Bill Text: NC H427 | 2011-2012 | Regular Session | Amended
Bill Title: Run and You're Done
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Passed) 2011-06-23 - Ch. SL 2011-271 [H427 Detail]
Download: North_Carolina-2011-H427-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 427
Short Title: Run and You're Done. |
(Public) |
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Sponsors: |
Representatives Faircloth, Folwell, H. Warren, and Shepard (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Judiciary Subcommittee B. |
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March 23, 2011
A BILL TO BE ENTITLED
AN ACT to provide for the seizure, forfeiture, and sale of motor vehicles used by defendants in felony cases involving speeding to elude arrest.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑28.3 reads as rewritten:
"§ 20‑28.3.
Seizure, impoundment, forfeiture of motor vehicles for offenses involving
impaired driving while license revoked or without license and insurance.insurance,
and for felony speeding to elude arrest.
(a) Motor Vehicles Subject to Seizure.Seizure
for Impaired Driving Offenses. – A motor vehicle that is driven by a person
who is charged with an offense involving impaired driving is subject to seizure
if:
(1) At the time of the violation, the drivers license of the person driving the motor vehicle was revoked as a result of a prior impaired driving license revocation as defined in G.S. 20‑28.2(a); or
(2) At the time of the violation:
a. The person was driving without a valid drivers license, and
b. The driver was not covered by an automobile liability policy.
For the purposes of this subsection, a person who has a complete defense, pursuant to G.S. 20‑35, to a charge of driving without a drivers license, shall be considered to have had a valid drivers license at the time of the violation.
(a1) Motor Vehicles Subject to Seizure for Felony Speeding to Elude Arrest. – A motor vehicle is subject to seizure if it is driven by a person who is charged with the offense of felony speeding to elude arrest pursuant to G.S. 20‑141.5(b).
(b) Duty of Officer. – If the charging officer has
probable cause to believe that a motor vehicle driven by the defendant may be
subject to forfeiture under this section, the officer shall seize the motor
vehicle and have it impounded. If the officer determines prior to seizure that
the motor vehicle had been reported stolen, the officer shall not seize the
motor vehicle pursuant to this section. If the officer determines prior to
seizure that the motor vehicle was a rental vehicle driven by a person not
listed as an authorized driver on the rental contract, the officer shall not
seize the motor vehicle pursuant to this section, but shall make a reasonable
effort to notify the owner of the rental vehicle that the vehicle was stopped
and that the driver of the vehicle was not listed as an authorized driver on
the rental contract. Probable cause may be based on the officer's personal
knowledge, reliable information conveyed by another officer, records of the
Division, or other reliable source.sources. The seizing officer
shall notify the executive agency designated under subsection (b1) of this
section Division as soon as practical but no later than 24 hours
after seizure of the motor vehicle of the seizure in accordance with procedures
established by the executive agency designated under subsection (b1) of this
section.
(b1) Written Notification of Impoundment. – Within 48
hours of receipt within regular business hours of the notice of seizure, an
executive agency designated by the Governor shall issue written notification of
impoundment to the Division, the Division shall issue written
notification of impoundment to any lienholder of record and to any motor
vehicle owner who was not operating the motor vehicle at the time of the
offense. A notice of seizure received outside regular business hours shall be
considered to have been received at the start of the next business day. The
notification of impoundment shall be sent by first‑class mail to the most
recent address contained in the Division's records. If the motor vehicle is
registered in another state, notice shall be sent to the address shown on the
records of the state where the motor vehicle is registered. This written
notification shall provide notice that the motor vehicle has been seized, state
the reason for the seizure and the procedure for requesting release of the
motor vehicle. Additionally, if the motor vehicle was damaged while the
defendant operator was committing an offense involving impaired driving while
the operator was committing an offense resulting in seizure or incident to
the seizure, the agency Division shall issue written notification
of the seizure to the owner's insurance company of record and to any other
insurance companies that may be insuring other motor vehicles involved in the
accident. The Division shall prohibit title to a seized motor vehicle from
being transferred by a motor vehicle owner unless authorized by court order.
…
(k) County Board of Education Right to Appear and
Participate in Proceedings. – The attorney for the county board of education shall
be given notice of all proceedings regarding offenses involving impaired
driving related to a motor vehicle subject to forfeiture.forfeiture
under this section. However, the notice requirement under this subsection
does not apply to proceedings conducted under G.S. 20‑28.3(e1). The
attorney for the county board of education shall also have the right to appear
and to be heard on all issues relating to the seizure, possession, release,
forfeiture, sale, and other matters related to the seized vehicle under this
section. With the prior consent of the county board of education, the district
attorney may delegate to the attorney for the county board of education any or
all of the duties of the district attorney under this section. Clerks of
superior court, law enforcement agencies, and all other agencies with
information relevant to the seizure, impoundment, release, or forfeiture of
motor vehicles are authorized and directed to provide county boards of
education with access to that information and to do so by electronic means when
existing technology makes this type of transmission possible.
(l) Payment of Fees Upon Conviction. – If the driver
of a motor vehicle seized pursuant to this section is convicted of an
offense involving impaired driving, of the underlying offense leading to
the seizure of a motor vehicle pursuant to this section, the defendant
shall be ordered to pay as restitution to the county board of education, the
motor vehicle owner, or the lienholder the cost paid or owing for the towing,
storage, and sale of the motor vehicle to the extent the costs were not covered
by the proceeds from the forfeiture and sale of the motor vehicle. If the
underlying offense is for felony speeding to elude arrest pursuant to G.S. 20‑141.5(b),
and the conviction is based on a plea agreement or a reduced charge to misdemeanor
speeding to elude arrest pursuant to G.S. 20‑141.5(a), the defendant
shall be ordered to pay as restitution to the county board of education, the
motor vehicle owner, or the lienholder the cost paid or owing for the towing
and storage of the motor vehicle. In addition, a civil judgment for the
costs under this section in favor of the party to whom the restitution is owed
shall be docketed by the clerk of superior court. If the defendant is sentenced
to an active term of imprisonment, the civil judgment shall become effective
and be docketed when the defendant's conviction becomes final. If the defendant
is placed on probation, the civil judgment in the amount found by a judge
during the probation revocation or termination hearing to be due shall become
effective and be docketed by the clerk when the defendant's probation is
revoked or terminated.
…."
SECTION 2. G.S. 20‑141.5 reads as rewritten:
"§ 20‑141.5. Speeding to elude arrest.
…
(f) Each law enforcement agency shall adopt a policy
applicable to the pursuit of fleeing or eluding motorists. Each policy adopted
pursuant to this subsection shall specifically include factors to be considered
by an officer in determining when it is advisable to break off a chase to
stop and apprehend a suspect. to initiate or terminate a pursuit. The
Attorney General shall develop a model policy or policies to be considered for
use by law enforcement agencies.
(g) If a person is convicted of a violation of subsection (b) of this section, the motor vehicle that was driven by the defendant at the time the defendant committed the offense of felony speeding to elude arrest becomes property subject to forfeiture in accordance with the procedure set out in G.S. 20‑28.3. In applying the procedure set out in G.S. 20‑28.3, 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 the defendant drove the motor vehicle without the consent of the owner or the holder of the security interest."
SECTION 3. This act becomes effective October 1, 2011, and applies to offenses committed on or after that date.