Bill Summary for H 656 (2013-2014)

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Summary date: 

Apr 10 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 656 (Public) Filed Tuesday, April 9, 2013
A BILL TO BE ENTITLED AN ACT TO REVISE THE LAWS GOVERNING THE SEIZURE, FORFEITURE, AND SALE OF MOTOR VEHICLES USED BY DEFENDANTS IN FELONY CASES INVOLVING SPEEDING TO ELUDE ARREST.
Intro. by McNeill, Faircloth.

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Bill summary

Provides that GS 20-28.2 applies to forfeiture of a motor vehiclefor felony speeding to elude arrest. Clarifies that an acknowledgmentas defined in subsection (a1) of this section is an "impaired driving acknowledgement." Adds a definitionfor a speeding to elude arrest acknowledgment.Amends the definition for innocent ownerto distinguish between a motor vehicle seizure resulting from an impaired driving offense and one resulting from a felony speeding to elude arrest offense.

Adds new subsection (b2) to provide that a judge may determine if the vehicle driven at the time of an offense becomes subject to an order of forfeiture at any of the following times: (1) a sentencing hearing for the underlying felony speeding to elude arrest offense, (2) a separate hearing after the defendant's conviction, and (3) a forfeiture hearing held at least 60 days after the defendant failed to appear at the trial for the underlying offense and the order of arrest for failure to appear has not been set aside. Provides that a vehicle becomes subject to an order of forfeiture if the greater weight of the evidence shows that the defendant is guilty of felony speeding to elude arrest under GS 20-141.5(b), regarding aggravating factors at the time of the violation, or subsection (b1), regarding a violation of subsection (a) of GS 20-141.5 as the proximate cause of the death of any person.

Amends GS 20-28.3 to direct the seizing officer to notify the Division of Motor Vehicles (DMV) (was, notify the designated executive agency under subsection (b1) of this section) no more than 24 hours after the seizure of the motor vehicle. Requires theDMV to issue written notification of the seizure to any lienholder of record and to any motor vehicle owner who was not operating the motor vehicle at the time of the offense. Makes the DMV responsible for notifications previously designated as the responsibility of the executive agency as designated by the Governor under subsection (b1).

Distinguishesprovisions for pretrial release of a motor vehicle to a defendant owner if the seizure was for an impaired driving offense or for a felony speeding to elude arrest offense. Provides that if the underlying offense resulting in the seizure is felonyspeeding to elude arrest under GS 20-141.5(b) or (b1)and the defendant's conviction is for misdemeanor speeding to elude arrest under GS 20-141.5(a), regardless as to whether thereduced charge is due to a plea agreement, the defendantwill be ordered to pay restitution to the county board of education, the motor vehicle owner, or the lienholder the cost paid or owingfor the towing and storage of the motor vehicle.

Amends GS 20-28.8 to require the clerk of superior court to make an electronic reportto the DMV ofthe execution of an impaired driving acknowledgment or a speeding to elude arrest acknowledgment. Amends GS 20-54.1 to add subsection (a1) requiring that the DMV revoke the registration of all motor vehicles registered in the name of a person convicted of felony speeding to elude arrest under GS 20-141.5(b) or (b1) and prohibitsregisteringa motor vehicle in the convicted person's name until that person's license is restored. Requires a convicted person to surrender the registration on all motor vehicles registered in that person's name within 10 days of receiving notice of the revocation of registration from the DMV.

Repeals subsections(g) through (j) of GS 20-141-5 (Speeding to elude arrest; seizure and sale of vehicles.)

Makes conformingchanges to reflect the inclusion offelony speeding to elude arrest as an offense for which there may be a forfeiture of a motor vehicle to GS 20-28.2, 20-28.3, and 20-28.4(a). Makes a conforming change, adding a new subsection toGS 20-141.5. Makesclarifying and technical changes.

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