EXPAND USE OF CAM SYSTEMS & CREATE CAM FUND. (NEW)

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View NCGA Bill Details2017-2018 Session
Senate Bill 299 (Public) Filed Wednesday, March 15, 2017
AN ACT TO EXPAND THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS IN PUNISHMENTS IMPOSED FOR CERTAIN IMPAIRED DRIVING CONVICTIONS.
Intro. by J. Jackson, Newton, Britt.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Jun 15 2018)

SOG comments (2):

Change long and short titles

House committee substitute to 2nd edition changed long and short titles.  Long title was AN ACT TO ADJUST HOW THE TEN‑YEAR PERIOD FOR DETERMINING WHETHER A PERSON COMMITTED THE OFFENSE OF HABITUAL IMPAIRED DRIVING IS CALCULATED. Short title was HABITUAL IMPAIRED DRIVING/10-YEAR PERIOD.

Long Title Change

House amendment to the 3rd edition makes changes to the long title. The original title is as follows:

AN ACT TO EXPAND THE USE OF CONTINUOUS ALCOHOL MONITORING SYSTEMS IN PUNISHMENTS IMPOSED FOR CERTAIN IMPAIRED DRIVING CONVICTIONS, TO PROVIDE FOR THE PAYMENT OF AN ADMINISTRATIVE FEE AND COSTS ASSOCIATED WITH A CONTINUOUS ALCOHOL MONITORING SYSTEM, AND TO CREATE A CONTINUOUS ALCOHOL MONITORING SYSTEM FUND TO ASSIST INDIGENT DEFENDANTS.

Bill History:

S 299

Bill Summaries:

  • Summary date: Jun 15 2018 - View Summary

    House amendment #1 makes the following changes to the 3rd edition of the bill: 

    Reinstates provisions in GS 20-179(g) that authorize a judge to reduce the minimum term of imprisonment to not less than 10 days if the defendant is required, as a condition of special probation, to abstain from alcohol consumption and submit to monitoring for a period of at least 120 days, and makes additional technical and conforming changes. Deletes proposed GS 20-179.5. Changes the effective date of the act from December 1, 2017, to December 1, 2018


  • Summary date: Jun 27 2017 - View Summary

    House committee substitute makes the following changes to the 2nd edition.

    Deletes all provisions of the 2nd edition.

    Amends the long and short titles.

    Amends GS 20-179 (Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments). Amends the provisions of subsection (g), describing Level One Punishment, and subsection (h), describing Level Two Punishment. Currently both levels provide for suspension of a term of imprisonment, subject to one of two alternate conditions for special probation: one of imprisonment for a specified reduced term, and the other of abstinence from consuming alcohol, as proved by a continuous alcohol monitoring system. Currently, the abstinence and monitoring special probation condition under Level One Punishment additionally requires a period of at least 10 days' imprisonment. Amends the abstinence from consumption and monitoring condition under Level One Punishment to require abstinence and monitoring for at least 120 days (was, 60 days), with no required imprisonment. Authorizes crediting up to 120 (was, 60) days of pretrial abstinence and monitoring toward the abstinence and monitoring requirement for Level One Punishment special probation. Amends the imprisonment condition of Level Two Punishment special probation to increase the minimum term of imprisonment from seven to fourteen days. Authorizes crediting of up to 90 (was, 60) days of pretrial abstinence and monitoring toward the Level Two Punishment abstinence and monitoring special probation condition. Amends both Level One and Level Two Punishments to provide that if the judge orders a term of imprisonment as a condition of probation, and orders the imprisonment to be served as an inpatient, the judge must impose an additional consumption abstinence and monitoring condition of special probation for at least 60 days under Level One Punishment, and for at least 30 days under Level Two punishment. Authorizes a judge to impose abstinence and monitoring as a condition for the period of a defendant's entire probation (was, for a period between 30 days and the defendant's entire probation). Authorizes a court to order the Division of Adult Correction to pay the costs of a continuous alcohol monitoring system when the court finds that a defendant should not be required to pay the costs of the system. Makes technical changes to make language gender neutral. Amends the conditions that must be satisfied for a defendant to be placed on unsupervised probation to clarify that the defendant must additionally complete any recommended abstinence and monitoring period.

    Enacts new GS 20-179.5 (Continuous alcohol monitoring; administrative fee and costs for monitoring; Continuous Alcohol Monitoring Fund). Provides that costs incurred to comply with continuous alcohol monitoring requirements imposed by a court are to be paid by the monitored person. Specifies an administrative fee of between $20 and $30 to be paid at the time of receipt of the monitoring equipment. Requires the vendor of a monitoring system to remit fees under this statute to the Division of Adult Correction on a quarterly basis. Directs the Division of Adult Correction to use half of the fees to pay costs incurred in ensuring compliance with court-imposed monitoring requirements, and to place the other half in the Continuous Alcohol Monitoring Fund. Creates the Continuous Alcohol Monitoring Fund, to be used to provide access to monitoring as a sentence option for indigent persons, subject to a court order that the Division of Adult Correction should pay the cost of continuous alcohol monitoring for such a person.

    Effective December 1, 2017, and applicable to offenses committed on or after that date.


  • Summary date: Apr 4 2017 - View Summary

    Senate committee substitute makes the following changes to the 1st edition:

    Provides that time spent incarcerated should only be excluded from the 10-year period determining the offense of habitual impaired driving if the incarceration was for an offense involving impaired driving.


  • Summary date: Mar 15 2017 - View Summary

    Amends GS 20-138.5 to provide that in calculating the 10-year period for determining whether a person has committed habitual impaired driving, any period of time during which the person was incarcerated is to be excluded. Applies to offenses committed on or after December 1, 2017.