Bill Summary for H 428 (2013-2014)

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Summary date: 

Mar 26 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 428 (Public) Filed Tuesday, March 26, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE PUNISHMENT FOR PASSING A STOPPED SCHOOL BUS IN VIOLATION OF G.S. 20-217 SHALL INCLUDE A FINE IN ALL CIRCUMSTANCES, A REVOCATION OF THE PERSON'S DRIVERS LICENSE IN CERTAIN CIRCUMSTANCES, AND DISQUALIFICATION OF THE PERSON'S COMMERCIAL DRIVING PRIVILEGES IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE DIVISION OF MOTOR VEHICLES SHALL WITHHOLD THE REGISTRATION RENEWAL OF A PERSON WHO FAILS TO PAY ANY FINE IMPOSED PURSUANT TO G.S. 20-217; AND TO ENCOURAGE LOCAL BOARDS OF EDUCATION TO USE THE PROCEEDS OF ANY FINES COLLECTED FOR VIOLATIONS OF G.S. 20-217 TO PURCHASE AUTOMATED CAMERA AND VIDEO RECORDING SYSTEMS TO INSTALL ON SCHOOL BUSES.
Intro. by Hanes, Lambeth.

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Bill summary

Amends GS 20-217 to provide that any person who violates GS 20-217 will be guilty of a Class 1 misdemeanor and will pay a minimum fine of $500 (previously, no fine was associated with the violation). Provides that any person who willfully violates GS 20-217(a) and strikes any person will be guilty of a Class I felony and will pay a minimum fine of $2,500 (previously, no fine was associated with the violation).  If the striking of the person above results in death of that person, the violator will be guilty of a Class H felony and will pay a new minimum $5,000 fine.

Creates new GS 20-217(g1), providing that the Division of Motor Vehicles (DMV) will revoke the driver's license for one year for any person convicted of a second misdemeanor under this section in a three-year time period. A two-year revocation will occur for a conviction of a Class I felony and a three-year revocation for a conviction of a Class H felony.  The DMV will permanently revoke the driver's license of any person convicted of a second felony under this section at any time as well as any person convicted of a third misdemeanor violation of this section at any time.

For the instance of first felony convictions under this section, the licensee may apply to the sentencing court for a limited driving privilege after 12 months of revocation, provided no other revocation has occurred under a different law or regulation.

For instances of permanent revocation for committing a third misdemeanor under this section, the person may apply for a license after two years.  The DMV may issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this chapter or laws of another state.  The DMV can impose any restrictions appropriate, but such restrictions will not exceed two years.

For instances of permanent revocation for committing a second Class I felony violation, the person may apply for a license after three years. The DMV may issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this chapter or laws of another state.  The DMV can impose any restrictions appropriate, but such restrictions will not exceed three years.

Creates new GS 20-217(g2), establishing that the failure of any person to pay a fine imposed  pursuant to this section will result in the DMV withholding the registration renewal of a motor vehicle registered in that person's name. The DMV will continue to withhold the registration renewal until it is demonstrated that the fine is paid, that the fine was imposed on the wrong person, or that the failure to pay is not on purpose and a good faith effort to pay the fine is being made.

Amends GS 20-54 (Authority for refusing registration or certificate of title), by adding a new subdivision which provides that  the DMV will refuse registration or issuance of a certificate or title  if it has been notified that the owner of the vehicle has failed to pay a fine imposed pursuant to GS 20-217.

Includes language that states the General Assembly encourages local boards of education to use the proceeds of fines collected for violations of GS 20-217 to buy automated cameras and recording systems for school buses to help detect and prosecute violators of this section.

Effective December 1, 2013, applying to offenses committed on or after that date.