Bill Text: NC S508 | 2017-2018 | Regular Session | Amended
Bill Title: Impaired Driving Punishment/Use of CAM
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2017-03-30 - Ref To Com On Rules and Operations of the Senate [S508 Detail]
Download: North_Carolina-2017-S508-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 508
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Short Title: Impaired Driving Punishment/Use of CAM. |
(Public) |
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Sponsors: |
Senators Lee, Sanderson, and Bishop (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 30, 2017
A BILL TO BE ENTITLED
AN ACT to expand the use of continuous alcohol monitoring systems in punishments imposed for certain impaired driving convictions.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑179 reads as rewritten:
"§ 20‑179. Sentencing hearing after conviction for impaired driving; determination of grossly aggravating and aggravating and mitigating factors; punishments.
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(g) Level One Punishment. �
A defendant subject to Level One punishment may be fined up to four thousand dollars
($4,000) and shall be sentenced to a term of imprisonment that includes a
minimum term of not less than 30 days and a maximum term of not more than 24
months. The term of imprisonment may be suspended only if a condition of
special probation is imposed to require the defendant to abstain from
alcohol consumption and be monitored by a continuous alcohol monitoring system,
of a type approved by the Division of Adult Correction of the Department of
Public Safety, for a period of not less than 60 days, and serve a term of
imprisonment of at least 30 days. A judge may reduce the minimum term of
imprisonment required to a term of not less than 10 days if a condition of
special probation is imposed to require that a defendant abstain from alcohol
consumption and be monitored by a continuous alcohol monitoring system, of a
type approved by the Division of Adult Correction of the Department of Public
Safety, for a period of not less than 120 days. If the defendant is monitored
on an approved continuous alcohol monitoring system during the pretrial period,
up to 6090 days of pretrial monitoring may be credited against
the 120‑day monitoring requirement for probation. If the defendant is
placed on probation, the judge shall impose a requirement that the defendant
obtain a substance abuse assessment and the education or treatment required by
G.S. 20‑17.6 for the restoration of a drivers license and as a
condition of probation. The judge may impose any other lawful condition of
probation.
(h) Level Two Punishment. �
A defendant subject to Level Two punishment may be fined up to two thousand
dollars ($2,000) and shall be sentenced to a term of imprisonment that includes
a minimum term of not less than seven days and a maximum term of not more than
12 months. The term of imprisonment may be suspended only if a condition of
special probation is imposed to require the defendant (i) to abstain
from alcohol consumption and be monitored by a continuous alcohol monitoring
system, of a type approved by the Division of Adult Correction of the
Department of Public Safety, for a period of not less than 60 days, and serve
a term of imprisonment of at least seven days or (ii) to abstain from
consuming alcohol for at least 90 consecutive days, as verified by a continuous
alcohol monitoring system, of a type approved by the Division of Adult
Correction of the Department of Public Safety. If the defendant is subject to
Level Two punishment based on a finding that the grossly aggravating factor in
subdivision (1) or (2) of subsection (c) of this section applies, the
conviction for a prior offense involving impaired driving occurred within five
years before the date of the offense for which the defendant is being sentenced
and the judge suspends all active terms of imprisonment and imposes abstention
from alcohol as verified by a continuous alcohol monitory system, then the
judge must also impose as an additional condition of special probation that the
defendant must complete 240 hours of community service. If the defendant is
monitored on an approved continuous alcohol monitoring system during the
pretrial period, up to 6090 days of pretrial monitoring may be
credited against the 90‑day monitoring requirement for probation. If the
defendant is placed on probation, the judge shall impose a requirement that the
defendant obtain a substance abuse assessment and the education or treatment
required by G.S. 20‑17.6 for the restoration of a drivers license
and as a condition of probation. The judge may impose any other lawful
condition of probation.
(h1) The judge may impose, as
a condition of probation for defendants subject to Level One or Level Two
punishments, that the defendant abstain from alcohol consumption for a
minimum of 30 days, to a maximum of the term of probation, as verified by a
continuous alcohol monitoring system. The defendant's abstinence from alcohol
shall be verified by a continuous alcohol monitoring system of a type approved
by the Division of Adult Correction of the Department of Public Safety.
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(r) Supervised Probation Terminated.
� Unless a judge in his or her discretion determines that supervised
probation is necessary, and includes in the record that he or she has
received evidence and finds as a fact that supervised probation is necessary,
and states in his or her judgment that supervised probation is
necessary, a defendant convicted of an offense of impaired driving shall be
placed on unsupervised probation if he or she meets three conditions.
These conditions are that he or she has not been convicted of an offense
of impaired driving within the seven years preceding the date of this offense
for which he or she is sentenced, that the defendant is sentenced under
subsections (i), (j), and (k) of this section, and has obtained any necessary
substance abuse assessment and completed any recommended treatment or training program.program,
including any requirement that the defendant abstain from alcohol consumption
and be monitored by a continuous alcohol monitoring system approved by the
Division of Adult Correction of the Department of Public Safety.
When a judge determines in accordance with the above procedures that a defendant should be placed on supervised probation, the judge shall authorize the probation officer to modify the defendant's probation by placing the defendant on unsupervised probation upon the completion by the defendant of any of the following conditions of his or her suspended sentence:
(1) Community service; orservice.
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(3) Payment of any fines,
court costs, and fees; orfees.
(4) Any combination of these conditions.
�."
SECTION 2. This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.
