Bill Summaries: S16 OBTAIN BLOOD SAMPLE/IMPLIED-CONSENT LAWS. (NEW)

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  • Bill S 16/SL 2011-119 (2011-2012)
    Summary date: Jun 13 2011 - View Summary

    AN ACT TO REQUIRE THAT LAW ENFORCEMENT REQUEST A BLOOD SAMPLE UNDER THE STATE IMPLIED-CONSENT LAWS FROM ANY PERSON CRIMINALLY CHARGED IN ANY CASE INVOLVING DEATH BY VEHICLE AND CERTAIN OTHER OFFENSES AND TO SEEK A WARRANT IF THE DRIVER REFUSES AND THERE IS PROBABLE CAUSE TO BELIEVE THE OFFENSE INVOLVED IMPAIRED DRIVING OR IS ALCOHOL-RELATED. Summarized in Daily Bulletin 1/31/11, 3/21/11, and 6/2/11. Enacted June 13, 2011. Effective December 1, 2011.

    Motor Vehicle, Public Safety and Emergency Management
  • Bill S 16 (2011-2012)
    Summary date: Jun 2 2011 - View Summary

    House committee substitute makes the following changes to 2nd edition. Rewrites GS 20-16.2(a1) to clarify that an implied-consent offense is an offense involving impaired driving, a violation of GS 20-141.4(a2), or an alcohol-related offense made subject to the procedures of the statute.

    Motor Vehicle, Public Safety and Emergency Management
  • Bill S 16 (2011-2012)
    Summary date: Mar 21 2011 - View Summary

    Senate committee substitute makes the following changes to 1st edition.
    Deletes provisions of previous edition and instead amends GS 20-139.1(b5), to require a law enforcement officer to request that a person charged with a violation of GS 20-141.4 (felony and misdemeanor death by vehicle; felony serious injury by vehicle; and related offenses) provide a blood sample in addition to or in lieu of a chemical analysis of the breath. Provides that if a breath sample reads .08 or more, the officer is to use discretion in requesting a blood sample. Further adds that if the person so charged willfully refuses to provide the blood sample, then a law enforcement officer with probable cause to believe that the offense involved impaired driving or was alcohol-related must seek a warrant to obtain a blood sample. States that the failure to obtain a blood sample is not grounds for the dismissal of a charge and is not assignable as error on appeal. Amends GS 20-16.2(a1), adding that an implied-consent offense also includes a violation of GS 20-141.4(a2) (misdemeanor death by vehicle). Makes conforming changes to the bill title to reflect new content. Applies to offenses committed on or after December 1, 2011.

    Motor Vehicle, Public Safety and Emergency Management
  • Bill S 16 (2011-2012)
    Summary date: Jan 31 2011 - View Summary

    Adds new subsection (d) to GS 20-141.4 to require a chemical analysis as the title indicates. Provides that a violation of proposed subsection (d) is not grounds for dismissal and is not assignable as error on appeal. Applies to offenses committed on or after October 1, 2011.

    Motor Vehicle, Public Safety and Emergency Management
    GS 20