Bill Text: NC S619 | 2015-2016 | Regular Session | Amended
Bill Title: Grey's Law
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2015-05-07 - Re-ref to Judiciary I. If fav, re-ref to Finance [S619 Detail]
Download: North_Carolina-2015-S619-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 1
SENATE BILL 619
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Short Title: Grey's Law. |
(Public) |
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Sponsors: |
Senators Rabon, Stein, and Newton (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate. |
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March 30, 2015
A BILL TO BE ENTITLED
AN ACT to require a 0.02 alcohol concentration restriction on all restoration of licenses revoked for an impaired driving offense or refusal to submit to a chemical analysis; 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; to require ignition interlock system restrictions on a limited driving privilege issued to anyone who is convicted of an alcohol‑related offense of driving while impaired, driving after consuming alcohol and being less than twenty‑one years of age, or any person who refuses a chemical analysis; to require an extension of the ignition interlock requirement period for any person who violates the conditions for restoring the person's drivers license after certain driving while impaired convictions; to provide for the payment of an administrative fee and costs associated with an ignition interlock system; to modify the habitual impaired driving statute; and to make various other changes.
The General Assembly of North Carolina enacts:
SECTION 1. This act shall be known as "Grey's Law."
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.
…
(c1) Procedure for Reporting Results and Refusal to
Division. – Whenever a person refuses to submit to a chemical analysis, a
person has an alcohol concentration of 0.150.08 or more, or a
person's drivers license has an alcohol concentration restriction and the
results of the chemical analysis establish a violation of the restriction, the
law enforcement officer and the chemical analyst shall without unnecessary
delay go before an official authorized to administer oaths and execute an
affidavit(s) stating that:
(1) The person was charged with an implied‑consent offense or had an alcohol concentration restriction on the drivers license;
(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) Whether the implied‑consent offense charged involved death or critical injury to another person, if the person willfully refused to submit to chemical analysis;
(4) The person was notified of the rights in subsection (a); and
(5) The results of any tests given or that the person willfully refused to submit to a chemical analysis.
If the person's drivers license has an alcohol concentration restriction, pursuant to G.S. 20‑19(c3), and an officer has reasonable grounds to believe the person has violated a provision of that restriction other than violation of the alcohol concentration level, the officer and chemical analyst shall complete the applicable sections of the affidavit and indicate the restriction which was violated. The officer shall immediately mail the affidavit(s) to the Division. If the officer is also the chemical analyst who has notified the person of the rights under subsection (a), the officer may perform alone the duties of this subsection.
(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.
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.The
proceedings and revocation under this subsection originate from the notice sent
to the person by the Division and are not vacated by any deficiency in an
affidavit executed under subsection (c1) of this section that is not a material
deficiency.
(d1) Consequences of Refusal in Case Involving Death or Critical Injury. – If the refusal occurred in a case involving death or critical injury to another person, no limited driving privilege may be issued. The 12‑month revocation begins only after all other periods of revocation have terminated unless the person's license is revoked under G.S. 20‑28, 20‑28.1, 20‑19(d), or 20‑19(e). If the revocation is based on those sections, the revocation under this subsection begins at the time and in the manner specified in subsection (d) for revocations under this section. However, the person's eligibility for a hearing to determine if the revocation under those sections should be rescinded is postponed for one year from the date on which the person would otherwise have been eligible for the hearing. If the person's driver's license is again revoked while the 12‑month revocation under this subsection is in effect, that revocation, whether imposed by a court or by the Division, may only take effect after the period of revocation under this subsection has terminated.
…
(e1) Limited Driving Privilege after Six Months in
Certain Instances. – A person whose driver's license has been revoked under
this section may apply for and a judge authorized to do so by this subsection
may issue a limited driving privilege if:if the following
requirements are met:
(1) At the time of the refusal the person held either a
valid drivers license or a license that had been expired for less than one year;year.
(2) At the time of the refusal, the person had not
within the preceding seven years been convicted of an offense involving
impaired driving;driving.
(3) At the time of the refusal, the person had not in
the preceding seven years willfully refused to submit to a chemical analysis
under this section;section.
(4) The implied consent offense charged did not involve
death or critical injury to another person;person.
(5) The underlying charge for which the defendant was
requested to submit to a chemical analysis has been finally disposed of:by
either of the following:
a. Other than by conviction; orconviction.
b. By a conviction of impaired driving under G.S. 20‑138.1,
at a punishment level authorizing issuance of a limited driving privilege under
G.S. 20‑179.3(b), and the defendant has complied with at least one
of the mandatory conditions of probation listed for the punishment level under
which the defendant was sentenced;sentenced.
