FELONY DEATH IMP. BOATING/SHEYENNE'S LAW.

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View NCGA Bill Details(link is external)2015-2016 Session
House Bill 958 (Public) Filed Monday, April 25, 2016
AN ACT TO PROVIDE AN INCREASED PENALTY FOR IMPAIRED BOATING RESULTING IN DEATH OR SERIOUS INJURY AND TO CLARIFY THE PENALTY FOR IMPAIRED BOATING, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON WILDLIFE RESOURCES.
Intro. by Pittman, Fraley, Ford, J. Bell.
Status: Ch. SL 2016-34 (House Action) (Jun 27 2016)

Bill History:

H 958/S.L. 2016-34

Bill Summaries:

  • Bill H 958 (2015-2016)
    Summary date: Jun 28 2016 - View Summary

    AN ACT TO PROVIDE AN INCREASED PENALTY FOR IMPAIRED BOATING RESULTING IN DEATH OR SERIOUS INJURY AND TO CLARIFY THE PENALTY FOR IMPAIRED BOATING, AS RECOMMENDED BY THE HOUSE SELECT COMMITTEE ON WILDLIFE RESOURCES. Enacted June 27, 2016. Effective December 1, 2016.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 75A
  • Bill H 958 (2015-2016)
    Summary date: Apr 25 2016 - View Summary

    Enacts new GS 75A-10.3, Death or serious injury by impaired boating; repeat offenses, establishing specified penalties for offenses committed while engaging in the offense of impaired boating, providing for the following offenses and elements:

    Death by impaired boating occurs when: (1) a person unintentionally causes the death of another, (2) a person was engaged in impaired boating, and (3) impaired boating was the proximate cause of death. A violation is a Class D felony.

    Serious injury by impaired boating occurs when: (1) a person unintentionally causes serious injury to another, (2) a person was engaged in impaired boating, and (3) impaired boating was the proximate cause of the serious injury. A violation is a Class F felony.

    Aggravated serious injury by impaired boating occurs when: (1) a person unintentionally causes serious injury to another, (2) a person was engaged in impaired boating, (3) impaired boating was the proximate cause of the serious injury, and (4) the person has a previous conviction of impaired boating. A violation is a Class E felony.

    Aggravated death by impaired boating occurs when: (1) a person unintentionally causes the death of another, (2) a person was engaged in impaired boating, (3) impaired boating was the proximate cause of death, and (4) the person has a previous conviction of impaired boating within seven years of the date of the offense. A violation is a Class D felony.

    Repeat death by impaired boating occurs when: (1) person commits either death by impaired boating or aggravated death by impaired boating and (2) the person has previously been convicted of either of those offenses, or murder or manslaughter while engaged in impaired boating. A violation is a Class B2 felony.

    Includes a double jeopardy disclaimer, prohibiting double prosecuting for offenses arising out of same death. 

    Amends GS 75A-10(b4) concerning punishment for impaired boating, clarifying there is a penalty once a person has been convicted and the fine is in addition to any other penalty imposed. 

    Effective December 1, 2016, applying to offenses committed on or after that date. 

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure
    GS 75A
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