Bill Text: NC H599 | 2015-2016 | Regular Session | Amended

North Carolina House Bill 599 (Prior Session Legislation)

Bill Title: Impounding Vehicles with Lapsed/No Insurance

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-09 - Ref to the Com on Insurance, if favorable, Judiciary I [H599 Detail]

Download: North_Carolina-2015-H599-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H 1

HOUSE BILL 599

Short Title: Impounding Vehicles with Lapsed/No Insurance.		(Public)
Sponsors:	Representative Cleveland (Primary Sponsor). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Insurance, if favorable, Judiciary I.

April 9, 2015

A BILL TO BE ENTITLED

AN ACT to require the vehicle being operated by a driver who has failed to maintain financial responsibility to be seized and forfeited to the state.

The General Assembly of North Carolina enacts:

SECTION 1. Article 2 of Chapter 20 of the General Statutes is amended by adding a new section to read:

"§ 20‑28.10. Seizure, impoundment, forfeiture of motor vehicles for driving without insurance.

(a) Authority. � A vehicle driven by a person who commits any of the following offenses shall be subject to seizure, impoundment, and forfeiture:

(1) A violation of G.S. 20‑313.

(b) Exceptions. � If any of the following conditions are satisfied, a vehicle shall not become subject to an order of forfeiture under this section:

(1) The underlying violation is a violation of G.S. 20‑313 and the defendant tenders proof of financial responsibility that satisfies the requirements of G.S. 20‑7(c1) to the judge.

(c) Governing Law and Procedures. � The laws and procedures governing the seizure, impoundment, and forfeiture of vehicles under this section shall be the same as those set forth in G.S. 20‑28.2 through G.S. 20‑28.9. Wherever those statutes refer to a particular underlying offense, they shall, for purposes of this section, be construed to refer to the applicable violation of subsection (a) of this section. Furthermore, for purposes of this section, an innocent owner shall be a person who did not know and had no reason to know that the defendant was engaging in a violation of subsection (a) of this section."

SECTION 2. G.S. 20‑313(a) reads as rewritten:

"(a) On or after July 1, 1963, any owner of a motor vehicle registered or required to be registered in this State who shall operate or permit such motor vehicle to be operated in this State without having in full force and effect the financial responsibility required by this Article shall be guilty of a Class 3 ~~misdemeanor.~~misdemeanor, and the motor vehicle that was operated in violation of this section becomes property subject to forfeiture in accordance with the laws and procedures set forth in G.S. 20‑28.2 through G.S. 20‑28.9."

SECTION 3. This act becomes effective December 1, 2015, and applies to offenses committed on or after that date.