(6) Subsequent to the refusal the person has had no
unresolved pending charges for or additional convictions of an offense
involving impaired driving;driving.
(7) The person's license has been revoked for at least
six months for the refusal; andrefusal.
(8) The person has obtained a substance abuse assessment from a mental health facility and successfully completed any recommended training or treatment program.
(9) The limited driving privilege issued has an ignition interlock requirement that includes all of the following:
a. A restriction that the applicant may operate only a designated motor vehicle.
b. A requirement that the designated motor vehicle be equipped with a functioning ignition interlock system of a type approved by the Commissioner, which is set to prohibit driving with an alcohol concentration of 0.02 or greater. Nothing in this sub‑subdivision shall be construed as authorizing a person to operate a motor vehicle while having an alcohol concentration in excess of the limit set by applicable State or federal law.
c. A requirement that the applicant personally activate the ignition interlock system before driving the motor vehicle.
Except as modified in this subsection, the provisions of G.S. 20‑179.3 relating to the procedure for application and conduct of the hearing and the restrictions required or authorized to be included in the limited driving privilege apply to applications under this subsection. If the case was finally disposed of in the district court, the hearing shall be conducted in the district court district as defined in G.S. 7A‑133 in which the refusal occurred by a district court judge. If the case was finally disposed of in the superior court, the hearing shall be conducted in the superior court district or set of districts as defined in G.S. 7A‑41.1 in which the refusal occurred by a superior court judge. A limited driving privilege issued under this section authorizes a person to drive if the person's license is revoked solely under this section or solely under this section and G.S. 20‑17(2). If the person's license is revoked for any other reason, the limited driving privilege is invalid.
…."
SECTION 3.(a) G.S. 20‑17.8 reads as rewritten:
"§ 20‑17.8. Restoration of a license after certain driving while impaired convictions; ignition interlock.
(a) Scope. – This section applies to a person whose license was revoked as a result of a conviction of driving while impaired, G.S. 20‑138.1, and:
(1) The person had an alcohol concentration of 0.150.08
or more;
(2) The person has been convicted of another offense involving impaired driving, which offense occurred within seven years immediately preceding the date of the offense for which the person's license has been revoked; or
(3) The person was sentenced pursuant to G.S. 20‑179(f3).
For purposes of subdivision (1) of this subsection, the results of a chemical analysis, as shown by an affidavit or affidavits executed pursuant to G.S. 20‑16.2(c1), shall be used by the Division to determine that person's alcohol concentration.
(a1) Additional Scope. – This section applies to a person whose license was revoked as a result of a conviction of habitual impaired driving, G.S. 20‑138.5.
(a2) Under Age 21. – The provisions of this section apply to a person whose license was revoked as the result of a conviction of driving by a person less than 21 years old after consuming alcohol pursuant to G.S. 20‑138.3.
(a3) Refusal to Submit to Chemical Analysis. – The provisions of this section apply to a person whose license was revoked as the result of a refusal to submit to a chemical analysis pursuant to G.S. 20‑16.2.
(b) Ignition Interlock Required. – Except as provided in subsection (l) of this section, when the Division restores the license of a person who is subject to this section, in addition to any other restriction or condition, it shall require the person to agree to and shall indicate on the person's drivers license the following restrictions for the period designated in subsection (c):
(1) A restriction that the person may operate only a
vehicle that is equipped with a functioning ignition interlock system of a type
approved by the Commissioner.Commissioner, which is set to prohibit
driving with an alcohol concentration of 0.02 or greater. Nothing in this
subdivision shall be construed as authorizing a person to operate a motor
vehicle while having an alcohol concentration in excess of the limit set by
applicable State or federal law. The Commissioner shall not unreasonably
withhold approval of an ignition interlock system and shall consult with the
Division of Purchase and Contract in the Department of Administration to ensure
that potential vendors are not discriminated against.
(2) A requirement that the person personally activate the ignition interlock system before driving the motor vehicle.
