Bill Summary – FastDemocracy

H.B. 147
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Feb 20, 2023
                                      SESSION 2023                                    HOUSE PRINCIPAL CLERK
     H                                                                                               D
                                   HOUSE BILL DRH10079-MLf-69
     Short Title:   Impaired Driving Law Revisions.                                            (Public)
     Sponsors:      Representative Clampitt.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO INCREASE THE RESTORATION FEE FOR DRIVERS LICENSES REVOKED
     FOR CERTAIN OFFENSES INVOLVING ALCOHOL, TO AMEND THE CRITERIA
     THAT MUST BE MET FOR A PERSON'S DRIVERS LICENSE TO BE IMMEDIATELY
     REVOKED FOR AN IMPLIED-CONSENT OFFENSE CHARGE, AND TO INCREASE
     THE AMOUNT OF THE FEE A PERSON MUST PAY IF THE PERSON'S DRIVERS
     LICENSE IS IMMEDIATELY REVOKED FOR AN IMPLIED-CONSENT OFFENSE
     CHARGE.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 20-7(i1) reads as rewritten:
     "(i1) Restoration Fee. – Any person whose drivers license has been revoked pursuant to
 the provisions of this Chapter, other than G.S. 20-17(a)(2) subdivision (2), (12), (13), or (14) of
 subsection (a) of G.S. 20-17, shall pay a restoration fee of seventy dollars ($70.00). A person
 whose drivers license has been revoked under G.S. 20-17(a)(2) subdivision (2), (12), (13), or (14)
 of subsection (a) of G.S. 20-17 shall pay a restoration fee of one two hundred forty fifty dollars
 and twenty-five cents ($140.25). ($250.00). The fee shall be paid to the Division prior to the
 issuance to such person of a new drivers license or the restoration of the drivers license. The
 restoration fee shall be paid to the Division in addition to any and all fees which may be provided
 by law. This restoration fee shall not be required from any licensee whose license was revoked
 or voluntarily surrendered for medical or health reasons whether or not a medical evaluation was
 conducted pursuant to this Chapter. The seventy dollar ($70.00) fee, and the first one hundred
 five twenty dollars ($105.00) ($120.00) of the one two hundred forty fifty dollar and twenty-five
 cent ($140.25) ($250.00) fee, shall be deposited in the Highway Fund. Twenty five Sixty-five
 dollars ($25.00) ($65.00) of the one two hundred forty fifty dollar and twenty-five cent ($140.25)
 ($250.00) fee shall be used to fund a statewide chemical alcohol testing program administered
 by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the
 Department of Health and Human Services. The remaining sixty-five dollars ($65.00) of the two
 hundred fifty dollar ($250.00) fee shall be remitted to the county for the sole purpose of
 reimbursing the county for jail expenses incurred due to enforcement of the impaired driving
 laws. Notwithstanding any other provision of law, a restoration fee assessed pursuant to this
 subsection may be waived by the Division when (i) the restoration fee remains unpaid for more
 than 10 years from the date of assessment and (ii) the person responsible for payment of the
 restoration fee has been issued a drivers license by the Division after the effective date of the
 revocation for which the restoration fee is owed. The Office of State Budget and Management
 shall annually report to the General Assembly the amount of fees deposited in the General Fund
                                  *DRH10079-MLf-69*
     General Assembly Of North Carolina                                                    Session 2023
 and transferred to the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury
 Section of the Department of Health and Human Services under this subsection."
              SECTION 2. G.S. 20-16.2 reads as rewritten:
 "§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event
              of refusal; right of driver to request analysis.
     (a)      Basis for Officer to Require Chemical Analysis; Notification of Rights. – Any person
 who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical
 analysis if charged with an implied-consent offense. Any law enforcement officer who has
 reasonable grounds to believe that the person charged has committed the implied-consent offense
 may obtain a chemical analysis of the person.
     Before any type of chemical analysis is administered the person charged shall be taken before
 a chemical analyst authorized to administer a test of a person's breath or a law enforcement officer
 who is authorized to administer chemical analysis of the breath, who shall inform the person
 orally and also give the person a notice in writing that:
              (1)     You have been charged with an implied-consent offense. Under the
                      implied-consent law, you can refuse any test, but your drivers license will be
                      revoked for one year and could be revoked for a longer period of time under
                      certain circumstances, and an officer can compel you to be tested under other
                      laws.
              (2)     Repealed by Session Laws 2006-253, s. 15, effective December 1, 2006, and
                      applicable to offenses committed on or after that date.
              (3)     The test results, or the fact of your refusal, will be admissible in evidence at
                      trial.
              (4)     Your driving privilege will be revoked immediately for at least 30 days if you
                      refuse any test or the test result is 0.08 or more, 0.04 or more if you were
                      driving a commercial vehicle, or 0.01 or more if you are under the age of 21.a
                      judicial official determines there is probable cause for the charge.
              (5)     After you are released, you may seek your own test in addition to this test.
