THE FOLLOWING BILL IS BEFORE THE NORTH CAROLINA HOUSE:
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 427
Short Title: Run and You’re Done. (Public)
Sponsors: Representatives Faircloth, Folwell, H. Warren, and Shepard (Primary Sponsors).
For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to: Judiciary Subcommittee B.
March 23, 2011
*H427-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE FOR THE SEIZURE, FORFEITURE, AND SALE OF MOTOR 2 VEHICLES USED BY DEFENDANTS IN FELONY CASES INVOLVING SPEEDING 3 TO ELUDE ARREST. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 20-28.3 reads as rewritten: 6
Ҥ 20-28.3. Seizure, impoundment, forfeiture of motor vehicles for offenses involving 7 impaired driving while license revoked or without license and 8 insurance.insurance, and for felony speeding to elude arrest. 9
(a) Motor Vehicles Subject to Seizure.Seizure for Impaired Driving Offenses. – A 10 motor vehicle that is driven by a person who is charged with an offense involving impaired 11 driving is subject to seizure if: 12
(1) At the time of the violation, the drivers license of the person driving the 13 motor vehicle was revoked as a result of a prior impaired driving license 14 revocation as defined in G.S. 20-28.2(a); or 15
(2) At the time of the violation: 16
a. The person was driving without a valid drivers license, and 17
b. The driver was not covered by an automobile liability policy. 18
For the purposes of this subsection, a person who has a complete defense, pursuant to 19 G.S. 20-35, to a charge of driving without a drivers license, shall be considered to have had a 20 valid drivers license at the time of the violation. 21
(a1) Motor Vehicles Subject to Seizure for Felony Speeding to Elude Arrest. – A motor 22 vehicle is subject to seizure if it is driven by a person who is charged with the offense of felony 23 speeding to elude arrest pursuant to G.S. 20-141.5(b). 24
(b) Duty of Officer. – If the charging officer has probable cause to believe that a motor 25 vehicle driven by the defendant may be subject to forfeiture under this section, the officer shall 26 seize the motor vehicle and have it impounded. If the officer determines prior to seizure that the 27 motor vehicle had been reported stolen, the officer shall not seize the motor vehicle pursuant to 28 this section. If the officer determines prior to seizure that the motor vehicle was a rental vehicle 29 driven by a person not listed as an authorized driver on the rental contract, the officer shall not 30 seize the motor vehicle pursuant to this section, but shall make a reasonable effort to notify the 31 owner of the rental vehicle that the vehicle was stopped and that the driver of the vehicle was 32 not listed as an authorized driver on the rental contract. Probable cause may be based on the 33 officer’s personal knowledge, reliable information conveyed by another officer, records of the 34 Division, or other reliable source.sources. The seizing officer shall notify the executive agency 35
General Assembly of North Carolina Session 2011
Page 2 House Bill 427-First Edition
designated under subsection (b1) of this section Division as soon as practical but no later than 1 24 hours after seizure of the motor vehicle of the seizure in accordance with procedures 2 established by the executive agency designated under subsection (b1) of this section. 3
(b1) Written Notification of Impoundment. – Within 48 hours of receipt within regular 4 business hours of the notice of seizure, an executive agency designated by the Governor shall 5 issue written notification of impoundment to the Division, the Division shall issue written 6 notification of impoundment to any lienholder of record and to any motor vehicle owner who 7 was not operating the motor vehicle at the time of the offense. A notice of seizure received 8 outside regular business hours shall be considered to have been received at the start of the next 9 business day. The notification of impoundment shall be sent by first-class mail to the most 10 recent address contained in the Division’s records. If the motor vehicle is registered in another 11 state, notice shall be sent to the address shown on the records of the state where the motor 12 vehicle is registered. This written notification shall provide notice that the motor vehicle has 13 been seized, state the reason for the seizure and the procedure for requesting release of the 14 motor vehicle. Additionally, if the motor vehicle was damaged while the defendant operator 15 was committing an offense involving impaired driving while the operator was committing an 16 offense resulting in seizure or incident to the seizure, the agency Division shall issue written 17 notification of the seizure to the owner’s insurance company of record and to any other 18 insurance companies that may be insuring other motor vehicles involved in the accident. The 19 Division shall prohibit title to a seized motor vehicle from being transferred by a motor vehicle 20 owner unless authorized by court order. 21