(3) An alcohol concentration restriction as
follows:
a. If the ignition interlock system is
required pursuant only to subdivision (a)(1) of this section, a requirement
that the person not drive with an alcohol concentration of 0.04 or greater;
b. If the ignition interlock system is
required pursuant to subdivision (a)(2) or (a)(3) of this section, or subsection
(a1) of this section, a requirement that the person not drive with an alcohol
concentration of greater than 0.00; or
c. If the ignition interlock system is
required pursuant to subdivision (a)(1) of this section, and the person has
also been convicted, based on the same set of circumstances, of: (i) driving
while impaired in a commercial vehicle, G.S. 20‑138.2, (ii) driving
while less than 21 years old after consuming alcohol or drugs, G.S. 20‑138.3,
(iii) a violation of G.S. 20‑141.4, or (iv) manslaughter or
negligent homicide resulting from the operation of a motor vehicle when the
offense involved impaired driving, a requirement that the person not drive with
an alcohol concentration of greater than 0.00.
…
(c2) Multiple Offenses Requiring Ignition Interlock System. – If a person is convicted of multiple offenses as a result of a single series of events, and each offense requires the installation of an ignition interlock system pursuant to this section, the periods of time specified in subsection (c) of this section for each offense shall run consecutively.
(d) Effect of Limited Driving Privileges. – If the
person was eligible for and received a limited driving privilege under G.S. 20‑179.3,G.S. 20‑179.3
with thean ignition interlock requirement contained in G.S. 20‑179.3(g5),requirement,
the period of time for which that limited driving privilege was held shall be
applied towards the requirements of subsection (c).
(e) Notice of Requirement. – When a court reports to the Division a conviction of a person who is subject to this section, the Division must send the person written notice of the requirements of this section and of the consequences of failing to comply with these requirements. The notification must include a statement that the person may contact the Division for information on obtaining and having installed an ignition interlock system of a type approved by the Commissioner.
(e1) Disabling or Removing of Ignition Interlock System. – A person subject to this section shall not disable or remove, or allow the disabling or removal, of an ignition interlock system from a vehicle in which it is required to be installed pursuant to subsection (c1) of this section.
…
(g) Effect of Violation of Restriction When Driving
While License Revoked Not Charged. –Restriction. – A person subject
to this section who violates any of the restrictions of this section, but is
not charged or convicted of driving while license revoked pursuant to G.S. 20‑28(a),section,
shall have the person's license revoked by the Division for a period ofapplicable
period designated in subsection (c) of this section extended by one year.
(h) Beginning of Revocation Period. – If the
original period of revocation was imposed pursuant to G.S. 20‑19(d)
or (e), any remaining period of the original revocation, prior to its
reduction, shall be reinstated and the revocation required by subsection (f) or
(g) of this section begins after all other periods of revocation have
terminated.
(i) Notification of Revocation. – If the
person's license has not already been surrendered to the court, the Division
must expeditiously notify the person that the person's license to drive is
revoked pursuant to subsection (f) or (g) of this section effective on the
tenth calendar day after the mailing of the revocation order.
(j) Right to Hearing Before Division; Issues. – If
the person's license is revokedignition interlock requirement period is
extended pursuant to subsection (g) of this section, before the effective
date of the order issued under subsection (i) of this section,section,
the person may request in writing a hearing before the Division. Except for
the time referred to in G.S. 20‑16.5, if the person shows to the
satisfaction of the Division that the person's 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 revocation period required by subsection (g) of this section. If
the person properly requests a hearing, the person retains the person's
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. 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 must be conducted in the county where
the charge was brought, except when the evidence of the violation is an
alcohol concentration report from an ignition interlock system, the hearing may
be conductedbrought or in the county where the person resides. The
hearing must be limited to consideration of whether:
(1) The drivers license of the person had an ignition interlock requirement; and
(2) The person:
a. Was driving a vehicle that was not equipped with a
functioning ignition interlock system; orsystem;
b. Did not personally activate the ignition interlock
system before driving the vehicle; orvehicle;
c. Drove the vehicle in violation of an applicable
alcohol concentration restriction prescribed by subdivision (b)(3) of this section.section;
or
d. Disabled or removed, or allowed the disabling or removal, of an ignition interlock system required by this section.
If the Division finds that the
conditions specified in this subsection are met, it must order the revocationextension
sustained. If the Division finds that the condition of subdivision (1) is not
met, or that none of the conditions of subdivision (2) are met, it must rescind
the revocation. If the revocation is sustained, the person must surrender
the person's license immediately upon notification by the Division. If the
revocation is sustained, the person may appeal the decision of the Division
pursuant to G.S. 20‑25.extension.