              (6)     You may call an attorney for advice and select a witness to view the testing
                      procedures remaining after the witness arrives, but the testing may not be
                      delayed for these purposes longer than 30 minutes from the time you are
                      notified of these rights. You must take the test at the end of 30 minutes even
                      if you have not contacted an attorney or your witness has not arrived.
     …
     (i)      Right to Chemical Analysis before Arrest or Charge. – A person stopped or
 questioned by a law enforcement officer who is investigating whether the person may have
 committed an implied consent offense may request the administration of a chemical analysis
 before any arrest or other charge is made for the offense. Upon this request, the officer shall
 afford the person the opportunity to have a chemical analysis of his or her breath, if available, in
 accordance with the procedures required by G.S. 20-139.1(b). The request constitutes the
 person's consent to be transported by the law enforcement officer to the place where the chemical
 analysis is to be administered. Before the chemical analysis is made, the person shall confirm the
 request in writing and shall be notified:notified of all of the following:
              (1)     That the test results will be admissible in evidence and may be used against
                      you in any implied consent offense that may arise;arise.
              (2)     Your driving privilege will be revoked immediately for at least 30 days if the
                      test result is 0.08 or more, 0.04 or more if you were driving a commercial
                      vehicle, or 0.01 or more if you are under the age of 21.you are charged with
                      an implied-consent offense and a judicial official determines there is probable
                      cause for the charge.
     Page 2                                                                         DRH10079-MLf-69
     General Assembly Of North Carolina                                                       Session 2023
             (3)       That if you fail to comply fully with the test procedures, the officer may charge
                       you with any offense for which the officer has probable cause, and if you are
                       charged with an implied consent offense, your refusal to submit to the testing
                       required as a result of that charge would result in revocation of your driving
                       privilege. The results of the chemical analysis are admissible in evidence in
                       any proceeding in which they are relevant."
             SECTION 3. G.S. 20-16.5 reads as rewritten:
 "§ 20-16.5. Immediate civil license revocation for certain persons charged with
             implied-consent offenses.
     …
     (b)     Revocations for Persons Who Refuse Chemical Analyses or Who Are Charged With
 Certain Implied-Consent Offenses. – A person's driver's license is subject to revocation under
 this section if:if all of the following criteria are met:
             (1)       A law enforcement officer has reasonable grounds to believe that the person
                       has committed an offense subject to the implied-consent provisions of G.S.
                       20-16.2;G.S. 20-16.2.
             (2)       The person is charged with that offense as provided in G.S.
                       20-16.2(a);G.S. 20-16.2(a).
             (3)       The law enforcement officer and the chemical analyst comply with the
                       procedures of G.S. 20-16.2 and G.S. 20-139.1 in requiring the person's
                       submission to or procuring a chemical analysis; andanalysis.
             (4)       The person:Either of the following criteria is met:
                       a.       Willfully The person willfully refuses to submit to the chemical
                                analysis;analysis.
                       b.       Has an alcohol concentration of 0.08 or more within a relevant time
                                after the driving;
                       c.       Has an alcohol concentration of 0.04 or more at any relevant time after
                                the driving of a commercial motor vehicle; or
                       d.       Has any alcohol concentration at any relevant time after the driving
                                and the person is under 21 years of age.
                       e.       A judicial official determines there is probable cause for the charge.
     (b1) Precharge Test Results as Basis for Revocation. – Notwithstanding the provisions of
 subsection (b), a person's driver's license is subject to revocation under this section if:if all of the
 following criteria are met:
             (1)       The person requests a precharge chemical analysis pursuant to G.S. 20-16.2(i);
                       andG.S. 20-16.2(i).
             (2)       The person has:
                       a.       An alcohol concentration of 0.08 or more at any relevant time after
                                driving;
                       b.       An alcohol concentration of 0.04 or more at any relevant time after
                                driving a commercial motor vehicle; or
                       c.       Any alcohol concentration at any relevant time after driving and the
                                person is under 21 years of age; and
             (3)       The person is charged with an implied-consent offense.
             (4)       A judicial official determines there is probable cause for the charge.
     …
     (j)     Costs. – Unless the magistrate or judge orders the revocation rescinded, a person
 whose license is revoked under this section must pay a fee of one two hundred fifty dollars
 ($100.00) ($250.00) as costs for the action before the person's license may be returned under
 subsection (h) of this section. Fifty percent (50%) of the costs collected under this section shall
 be credited to the General Fund. Twenty-five percent (25%) of the costs collected under this
     DRH10079-MLf-69                                                                                 Page 3
    General Assembly Of North Carolina                                                   Session 2023
 section shall be used to fund a statewide chemical alcohol testing program administered by the
 Injury Control Section of the Department of Health and Human Services. The remaining
 twenty-five percent (25%) of the costs collected under this section shall be remitted to the county
 for the sole purpose of reimbursing the county for jail expenses incurred due to enforcement of
 the impaired driving laws.
     …."
             SECTION 4. This act becomes effective December 1, 2023, and applies to offenses
 committed on or after that date.
    Page 4                                                                        DRH10079-MLf-69
Statutes affected: 
Filed: 20-7, 20-16.2, 20-16.5
Edition 1: 20-7, 20-16.2, 20-16.5