Bill Text: NC S378 | 2015-2016 | Regular Session | Amended
Bill Title: Increase Punishment/Misd. Death by Vehicle
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2015-09-09 - Conf Com Appointed [S378 Detail]
Download: North_Carolina-2015-S378-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 4
SENATE BILL 378
Judiciary II
Committee Substitute Adopted 4/28/15
Third Edition Engrossed 4/29/15
House Committee Substitute Favorable 8/26/15
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Short Title: Increase Punishment/Misd. Death by Vehicle. |
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Sponsors: |
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Referred to: |
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March 25, 2015
A BILL TO BE ENTITLED
AN ACT to increase the punishment for certain offenses of misdemeanor death by vehicle.
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.
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(a2) Misdemeanor Death by Vehicle. – A person commits the offense of misdemeanor death by vehicle if:
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(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,G.S. 20‑138.1
or G.S. 20‑138.2, and
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(a4) Aggravated Felony Serious Injury by Vehicle. – A person commits the offense of aggravated felony serious injury by vehicle if:
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(a5) Aggravated Felony Death by Vehicle. – A person commits the offense of aggravated felony death by vehicle if:
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(a6) Repeat Felony Death by Vehicle Offender. – A person commits the offense of repeat felony death by vehicle if:
(1) The person commits an offense under subsection (a1) or subsection (a5) of this section; and
(2) The person has a previous conviction under:
a. Subsection (a1) of this section;
b. Subsection (a5) of this section; or
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.
(a7) Aggravated Misdemeanor Death by Vehicle. – A person commits the offense of aggravated misdemeanor death by vehicle if:
(1) The person unintentionally causes the death of another person;
(2) The person was engaged in the violation of any State law applying to the operation or use of a vehicle or to the regulation of traffic, other than the following:
a. Impaired driving under G.S. 20‑138.1 or G.S. 20‑138.2;
b. Improper equipment under G.S. 20‑123.2;
c. A financial responsibility requirement under G.S. 20‑311;
d. A registration requirement under G.S. 20‑111; or
e. No operator's license under G.S. 20‑7.
(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death; and
(4) Within five years of the date of the offense, the person has three or more previous convictions for a violation of any State law or local law applying to the operation or use of a vehicle or to the regulation of traffic, other than the following:
a. Improper equipment under G.S. 20‑123.2;
b. A financial responsibility requirement under G.S. 20‑311;
c. A registration requirement under G.S. 20‑111; or
d. No operator's license under G.S. 20‑7.
(b) Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:
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(5) Misdemeanor death by vehicle is a Class A1 misdemeanor.
(6) Aggravated misdemeanor death by vehicle is a Class A1 misdemeanor, provided that, notwithstanding G.S. 15A‑1340.23(c), the court may impose an active or suspended sentence of up to 365 days, regardless of the defendant's prior conviction level. Nothing in this subdivision shall be construed as prohibiting a greater sentence if the conduct is prohibited by another provision of law providing for greater punishment.
…."
SECTION 2. G.S. 20‑16.2(a1) reads as rewritten:
"(a1) Meaning of Terms. – Under this section, an "implied‑consent offense" is an offense involving impaired driving, a violation of G.S. 20‑141.4(a2), a violation of G.S. 20‑141.4(a7), or an alcohol‑related offense made subject to the procedures of this section. A person is "charged" with an offense if the person is arrested for it or if criminal process for the offense has been issued."
SECTION 3. This act becomes effective December 1, 2015, and applies to offenses committed on or after that date.
