Senate committee substitute makes the following changes to the 1st edition.
Amends GS 20-16.2(d) to clarify that a person whose license is administratively revoked under GS 20-16.2may request a hearing but that request does not stay the revocation of the person's license if the person has had a civil procedure under eitherthe procedures in subsection (e) or (f) of GS 20-16.5 and the judicial official (e) or the clerk (f) found that there was probable cause to believe that specified conditions concerning that the person willfully refused to submit to a chemical analysis. Also clarifies that the hearing officer may subpoena any witnesses or documents that the hearing officer believes necessary before a requested hearing.
Amends the bill title.
IMMEDIATE LICENSE REVOCATION FOR REFUSAL.
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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.
Status: Re-ref Com On Appropriations/Base Budget (Senate Action) (May 14 2013)
Bill History:
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Wed, 13 Mar 2013 Senate: Filed
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Thu, 14 Mar 2013 Senate: Passed 1st Reading
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Thu, 14 Mar 2013 Senate: Ref To Com On Judiciary II
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Mon, 13 May 2013 Senate: Reptd Fav Com Substitute
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Mon, 13 May 2013 Senate: Com Substitute Adopted
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Tue, 14 May 2013 Senate: Withdrawn From Cal
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Tue, 14 May 2013 Senate: Re-ref Com On Appropriations/Base Budget
S 292
Bill Summaries:
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Bill S 292 (2013-2014)Summary date: May 13 2013 - View Summary
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Bill S 292 (2013-2014)Summary date: Mar 13 2013 - View 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.
View: All Summaries for Bill
The Senate committee substitute to the 1st edition amends the act's title. The original long title was: A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE DIVISION OF MOTOR VEHICLES SHALL IMMEDIATELY REVOKE A PERSON'S DRIVERS LICENSE FOR REFUSING TO SUBMIT TO A CHEMICAL ANALYSIS PURSUANT TO G.S. 20-16.2 REGARDLESS OF WHETHER THE PERSON REQUESTS A HEARING BEFORE THE DIVISION IF CERTAIN CONDITIONS ARE MET.