AN ACT TO REQUIRE THAT DWI SENTENCING BE AT LEVEL ONE IF THE OFFENSE OCCURS WITH A CHILD LESS THAN EIGHTEEN YEARS OF AGE, A PERSON WITH THE MENTAL DEVELOPMENT OF A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR A PERSON WITH A PHYSICAL DISABILITY PREVENTING UNAIDED EXIT FROM THE VEHICLE IN THE VEHICLE, AND TO AMEND THE LAW REGARDING ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS. Summarized in Daily Bulletin 3/7/11, 4/4/11, 6/15/11, and 6/16/11. Enacted June 27, 2011. Effective December 1, 2011.
Bill Summaries: S 241 DWI/CUSTODIAL INTERROGATION AMENDMENTS (NEW).
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Tracking:
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Summary date: Jun 30 2011 - View Summary
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Bill S 241 (2011-2012)Summary date: Jun 16 2011 - View Summary
House amendment makes the following changes to 3rd edition. Amends GS 20-179(c)(4) to clarify that driving by the defendant while (1) a child under the age of 18, (2) a person with the mental development of a child under the age of 18, or (3) a person with a physical disability preventing unaided exit from the vehicle was in the vehicle at the time of the offense is a grossly aggravating factor. Makes conforming change to the bill title.
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Bill S 241 (2011-2012)Summary date: Jun 15 2011 - View Summary
House committee substitute makes the following changes to 2nd edition. Adds a new section to the bill (and amends the bill’s title accordingly) amending GS 15A-211 with respect to the recording of custodial criminal interrogations. Under current law, the requirement of recording applies only to custodial interrogations in homicide investigations. The proposed change would make the requirement applicable to all juvenile custodial interrogations and to any custodial interrogation of any person if the investigation is related to a Class A, B1, or B2 felony or any Class C felony of rape, sex offense, or assault with a deadly weapon with intent to kill inflicting serious injury. Adds a provision requiring that visual and audio recording must be simultaneously produced whenever reasonably feasible, but providing that a defendant may not use this requirement as a ground for suppression of evidence. Makes conforming changes.
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Bill S 241 (2011-2012)Summary date: Apr 4 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition.
Deletes the amendments in the previous edition and instead amends GS 20-179(c)(4), listing the aggravating factor of driving by the defendant with a child under 18 years old (currently, under 16 years old) in the vehicle at the time of the offense. Amends GS 20-179(c) to direct the judge to impose the Level One punishment if the judge finds that the grossly aggravating factor in GS 20-179(c)(4) applies, or two of the other (currently, two or more) grossly aggravating factors apply. Adds that if the judge does not find that GS 20-179(c)(4) applies, then the judge must impose the Level Two punishment if the judge determines only one of the other grossly aggravating factors applies. Makes a conforming change to the bill title.
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Bill S 241 (2011-2012)Summary date: Mar 7 2011 - View Summary
Amends GS 20-179(c) (determining existence of grossly aggravating factors in impaired driving hearing) as title indicates. Makes a conforming change to remove the factor of driving with a child under 16 years of age in the vehicle from the list of grossly aggravating factors required for consideration. Applies to offenses committed on or after December 1, 2011.