(j1) Right to Hearing in Superior Court. – If an extension is sustained after a hearing conducted pursuant to subsection (j) of this section, the person whose ignition interlock requirement period is extended shall have a right to file a petition within 30 days thereafter for a hearing in the matter in the superior court of the county where the hearing was conducted pursuant to subsection (j) of this section. The review under this subsection shall be limited to determining whether there is sufficient evidence in the record to support the Division's findings of fact, whether the conclusions of law are supported by the findings of fact, and whether the Commissioner committed an error of law in extending the person's ignition interlock requirement period.
(k) Restoration After Violation. – When the
Division restores the license of a person whose license was revoked pursuant to
subsection (f) or (g) of this section and the revocation occurred prior to
completion of time period required by subsection (c) of this section, in
addition to any other restriction or condition, it shall require the person to
comply with the conditions of subsection (b) of this section until the person
has complied with those conditions for the cumulative period of time as set
forth in subsection (c) of this section. The period of time for which the
person successfully complied with subsection (b) of this section prior to
revocation pursuant to subsection (f) or (g) of this section shall be applied
towards the requirements of subsection (c) of this section.
…."
SECTION 3.(b) G.S. 20‑17.8(f) is repealed.
SECTION 3.(c) Section 6 of S.L. 2009‑369 is repealed.
SECTION 4. G.S. 20‑19(c3) reads as rewritten:
"(c3) Restriction; Revocations. – When the Division
restores a person's drivers license which was revoked pursuant to G.S. 20‑13.2
(a),G.S. 20‑13.2(a), G.S. 20‑23 when the offense
involved impaired driving, G.S. 20‑23.2, subdivision (2) of G.S. 20‑17(a),
subdivision (1) or (9) of G.S. 20‑17(a) when the offense involved
impaired driving, G.S. 20‑138.5(d), or this subsection, in addition
to any other restriction or condition, it shall place the applicable
restriction on the person's drivers license as follows:
(1) For the first restoration of a drivers
license for a person convicted of driving while impaired, G.S. 20‑138.1,
or a drivers license revoked pursuant to G.S. 20‑23 or G.S. 20‑23.2
when the offense for which the person's license was revoked prohibits
substantially similar conduct which if committed in this State would result in
a conviction of driving while impaired under G.S. 20‑138.1, that the
person not operate a vehicle with an alcohol concentration of 0.04 or more at
any relevant time after the driving;
(2) For the second or subsequent restoration
of a drivers license for a person convicted of driving while impaired, G.S. 20‑138.1,
or a drivers license revoked pursuant to G.S. 20‑23 or G.S. 20‑23.2
when the offense for which the person's license was revoked prohibits
substantially similar conduct which if committed in this State would result in
a conviction of driving while impaired under G.S. 20‑138.1, that the
person not operate a vehicle with an alcohol concentration greater than 0.00 at
any relevant time after the driving;
(3) For any restoration of a drivers license
for a person convicted of driving while impaired in a commercial motor vehicle,
G.S. 20‑138.2, habitual impaired driving, G.S. 20‑138.5,
driving while less than 21 years old after consuming alcohol or drugs, G.S. 20‑138.3,
felony death by vehicle, G.S. 20‑141.4(a1), manslaughter or
negligent homicide resulting from the operation of a motor vehicle when the
offense involved impaired driving, or a revocation under this subsection, that
the person not operate a vehicle with an alcohol concentration of greater than
0.00 at any relevant time after the driving;
(4) For any restoration of a drivers license
revoked pursuant to G.S. 20‑23 or G.S. 20‑23.2 when the
offense for which the person's license was revoked prohibits substantially
similar conduct which if committed in this State would result in a conviction
of driving while impaired in a commercial motor vehicle, G.S. 20‑138.2,
driving while less than 21 years old after consuming alcohol or drugs, G.S. 20‑138.3,
a violation of G.S. 20‑141.4, or manslaughter or negligent homicide
resulting from the operation of a motor vehicle when the offense involved
impaired driving, that the person not operate vehicle with an alcohol
concentration of greater than 0.00 at any relevant time after the driving.a
restriction on the person's drivers license requiring that the person not
operate a vehicle with an alcohol concentration of 0.02 or more at any relevant
time after the driving.
In addition, the person seeking restoration of a license must agree to submit to a chemical analysis in accordance with G.S. 20‑16.2 at the request of a law enforcement officer who has reasonable grounds to believe the person is operating a motor vehicle on a highway or public vehicular area in violation of the restriction specified in this subsection. The person must also agree that, when requested by a law enforcement officer, the person will agree to be transported by the law enforcement officer to the place where chemical analysis is to be administered.
