House committee substitute makes the following changes to 1st edition. Rewrites proposed GS 20-137.4B to provide that the trier of fact may infer that the use of a mobile phone or additional technology, as defined in GS 20-137.3, was a proximate cause of the reportable crash in any civil action for damages resulting from the crash (previous edition made use of a mobile phone or additional technology an aggravating factor). Makes a conforming change to the bill title. Effective October 1, 2011 (was, December 1, 2011), and applies to causes of action arising on or after that date.
House amendment makes the following changes to 2nd edition. Rewrites proposed GS 20-137.4B to provide that in a civil action for damages resulting from a reportable crash resulting in death or serious injury, if the trier of fact finds that a mobile phone or additional technology, as defined, was in use by the driver at the time of the accident, the trier of fact may infer that the use of the mobile phone or technology was a proximate cause of the accident.
Summary date: Apr 8 2011 - More information
Enacts new GS 20-137.4B to make the use of a mobile phone or additional technology device, as those terms are defined in GS 20-137.3, while committing a violation of GS Chapter 20 or any other law that results in a reportable crash resulting in death or injury, an aggravating factor in sentencing. If the aggravating factor is established, the punishment for the underlying offense must be set at the next highest level misdemeanor. If the underlying violation is a Class A1 misdemeanor or felony, the punishment must be set at the next highest level above the level at which the underlying offense would have been punished based on prior convictions. A person sentenced pursuant to the statute is ineligible for a prayer for judgment continued or a remission of court costs and fines. Effective December 1, 2011, and applicable to offenses committed on or after that date.
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