Bill Summary for S 183 (2021)

Summary date: 

Nov 2 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 183 (Public) Filed Thursday, March 4, 2021
AN ACT TO ELIMINATE THE MANDATORY WAITING PERIODS FOR DRIVERS LICENSE RESTORATION OR LIMITED DRIVING PRIVILEGES IF THE PERSON IS OPERATING A MOTOR VEHICLE THAT HAS A FUNCTIONING IGNITION INTERLOCK SYSTEM INSTALLED ON IT; TO REQUIRE FOR THE RESTORATION OF LICENSES AFTER CERTAIN DRIVING WHILE IMPAIRED CONVICTIONS, OR THE ISSUANCE OF LIMITED DRIVING PRIVILEGES, AN IGNITION INTERLOCK SYSTEM BE INSTALLED ON ONLY THE MOTOR VEHICLES THE PERSON WILL DRIVE; TO ELIMINATE THE RESTRICTIONS ON THE PURPOSES FOR DRIVING AND THE HOURS DURING WHICH A PERSON MAY OPERATE A MOTOR VEHICLE IF THE PERSON IS OPERATING A MOTOR VEHICLE WITH A FUNCTIONING IGNITION INTERLOCK SYSTEM INSTALLED ON IT; TO ALLOW THE WAIVER OR REDUCTION OF COSTS FOR CERTAIN PERSONS REQUIRED TO INSTALL AN IGNITION INTERLOCK SYSTEM; TO REVISE THE MAXIMUM BLOOD ALCOHOL CONCENTRATION LEVEL FOR THE OPERATION OF A MOTOR VEHICLE IN CERTAIN CIRCUMSTANCES TO THE IGNITION INTERLOCK SYSTEM PRE-SET FAIL LEVEL; TO REQUIRE THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY TO STUDY WHETHER TO EXPAND THE USE OF IGNITION INTERLOCK SYSTEMS; TO MAKE TECHNICAL AND CONFORMING CHANGES RELATED TO S.L. 2021-138; AND TO CHANGE "SHERIFF'S DEPARTMENT" TO "SHERIFF'S OFFICE" IN VARIOUS SECTIONS OF THE GENERAL STATUTES.
Intro. by Britt, Sawyer, Daniel.

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Bill summary

Conference report makes the following changes to the 4th edition. 

Makes organizational changes, placing the previous content of the act into Part I., with the following modifications.

Makes a technical change to the repeal of subsection (c1) of GS 20-179.3, regarding privilege restrictions for high-risk drivers, and changes the effective date of that repeal to December 1, 2021 (was, June 1, 2022).

Makes a clarifying change to GS 20-17.8(j), regarding the right to a hearing before the Division of Motor Vehicles (DMV) prior to revocation of a license for a period of one year following a violation of a restriction under the statute. 

Further amends GS 20-19(c5), now providing that a mandatory revocation under GS 20-16.2(c1) for refusal to submit to chemical analyses is effective on the 30th rather than the 10th calendar day after the DMV mails the revocation order to the person, following the DMV's receipt of a properly executed affidavit required by law. Makes further technical changes and makes language gender-neutral. 

Makes technical and conforming changes to the effective date provisions. 

Part II. adds the following new content. 

Makes the following changes to GS Chapter 14, as amended by SL 2021-138.

Amends GS 14-208.40 to revise the three categories of offenders for which the Division of Adult Correction and Juvenile Justice of the Department of Public Safety (Division) is required to establish and create guidelines for a sex offender monitoring program (program). Revises the criteria for the three categories of offenders described to require that the offender require the highest possible level of supervision, as determined by a court (previously, required that, based on the Division's risk assessment program, the offender require the highest possible level of supervision). 

Amends GS 14-208.40A, regarding risk assessments required to be completed and reported to the court by the Division for certain offenders, to allow the Division to use a risk assessment of the offender done within six months of the date of the hearing for a determination of a monitoring requirement for the offender. Now allows the court to determine whether the offender requires the highest possible level of supervision and monitoring based on all relevant evidence, rather than the Division's risk assessment only. 

