS 20-17(a)(9), which requires revocation for any violation of GS 20-141.4. Adds that license revocation under GS 20-17(a)(9) due to violation of new GS 20-141.4(a7) (revoked driving felony death by vehicle) is permanent.
Enacts GS 20-54.1(a2), requiring the Division of Motor Vehicles (DMV) to revoke the registration of all motor vehicles registered in the name of a person who has been convicted of a revoked driving felony death by vehicle offense under new GS 20-141.4(a7) upon receipt of notice of conviction. Additionally prohibits registration of any other motor vehicles in the person's name until the convicted person's license is restored. Requires the convicted person to surrender registration(s) to the DMV within 10 days of the date of notice of revocation. Expands GS 20-54.1(b), concerning revocation of registration of a motor vehicle seized, making the provisions applicable to convictions under new subsection (a2), including registration revocation and surrender, forfeiture of right of registration, and innocent owner rights.
Applies to offenses committed on or after December 1, 2020.