AN ACT TO REQUIRE THAT DWI SENTENCING BE AT LEVEL ONE IF THE OFFENSE OCCURS WITH A CHILD LESS THAN EIGHTEEN YEARS OF AGE, A PERSON WITH THE MENTAL DEVELOPMENT OF A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR A PERSON WITH A PHYSICAL DISABILITY PREVENTING UNAIDED EXIT FROM THE VEHICLE IN THE VEHICLE, AND TO AMEND THE LAW REGARDING ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS. Summarized in Daily Bulletin 3/7/11, 4/4/11, 6/15/11, and 6/16/11. Enacted June 27, 2011. Effective December 1, 2011.
DWI/CUSTODIAL INTERROGATION AMENDMENTS (NEW).
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TO REQUIRE THAT DWI SENTENCING BE AT LEVEL ONE IF THE OFFENSE OCCURS WITH A CHILD LESS THAN SIXTEEN YEARS OF AGE IN THE VEHICLE.Intro. by Purcell, Allran, Atwater.
Status: Ch. SL 2011-329 (Senate Action) (Jun 27 2011)
Bill History:
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Mon, 7 Mar 2011 Senate: Filed
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Tue, 8 Mar 2011 Senate: Passed 1st Reading
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Tue, 8 Mar 2011 Senate: Ref To Com On Judiciary II
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Mon, 4 Apr 2011 Senate: Reptd Fav Com Substitute
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Mon, 4 Apr 2011 Senate: Com Substitute Adopted
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Tue, 5 Apr 2011 Senate: Passed 2nd & 3rd Reading
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Thu, 7 Apr 2011 House: Passed 1st Reading
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Thu, 7 Apr 2011 House: Ref To Com On Judiciary Subcommittee B
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Wed, 15 Jun 2011 House: Reptd Fav Com Substitute
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Wed, 15 Jun 2011 House: Cal Pursuant Rule 36(b)
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Wed, 15 Jun 2011 House: Placed On Cal For 6/15/2011
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Thu, 16 Jun 2011 House: Amend Adopted 1
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Thu, 16 Jun 2011 House: Passed 2nd Reading
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Thu, 16 Jun 2011 House: Passed 3rd Reading
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Fri, 17 Jun 2011 Senate: Rec To Concur H Com Sub
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Fri, 17 Jun 2011 Senate: Placed On Cal For 6/17/2011
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Fri, 17 Jun 2011 Senate: Concurred In H/com Sub
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Sat, 18 Jun 2011 Ratified
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Mon, 20 Jun 2011 Pres. To Gov. 6/20/2011
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Mon, 27 Jun 2011 Signed By Gov. 6/27/2011
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Mon, 27 Jun 2011 Ch. SL 2011-329
S 241/S.L. 2011-329
Bill Summaries:
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Summary date: Jun 30 2011 - View Summary
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Bill S 241 (2011-2012)Summary date: Jun 16 2011 - View Summary
House amendment makes the following changes to 3rd edition. Amends GS 20-179(c)(4) to clarify that driving by the defendant while (1) a child under the age of 18, (2) a person with the mental development of a child under the age of 18, or (3) a person with a physical disability preventing unaided exit from the vehicle was in the vehicle at the time of the offense is a grossly aggravating factor. Makes conforming change to the bill title.
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Bill S 241 (2011-2012)Summary date: Jun 15 2011 - View Summary
House committee substitute makes the following changes to 2nd edition. Adds a new section to the bill (and amends the bill’s title accordingly) amending GS 15A-211 with respect to the recording of custodial criminal interrogations. Under current law, the requirement of recording applies only to custodial interrogations in homicide investigations. The proposed change would make the requirement applicable to all juvenile custodial interrogations and to any custodial interrogation of any person if the investigation is related to a Class A, B1, or B2 felony or any Class C felony of rape, sex offense, or assault with a deadly weapon with intent to kill inflicting serious injury. Adds a provision requiring that visual and audio recording must be simultaneously produced whenever reasonably feasible, but providing that a defendant may not use this requirement as a ground for suppression of evidence. Makes conforming changes.
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Bill S 241 (2011-2012)Summary date: Apr 4 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition.
Deletes the amendments in the previous edition and instead amends GS 20-179(c)(4), listing the aggravating factor of driving by the defendant with a child under 18 years old (currently, under 16 years old) in the vehicle at the time of the offense. Amends GS 20-179(c) to direct the judge to impose the Level One punishment if the judge finds that the grossly aggravating factor in GS 20-179(c)(4) applies, or two of the other (currently, two or more) grossly aggravating factors apply. Adds that if the judge does not find that GS 20-179(c)(4) applies, then the judge must impose the Level Two punishment if the judge determines only one of the other grossly aggravating factors applies. Makes a conforming change to the bill title.
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Bill S 241 (2011-2012)Summary date: Mar 7 2011 - View Summary
Amends GS 20-179(c) (determining existence of grossly aggravating factors in impaired driving hearing) as title indicates. Makes a conforming change to remove the factor of driving with a child under 16 years of age in the vehicle from the list of grossly aggravating factors required for consideration. Applies to offenses committed on or after December 1, 2011.
View: All Summaries for Bill