Amends GS 14-208.40B, regarding the determination of monitoring requirements in certain circumstances, to repeal repetitive language that mirrors the parameters set forth in GS 14-208.40A, as the statute states that the court must follow the procedures of GS 14-208.40A, as amended, in conducting a hearing under the statute and making its findings. 

Amends GS 14-208.43, now allowing for any offender ordered on or after December 31, 2021, to enroll in monitoring to petition for termination or modification of the monitoring requirements five years after initial enrollment (previously, limited to offenders who meet one of two descriptions set forth in GS 14-208.40(a)(1) or (a)(3), explicitly barring offenders described in GS 14-208.40(a)(2), with no regard to when the offender was ordered to enroll, so long as the waiting period was satisfied). Concerning the court's authority to grant the petition, order continued enrollment, or order termination of the requirement, now refers to the time period initially ordered (rather than referring to a time period of up to 10 years). Makes conforming changes. Effective December 1, 2021, and applies to any individual ordered to enroll in satellite-based monitoring on or after that date.

Amends GS 14-208.46, as enacted by SL 2021-138, regarding petitions for termination or modification of monitoring requirements for offenders enrolled for life. Now allows any offender ordered prior to December 1, 2021, to enroll for a period longer than 10 years to file a petition (replacing the "life" terminology), no longer specifying that the petition may be filed after five years of initial enrollment. Maintains that the court has no authority to terminate monitoring requirements for an offender prior to 10 years of enrollment. Effective December 1, 2021, and applies to any individual ordered to enroll in satellite-based monitoring prior to that date.

Amends GS 15A-1343, GS 15A-1343.2, GS 15A-1368.4, and GS 15A-1374, regarding monitoring as a condition of probation, to limit such a condition to the offender requiring the highest possible level of supervision and monitoring based on a court's determination, rather than the Division's risk assessment program.

Makes technical changes to the effective date provisions of SL 2021-138, set forth in Section 18(p). Makes subsection (h) of Section 18, which amends GS 14-208.43, apply to any individual ordered to enroll in monitoring on or after December 1, 2021 (was, applicable to monitoring determinations made on or after that date). Makes subsection (i) of Section 18, which enacts GS 14-208.46, apply to any individuals ordered to enroll in monitoring pursuant to a court order issued prior to December 1, 2021 (was, applicable to individuals required to enroll in monitoring for life on or after that date). 

Amends GS 14-27.23 and GS 14-27.28, regarding convictions for statutory rape or statutory sexual offense, to make the individual subject to enrollment in satellite-based monitoring as provided in Part 5 of Article 27A of the Chapter, as amended (previously, required the person to be enrolled for life pursuant to Part 5 of Article 27A). 

Makes the above provisions effective December 1, 2021, and applies to satellite-based monitoring determinations on or after that date. 

Amends GS 15A-601, which requires a first appearance before a district court judge to be held within 72 hours after the defendant is taken into custody or at the first regular session of the district court in the county, whichever occurs first. Adds an exception for instances in which the courthouse is closed for transactions for a period longer than 72 hours to allow for the first appearance to be held within 96 hours after the defendant is taken into custody or at the first regular session of the district court in the county, whichever occurs first. Makes conforming changes regarding the clerk of superior court's authority to conduct a first appearance. Makes conforming changes to GS 15A-534(d2) regarding required findings by a judicial official to retain a defendant in custody. Effective December 1, 2021, and applies to criminal processes served on or after that date. 

Part III. adds the following new content.

Amends the following statutes to replace the term "sheriff's department" with "sheriff's office:" GS 7B-500, GS 17C-2, GS 17E-4.1 (makes further technical changes), GS 17E-7, GS 18B-501, GS 58-32-1, GS 68-20, GS 90-95.2, GS 132-1.4, and GS 143B-216.34.

Changes the act's titles. 

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