Bill Text: NC S292 | 2013-2014 | Regular Session | Amended
Bill Title: Immediate License Revocation for Refusal
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-05-14 - Re-ref Com On Appropriations/Base Budget [S292 Detail]
Download: North_Carolina-2013-S292-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 2
SENATE BILL 292
Judiciary II Committee Substitute Adopted 5/13/13
|
Short Title: Immediate License Revocation for Refusal. |
(Public) |
|
|
Sponsors: |
|
|
|
Referred to: |
|
|
March 14, 2013
A BILL TO BE ENTITLED
AN ACT to provide that where a person has committed an implied‑consent offense and applicable law requires a mandatory revocation of the person's drivers license, a request for a hearing does not stay the revocation period, which shall be immediately imposed under certain circumstances.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑16.2(d) reads as rewritten:
"(d) Consequences of Refusal; Right to Hearing
before Division; Issues. – Upon receipt of a properly executed affidavit
required by subsection (c1), the Division shall expeditiously notify the person
charged that the person's license to drive is revoked for 12 months, effective
on the tenth calendar day after the mailing of the revocation order unless,
before the effective date of the order, the person requests in writing a
hearing before the Division.order. The person may request in writing a
hearing before the Division to contest the revocation, but the request shall
not stay the revocation of the person's license to drive if either of the
following apply: (i) the matter is heard by a judicial official pursuant to the
procedures in G.S. 20‑16.5(e), and the judicial official determines
that there is probable cause to believe that the conditions of G.S. 20‑16.5(b)(1)
through (3) and G.S. 20‑16.5(b)(4)a. have been met, or (ii) the
matter is presented to a clerk pursuant to the procedures in G.S. 20‑16.5(f),
and the clerk determines that there is probable cause to believe that the
conditions of G.S. 20‑16.5(b)(1) through (3) and G.S. 20‑16.5(b)(4)a.
have been met. Except for the time referred to in G.S. 20‑16.5,
if the person shows to the satisfaction of the Division that his or her license
was surrendered to the court, and remained in the court's possession, then the
Division shall credit the amount of time for which the license was in the
possession of the court against the 12‑month revocation period required
by this subsection. If the person properly requests a hearing, the person
retains his or her license, unless it is revoked under some other provision of
law, until the hearing is held, the person withdraws the request, or the person
fails to appear at a scheduled hearing.
Prior to a requested hearing, The the hearing
officer may subpoena any witnesses or documents that the hearing officer deems
necessary. The person may request the hearing officer to subpoena the charging
officer, the chemical analyst, or both to appear at the hearing if the person
makes the request in writing at least three days before the hearing. The person
may subpoena any other witness whom the person deems necessary, and the
provisions of G.S. 1A‑1, Rule 45, apply to the issuance and service
of all subpoenas issued under the authority of this section. The hearing
officer is authorized to administer oaths to witnesses appearing at the
hearing. The hearing shall be conducted in the county where the charge was
brought, and shall be limited to consideration of whether:
(1) The person was charged with an implied‑consent offense or the driver had an alcohol concentration restriction on the drivers license pursuant to G.S. 20‑19;
(2) A law enforcement officer had reasonable grounds to believe that the person had committed an implied‑consent offense or violated the alcohol concentration restriction on the drivers license;
(3) The implied‑consent offense charged involved death or critical injury to another person, if this allegation is in the affidavit;
(4) The person was notified of the person's rights as required by subsection (a); and
(5) The person willfully refused to submit to a chemical analysis.
If the Division finds that the conditions specified in this
subsection are met, it shall order the revocation sustained. If the Division
finds that any of the conditions (1), (2), (4), or (5) is not met, it shall
rescind the revocation. If it finds that condition (3) is alleged in the
affidavit but is not met, it shall order the revocation sustained if that is
the only condition that is not met; in this instance subsection (d1) does not
apply to that revocation. If the revocation is sustained, the person shall
surrender his or her license immediately upon notification by the Division."
SECTION 2. This act becomes effective September 1, 2013, and applies to offenses committed on or after that date.
