Bill Summary for S 182 (2013-2014)
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| View NCGA Bill Details | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO ELIMINATE APPEALS FOR INFRACTIONS, TO MODIFY APPEALS TO THE SUPERIOR COURT IN PROBATION REVOCATIONS IN WHICH THE DEFENDANT HAS WAIVED A HEARING, TO AMEND THE LAW PERTAINING TO RESENTENCING UPON THE REVERSAL OF A SENTENCE ON APPELLATE REVIEW, TO MAKE CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRITE RELIEF, AND TO RECLASSIFY CERTAIN MISDEMEANORS AS INFRACTIONS.Intro. by Brunstetter.
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Bill summary
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Deletes the provisions of the 1st edition.
Amends GS 15A-1115, renaming section to Review of Infraction originally disposed of in superior court (was, Review of disposition by superior court). Deletes GS 15A-1115(a), Appeal of District Court Decision.
Amends GS 15A-1347, renaming section to Appeal from revocation of probation or imposition of special probation upon violation; consequences of waiver of hearing (was, Appeal from revocation of probation or imposition of special probation upon vioaltion). Deletes proposed changes. Creates new subsection GS 15A-1347(b), providing that if a defendant waives a revocation hearing, then the finding of probation, activation of sentence, or imposition of special probation cannot be appealed to the superior court.
Repeals GS 15A-1335, resentencing after appellate review.
Amends GS 20-35, Penalties for violating Article; defense to driving without a license, providing that any person who does any of the following is responsible for an infraction:
(1) Failing to carry a valid license while driving a motor vehicle, in violation of GS 20-7(a).
(2) Operating a motor vehicle with an expired license, in violation of GS 20-7(f).
(3) Failing to notify the Division of an address change for a drivers license within 60 days after the change occurs, in violation of GS 20-7.1.
Changes language in GS 20-35(c), Defenses, providing that persons can be found "responsible for" and not "convicted of" the infractions included above.
Makes a conforming change.
Amends GS 20-176, providing that doing any of the following will result in being responsible for an infraction:
(1) Failing to carry the registration card in the vehicle, in violation of GS 20-57(c).
(2) Failing to sign the vehicle registration card, in violation of GS 20-57(c).
(3) Failing to notify the DMV of an address change for a vehicle registration card within 60 days after the change occurs, in violation of GS 20-67.
Makes a conforming change.
Amends GS 113-135(a), providing that fishing without a license in violation of GS 113-174.1(a) or GS 113-270B(a) is punishable as an infraction.
Section 3 of the act, repealing GS 15A-1335 becomes effective December 1, 2013, and applies to appeals initiated on or after that date. The remainder of this act becomes effective December 1, 2013, and applies to offenses committed on or after that date.