The restrictions restriction placed on a
license under this subsection shall be in effect (i) seven years from the date
of restoration if the person's license was permanently revoked, (ii) until the
person's twenty‑first birthday if the revocation was for a conviction
under G.S. 20‑138.3, and (iii) three years in all other cases.
…."
SECTION 5. G.S. 20‑138.3(d) is amended by adding a new subdivision to read:
"(d) Limited Driving Privilege. – A person who is
convicted of violating subsection (a) of this section and whose drivers license
is revoked solely based on that conviction may apply for a limited driving
privilege as provided in G.S. 20‑179.3. This subsection shall apply
only if the person meets both of the following requirements:requirements
are met:
(1) IsThe person is 18, 19, or 20 years
old on the date of the offense.
(2) HasThe person has not previously been
convicted of a violation of this section.
(3) If convicted of driving by a person less than 21 years old after consuming alcohol pursuant to subsection (a) of this section, the limited driving privilege issued has an ignition interlock requirement that includes all of the following:
a. A restriction that the applicant may operate only a designated motor vehicle.
b. A requirement that the designated motor vehicle be equipped with a functioning ignition interlock system of a type approved by the Commissioner, which is set to prohibit driving with an alcohol concentration of 0.02 or greater. Nothing in this sub‑subdivision shall be construed as authorizing a person to operate a motor vehicle while having an alcohol concentration in excess of the limit set by applicable State or federal law.
c. A requirement that the applicant personally activate the ignition interlock system before driving the motor vehicle.
The judge may issue the limited driving privilege only if the person meets the eligibility requirements of G.S. 20‑179.3, other than the requirement in G.S. 20‑179.3(b)(1)c. G.S. 20‑179.3(e) shall not apply. All other terms, conditions, and restrictions provided for in G.S. 20‑179.3 shall apply. G.S. 20‑179.3, rather than this subsection, governs the issuance of a limited driving privilege to a person who is convicted of violating subsection (a) of this section and of driving while impaired as a result of the same transaction."
SECTION 6.(a) G.S. 20‑138.5(a) reads as rewritten:
"(a) A person commits the offense of habitual
impaired driving if hethe person drives while impaired as defined
in G.S. 20‑138.1 and has been convicted of three or more offenses
involving impaired driving as defined in G.S. 20‑4.01(24a) within
10 years of the date of this offense.G.S. 20‑4.01(24a)."
SECTION 6.(b) G.S. 7A‑109.4 reads as rewritten:
"§ 7A‑109.4. Records of offenses involving impaired driving.
The clerk of superior court shall maintain all records
relating to an offense involving impaired driving as defined in G.S. 20‑4.01(24a)
for a minimum of 10 years from the date of conviction. Prior to destroying the
record, the clerk shall record the name of the defendant, the judge, the
prosecutor, and the attorney or whether there was a waiver of attorney, the
alcohol concentration or the fact of refusal, the sentence imposed, and whether
the case was appealed to superior court and its disposition.G.S. 20‑4.01(24a)."
SECTION 7. G.S. 20‑179.3 reads as rewritten:
"§ 20‑179.3. Limited driving privilege.
(a) Definition of Limited Driving Privilege. – A limited driving privilege is a judgment issued in the discretion of a court for good cause shown authorizing a person with a revoked driver's license to drive for essential purposes related to any of the following:
(1) His employment.
(2) The maintenance of his household.
(3) His education.
(4) His court‑ordered treatment or assessment.
(5) Community service ordered as a condition of the person's probation.
(6) Emergency medical care.
(b) Eligibility. –
(1) A person convicted of the offense of impaired
driving under G.S. 20‑138.1 is eligible for a limited driving
privilege if:if the following requirements are met:
a. At the time of the offense heoffense, the
person held either a valid driver's license or a license that had been
expired for less than one year;year.
b. At the time of the offense heoffense, the
person had not within the preceding seven years been convicted of an
offense involving impaired driving;driving.
c. Punishment Level Three, Four, or Five was imposed
for the offense of impaired driving;driving.
d. Subsequent to the offense heoffense, the
person has not been convicted of, or had an unresolved charge lodged
against him or her for, an offense involving impaired driving; anddriving.
e. The person has obtained and filed with the court a substance abuse assessment of the type required by G.S. 20‑17.6 for the restoration of a drivers license.
f. If the person is convicted of an alcohol‑related offense of impaired driving under G.S. 20‑138.1, the limited driving privilege issued has an ignition interlock requirement that includes all of the following:
1. A restriction that the applicant may operate only a designated motor vehicle.
2. A requirement that the designated motor vehicle be equipped with a functioning ignition interlock system of a type approved by the Commissioner, which is set to prohibit driving with an alcohol concentration of 0.02 or greater. Nothing in this sub‑sub‑subdivision shall be construed as authorizing a person to operate a motor vehicle with an alcohol concentration in excess of the limit set by applicable State or federal law.