… 22
(k) County Board of Education Right to Appear and Participate in Proceedings. – The 23 attorney for the county board of education shall be given notice of all proceedings regarding 24 offenses involving impaired driving related to a motor vehicle subject to forfeiture.forfeiture 25 under this section. However, the notice requirement under this subsection does not apply to 26 proceedings conducted under G.S. 20-28.3(e1). The attorney for the county board of education 27 shall also have the right to appear and to be heard on all issues relating to the seizure, 28 possession, release, forfeiture, sale, and other matters related to the seized vehicle under this 29 section. With the prior consent of the county board of education, the district attorney may 30 delegate to the attorney for the county board of education any or all of the duties of the district 31 attorney under this section. Clerks of superior court, law enforcement agencies, and all other 32 agencies with information relevant to the seizure, impoundment, release, or forfeiture of motor 33 vehicles are authorized and directed to provide county boards of education with access to that 34 information and to do so by electronic means when existing technology makes this type of 35 transmission possible. 36
(l) Payment of Fees Upon Conviction. – If the driver of a motor vehicle seized pursuant 37 to this section is convicted of an offense involving impaired driving, of the underlying offense 38 leading to the seizure of a motor vehicle pursuant to this section, the defendant shall be ordered 39 to pay as restitution to the county board of education, the motor vehicle owner, or the 40 lienholder the cost paid or owing for the towing, storage, and sale of the motor vehicle to the 41 extent the costs were not covered by the proceeds from the forfeiture and sale of the motor 42 vehicle. If the underlying offense is for felony speeding to elude arrest pursuant to 43 G.S. 20-141.5(b), and the conviction is based on a plea agreement or a reduced charge to 44 misdemeanor speeding to elude arrest pursuant to G.S. 20-141.5(a), the defendant shall be 45 ordered to pay as restitution to the county board of education, the motor vehicle owner, or the 46 lienholder the cost paid or owing for the towing and storage of the motor vehicle. In addition, a 47 civil judgment for the costs under this section in favor of the party to whom the restitution is 48 owed shall be docketed by the clerk of superior court. If the defendant is sentenced to an active 49 term of imprisonment, the civil judgment shall become effective and be docketed when the 50 defendant’s conviction becomes final. If the defendant is placed on probation, the civil 51
General Assembly of North Carolina Session 2011
House Bill 427-First Edition Page 3
judgment in the amount found by a judge during the probation revocation or termination 1 hearing to be due shall become effective and be docketed by the clerk when the defendant’s 2 probation is revoked or terminated. 3
….” 4
SECTION 2. G.S. 20-141.5 reads as rewritten: 5
Ҥ 20-141.5. Speeding to elude arrest. 6
… 7
(f) Each law enforcement agency shall adopt a policy applicable to the pursuit of 8 fleeing or eluding motorists. Each policy adopted pursuant to this subsection shall specifically 9 include factors to be considered by an officer in determining when it is advisable to break off a 10 chase to stop and apprehend a suspect. to initiate or terminate a pursuit. The Attorney General 11 shall develop a model policy or policies to be considered for use by law enforcement agencies. 12
(g) If a person is convicted of a violation of subsection (b) of this section, the motor 13 vehicle that was driven by the defendant at the time the defendant committed the offense of 14 felony speeding to elude arrest becomes property subject to forfeiture in accordance with the 15 procedure set out in G.S. 20-28.3. In applying the procedure set out in G.S. 20-28.3, an owner 16 or a holder of a security interest is considered an innocent party with respect to a motor vehicle 17 subject to forfeiture under this subsection if the defendant drove the motor vehicle without the 18 consent of the owner or the holder of the security interest.” 19
SECTION 3. This act becomes effective October 1, 2011, and applies to offenses 20 committed on or after that date. 21
