Bill Summary for H 494 (2011-2012)

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Summary date: 

Jul 2 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 494 (Public) Filed Monday, March 28, 2011
TO ALLOW THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS AS A CONDITION OF PROBATION, TO MEET REQUIREMENTS FOR THE RESTORATION OF A REVOKED DRIVERS LICENSE; TO MITIGATE PUNISHMENTS FOR IMPAIRED DRIVING OFFENSES; AND TO ENSURE COMPLIANCE WITH CHILD CUSTODY AND VISITATION ORDERS.
Intro. by M. Alexander, Guice, T. Moore, Stam.

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Bill summary

Senate committee substitute makes the following changes to 3rd edition.
Clarifies, in GS 15A-534(a), that the continuous alcohol monitoring system must be approved by the Division of Adult Correction in the Department of Public Safety, and makes this clarifying change throughout the act. Makes a conforming change to repeal GS 15A-534(i), which authorized the judicial official to order continuous alcohol monitoring as a condition of pretrial release for any defendant charged with a specified impaired driving offense, who also had a prior conviction for impaired driving within seven years. Deletes amendment to GS 15A-1340.11(6), which modified the definition of intermediate punishment, and instead amends GS 15A-1343(a1) to add abstaining from alcohol consumption and submitting to continuous alcohol monitoring as a permitted condition under community or intermediate punishment. Deletes proposed GS 15A-1343.4, which allowed discretionary use of continuous alcohol monitoring by drug treatment courts. Makes additional conforming and technical changes. Changes the act’s effective date to apply to offenses committed or any custody or visitation orders issued on or after December 1, 2012 (was, December 1, 2011).