3. A requirement that the applicant personally activate the ignition interlock system before driving the motor vehicle.
A person whose North Carolina driver's license is revoked because of a conviction in another jurisdiction substantially similar to impaired driving under G.S. 20‑138.1 is eligible for a limited driving privilege if he would be eligible for it had the conviction occurred in North Carolina. Eligibility for a limited driving privilege following a revocation under G.S. 20‑16.2(d) is governed by G.S. 20‑16.2(e1).
…
…
(c1) Privilege Restrictions for High‑Risk
Drivers. – Notwithstanding any other provision of this section, any limited
driving privilege issued to a person convicted of an impaired driving offense
with an alcohol concentration of 0.15 or more at the time of the offense shall:
(1) Not become effective until at least 45
days after the final conviction under G.S. 20‑138.1;
(2) Require the applicant to comply with the
ignition interlock requirements of subsection (g5) of this section; and
(3) Restrict the applicant to driving only to
and from the applicant's place of employment, the place the applicant is
enrolled in school, any court ordered treatment or substance abuse education,
and any ignition interlock service facility.
For purposes of this subsection, the results of a chemical
analysis presented at trial or sentencing shall be sufficient to prove a person's
alcohol concentration, shall be conclusive, and shall not be subject to
modification by any party, with or without approval by the court.
…
(g4) The restrictions set forth in subsection (g3)
and (g5) of this section and sub‑subdivision f. of subdivision (1)
of subsection (b) of this section do not apply to a motor vehicle that
meets all of the following requirements:
(1) Is owned by the applicant's employer.
(2) Is operated by the applicant solely for work‑related
purposes.purposes in accordance with subsections (g) and (g1) of this
section, except that the applicant shall not be allowed to drive the motor
vehicle to or from the applicant's residence.
(3) Its owner has filed with the court a written document authorizing the applicant to drive the vehicle, for work‑related purposes, under the authority of a limited driving privilege.
(g5) Ignition Interlock Required. – If a
person's drivers license is revoked for a conviction of G.S. 20‑138.1,
and the person had an alcohol concentration of 0.15 or more, a judge shall
include all of the following in a limited driving privilege order:
(1) A restriction that the applicant may
operate only a designated motor vehicle.
(2) A requirement that the designated motor
vehicle be equipped with a functioning ignition interlock system of a type
approved by the Commissioner, which is set to prohibit driving with an alcohol
concentration of greater than 0.00. The Commissioner shall not unreasonably
withhold approval of an ignition interlock system and shall consult with the
Division of Purchase and Contract in the Department of Administration to ensure
that potential vendors are not discriminated against.
(3) A requirement that the applicant
personally activate the ignition interlock system before driving the motor
vehicle.
For purposes of this subsection, the results of a chemical
analysis presented at trial or sentencing shall be sufficient to prove a person's
alcohol concentration, shall be conclusive, and shall not be subject to
modification by any party, with or without approval by the court.
…."
SECTION 8. Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑179.5. Ignition interlock; administrative fee and costs for installation and monitoring.
(a) The costs incurred in order to comply with the ignition interlock requirements imposed pursuant to Article 2 of this Chapter or pursuant to this Article, including costs for installation and monitoring of the ignition interlock system, shall be paid by the person ordered to install the system. The person also shall pay an ignition interlock administrative fee of one hundred dollars ($100.00) for each ignition interlock system installed. After consultation with the Joint Legislative Transportation Oversight Committee, the Division may increase the ignition interlock administrative fee required by this subsection to an amount not to exceed one hundred fifty dollars ($150.00). The administrative fee shall be collected at the time of installation by the vendor. Costs for installation and monitoring of the ignition interlock system shall be collected under terms agreed upon by the vendor and the person required to install the ignition interlock system.
(b) The vendor shall remit fees collected pursuant to subsection (a) of this section to the Division on a quarterly basis. The fees collected shall be used to pay costs incurred by the Division in administering the ignition interlock program."
SECTION 9. This act becomes effective December 1, 2015, and applies to offenses committed on or after that date and restorations for offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.
