Bill Text: NC H673 | 2017-2018 | Regular Session | Amended
Bill Title: DWLR/Death or Injury by Vehicle
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-04-26 - Ref To Com On Rules and Operations of the Senate [H673 Detail]
Download: North_Carolina-2017-H673-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 673
|
Short Title: DWLR/Death or Injury by Vehicle. |
(Public) |
|
|
Sponsors: |
Representative Faircloth. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
|
|
Referred to: |
Judiciary II |
|
April 11, 2017
A BILL TO BE ENTITLED
AN ACT to provide that a person commits certain death or serious injury by vehicle offenses if the person causes the death or serious injury while committing the offense of driving while license revoked for impaired driving.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑141.4 reads as rewritten:
"§ 20‑141.4. Felony and misdemeanor death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle.
…
(a1) Felony Death by Vehicle.
– A person commits the offense of felony death by vehicle if:if all
of the following apply:
(1) The person
unintentionally causes the death of another person,person.
(2) The person was engaged in
the offense of (i) impaired driving under G.S. 20‑138.1 or G.S.
20‑138.2, andG.S. 20‑138.2 or (ii) driving while
license revoked for impaired driving under G.S. 20‑28(a1).
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.
(a2) Misdemeanor Death by
Vehicle. – A person commits the offense of misdemeanor death by vehicle if:if
all of the following apply:
(1) The person
unintentionally causes the death of another person,person.
(2) The person was engaged in
the violation of any State law or local ordinance applying to the operation or
use of a vehicle or to the regulation of traffic, other than impaired
driving under G.S. 20‑138.1, andthe offenses set forth in
subdivision (2) of subsection (a1) of this section.
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.
(a3) Felony Serious Injury by
Vehicle. – A person commits the offense of felony serious injury by vehicle if:if
all of the following apply:
(1) The person
unintentionally causes serious injury to another person,person.
(2) The person was engaged in
the offense of (i) impaired driving under G.S. 20‑138.1 or G.S.
20‑138.2, andG.S. 20‑138.2 or (ii) driving while
license revoked for impaired driving under G.S. 20‑28(a1).
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.
(a4) Aggravated Felony Serious
Injury by Vehicle. – A person commits the offense of aggravated felony serious
injury by vehicle if:if all of the following apply:
(1) The person
unintentionally causes serious injury to another person,person.
(2) The person was engaged in
the offense of (i) impaired driving under G.S. 20‑138.1 or G.S.
20‑138.2,G.S. 20‑138.2 or (ii) driving while license
revoked for impaired driving under G.S. 20‑28(a1).
(3) The commission of the
offense in subdivision (2) of this subsection is the proximate cause of the
serious injury, andinjury.
(4) The person has a previous conviction involving impaired driving, as defined in G.S. 20‑4.01(24a), or a previous conviction for driving while license revoked for impaired driving under G.S. 20‑28(a1), within seven years of the date of the offense.
(a5) Aggravated Felony Death
by Vehicle. – A person commits the offense of aggravated felony death by
vehicle if:if all of the following apply:
(1) The person
unintentionally causes the death of another person,person.
(2) The person was engaged in
the offense of (i) impaired driving under G.S. 20‑138.1 or G.S.
20‑138.2,G.S. 20‑138.2 or (ii) driving while license
revoked for impaired driving under G.S. 20‑28(a1).
(3) The commission of the
offense in subdivision (2) of this subsection is the proximate cause of the death,
anddeath.
(4) The person has a previous conviction involving impaired driving, as defined in G.S. 20‑4.01(24a), or a previous conviction for driving while license revoked for impaired driving under G.S. 20‑28(a1), within seven years of the date of the offense.
(a6) Repeat Felony Death by
Vehicle Offender. – A person commits the offense of repeat felony death by
vehicle if:if all of the following apply:
(1) The person commits an
offense under subsection (a1) or subsection (a5) of this section; andsection.
(2) The person has a previous
conviction under:under any of the following:
a. Subsection (a1) of this section;section.
b. Subsection (a5) of this section;
orsection.
c. G.S. 14‑17 or G.S. 14‑18, and the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2.
The pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A‑928.
…."
SECTION 2. This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.
