Bill Text: NC H31 | 2013-2014 | Regular Session | Amended
Bill Title: Amend Habitual DWI
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-04-30 - Re-ref Com On Judiciary I [H31 Detail]
Download: North_Carolina-2013-H31-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 1
HOUSE BILL 31
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Short Title: Amend Habitual DWI. |
(Public) |
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Sponsors: |
Representatives Hurley, Brandon, McNeill, and Baskerville (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Judiciary Subcommittee B. |
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February 4, 2013
A BILL TO BE ENTITLED
AN ACT to amend the offense of habitual dwi to include any dwi offense occurring after conviction for the offense of habitual DWI.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑138.5 reads as rewritten:
"§ 20‑138.5. Habitual impaired driving.
(a) A person commits the offense of habitual impaired
driving if he drives while impaired as defined in G.S. 20‑138.1 and (i)
has been convicted of three or more offenses involving impaired driving as
defined in G.S. 20‑4.01(24a) within 10 years of the date of this offense.offense;
or (ii) has been previously convicted of the offense of habitual impaired
driving.
(b) A person convicted of violating this section shall be punished as a Class F felon and shall be sentenced to a minimum active term of not less than 12 months of imprisonment, which shall not be suspended. Sentences imposed under this subsection shall run consecutively with and shall commence at the expiration of any sentence being served.
(c) An offense under this section is an implied consent offense subject to the provisions of G.S. 20‑16.2. The provisions of G.S. 20‑139.1 shall apply to an offense committed under this section.
(d) A person convicted under this section shall have his license permanently revoked.
(e) If a person is convicted under this section, the
motor vehicle that was driven by the defendant at the time the defendant
committed the offense of impaired driving becomes property subject to
forfeiture in accordance with the procedure set out in G.S. 20‑28.2.
In applying the procedure set out in that statute, an owner or a holder of a
security interest is considered an innocent party with respect to a motor
vehicle subject to forfeiture under this subsection if any either of
the following applies:
(1) The owner or holder of the security interest did
not know and had no reason to know that the defendant had been convicted within
the previous seven years of three or more offenses involving impaired driving.driving;
and, if applicable, did not know and had no reason to know that the defendant
had been previously convicted of the offense of habitual impaired driving.
(2) The defendant drove the motor vehicle without the consent of the owner or the holder of the security interest."
SECTION 2. This act becomes effective July 1, 2013, and applies to offenses committed on or after that date.
