AN ACT TO REPEAL THE PUNISHMENT OF REVOKING A PERSON'S DRIVERS LICENSE FOR COMMITTING CERTAIN DRIVING WHILE LICENSE REVOKED OFFENSES; TO MAKE DRIVING WHILE LICENSE REVOKED A NONMOVING VIOLATION FOR CERTAIN PURPOSES; AND TO MAKE OTHER CONFORMING CHANGES. Enacted August 5, 2015. Effective December 1, 2015.
Bill Summaries: H529 NC DRIVERS LICENSE RESTORATION ACT.
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Tracking:
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Bill H 529 (2015-2016)Summary date: Aug 10 2015 - View Summary
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Bill H 529 (2015-2016)Summary date: Jul 22 2015 - View Summary
Senate amendment makes the following changes to 3rd edition.
Amends GS 20-28.1(a) to provide that certain violations will be considered a motor vehicle moving offense if the offense occurred in a commercial motor vehicle or the person held a commercial drivers license at the time of the offense (3rd edition removed certain violations from the definition of motor vehicle moving offense without the commercial exception).
Makes conforming change to GS 20-28.
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Bill H 529 (2015-2016)Summary date: Jul 21 2015 - View Summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends proposed GS 20-28(a1) to provide that any person who drives a motor vehicle while his or her license has been revoked for an impaired driving revocation is guilty of a Class 1 misdemeanor (previously, established the offense of aggravated driving while license revoked, a Class 1 misdemeanor if the person's license was revoked for one of five specified reasons). Deletes proposed language which provided that a restoree of a revoked driver's license that operates a motor vehicle without maintaining financial responsibility must be punished in accordance with the provisions of that subsection.
Amends GS 20-28.1(a), making organizational changes and providing that for purposes of this section (conviction of moving offenses committed while driving during period of suspension or revocation of license), violations of GS 20-24.1 (Revocation for failure to appear or pay fine, penalty or costs for motor vehicle offenses) will not be considered a motor vehicle moving offense.
Deletes proposed changes made to GS 20-20.1, Limited driving privilege for certain revocations.
Amends GS 20-17.8(f) and 20-179.3(j), making conforming changes.
Adds that prosecutions for offenses committed before the December 1, 2015, effective date are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable.
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Bill H 529 (2015-2016)Summary date: Apr 15 2015 - View Summary
House committee substitute makes the following changes to the 1st edition.
Amends GS 20-17.8(f) to provide that a person subject to the statute who violates any of the restrictions of the statue commits the offense of aggravated driving (was, driving) while license revoked under GS 20-28(a1).
Amends GS 20-179.3(j) to provide that a holder of a limited driving privilege who violates any of its restrictions commits the offense of aggravated driving while license revoked (was, offense of driving while license revoked).
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Bill H 529 (2015-2016)Summary date: Apr 6 2015 - View Summary
Declares that this act is to be known as the North Carolina's Drivers License Restoration Act.
Makes organizational and substantive changes to GS 20-28, Unlawful to drive while license revoked, after modification, or while disqualified. Amends subsection (a),driving while license revoked, to declare that except as provided in subsections (a1) or (a2) (was, subsection a1), anyone with a revoked license who drives any motor vehicle on the state's highways is guilty of a Class 3 misdemeanor. Removes from subsection (a) the provisionmaking the offense of driving with a revoked license a Class 1 misdemeanor if the person's license was originally revoked for driving while impaired. Enacts a new subsection (a1) of GS 20-28 with the offense ofaggravated driving while license revoked. Recodifies current subsection (a1), driving without reclaiming license, as subsection (a2); and recodifies current subsection (a2), driving after notification or failure to appear, as subsection (a3). Provides in new subsection (a1), that a person convicted under GS 20-28(a) is guilty of a Class 1 misdemeanor if the original revocation of the person's driver's license was for any of the following: (1) an impaired driving license revocation as defined in GS 20-28.2, except as provided in subsection (a2) of GS 20-28; (2) accumulation of driver's license points in violation of GS 20-16(a)(5); (3) a violation of any restriction of GS 20-179.3; (4) a violation of any restriction of GS 20-179.3; or (5) a violation of a limited driving privilege issued under GS 20-20.1. Also provides that a person whose driver's license was revoked and subsequently restored who operates a motor vehicle on the highways of the state without maintaining legally required financial responsibility is to be punished the same as driving without a license and punished under the provisions of GS 20-28(a1). Amends GS 20-28(c1) to provide that for the purposes of this subsection, a violation of subsection (a) of GS 20-28 is not considered to be a moving violation.
Amends GS 20-28.1(a) to provide that for the purposes of this subsection the following violations are not to be considered a "motor vehicle moving offense": (1) a violation of GS 20-28(a), (2) a violation of GS 20-28(a2), and (3) a violation of GS 20-7 for driving a motor vehicle without a regular driver's license.
Makes conforming changes to provisions of the following statutes to reflect the relabeling of the subsections and the content change to GS 20-28, subsection (a1): GS 20-28.1, GS 20-20.1, GS 20-17.8(f), GS 20-179.3(j), and GS 20-179(c).
Effective December 1, 2015, and applies to convictions on or after that date.