Bill Summaries: H 539 MAP 21 CONFORMING REVISIONS.

Tracking:
  • Summary date: Apr 3 2013 - More information

    Identical to S 659, filed 4/3/13.

    Amends GS 20-17.8 (Restoration of a license after certain driving while impaired convictions; ignition interlock), providing that the Commissioner of the DMV (Commissioner) will not issue a license to a person subject to this section until proof is presented of the installation of an ignition interlock system in all registered vehicles owner by the person. Provides that a person subject to this can, in order to avoid an undue financial hardship, seek a waiver from the DMV for any vehicle registered to that person and relied upon by another member of that person's family.  Such waivers will be decided on a case-by-case basis. Provides that the Commissioner will cancel the driver's license of any person subject to this section for having a registered motor vehicle without an installed ignition interlock system or removing the system, except when changing system providers or for the sale of the vehicle.

    Deletes language providing an exemption regarding being charged with driving while license revoked by violating the requirement of having an ignition interlock system installed. Amends GS 20-17.8(l) (Medical Exception to Requirement), making this section and the medical exception to the ignition interlock system, only applicable and available to the persons set forth in GS 20-17.8(a)(1), who have had their licensed revoked for having an alcohol concentration of 0.15 or more. Adds clarifying language.

    Amends GS 20-179(h), providing that if a defendant is subject to Level Two punishment based on (a) the grossly aggravating factors found in GS 20-179(c)(1) or (2), (b) the conviction for a prior offense involving impaired driving occurred within five years before the date of the offense for which the defendant is being sentenced, and (c) the judge suspends all active terms and imprisonment and imposes abstention from alcohol as verified by a continuous alcohol monitory system, then the judge must also impose, as an additional condition of special probation, that the defendant complete 240 hours of community service.

    Amends GS 15A-1371(h) (Community Service Parole), providing that, notwithstanding the provisions of any other subsection, prisoners serving sentences for impaired driving will be eligible for community service parole after serving the minimum sentence required by GS 20-179 (Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments), in the discretion of the Post-Release Supervision and Parole Commission. Provides that community service parole eligibility will be available to a prisoner that has served one-half of his minimum sentence, at least ten days if sentenced to Level One punishment or at least seven days if sentenced to Level Two punishment, whichever is longer. Provides that good time and gain time credit will be earned pursuant to GS 148-13 (Regulations as to custody grades, privileges, gain time credit, etc.), but only after a person has served at least ten days if sentenced to Level One punishment or at least seven days if sentenced to Level Two punishment.

    Amends GS 20-138.7(a3), establishing that motor vehicle means, for this section, any vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways and includes mopeds (was, only those types of motor vehicles which North Carolina law requires to be registered, whether the motor vehicle is registered in North Carolina or another jurisdiction).

    Effective October 1, 2013, applying to offenses committed on or after that date.

     


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