Bill Summary for S 241 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
TO REQUIRE THAT DWI SENTENCING BE AT LEVEL ONE IF THE OFFENSE OCCURS WITH A CHILD LESS THAN SIXTEEN YEARS OF AGE IN THE VEHICLE.Intro. by Purcell, Allran, Atwater.
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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.