GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 87

HOUSE BILL 121

 

AN ACT TO AMEND G.S. 20-16.2 RELATING TO MANDATORY REVOCATION OF LICENSE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 20-16.2(d), as the same is found in Volume 1C of the General Statutes, 1981 Cumulative Supplement, is hereby amended by:

(a)       Striking the words "within three days of receipt of notice of revocation" appearing in lines 3 and 4 immediately after the word "writing" and before the word "a" and inserting in lieu thereof the words "prior to effective date of revocation."

(b)       Rewriting the fourth sentence thereof, which begins on line 8 with the word "The", to read as follows:

"The hearing shall be conducted in the judicial district where the arrest was made. Hearings shall be rotated among all the counties in the judicial district where the arrest was made if the judicial district contains more than one county. The hearing shall be conducted under the provisions of G.S. 20-16(d) except that the scope of such hearing for the purpose of this section shall cover the issues of whether the law enforcement officer had reasonable grounds to believe the person had been driving or operating a motor vehicle upon a highway or public vehicular area while under the influence of alcoholic beverages, whether the person was placed under arrest, and whether he willfully refused to submit to the test upon the request of the officer."

Sec. 2.  This act shall become effective October 1, 1983.

In the General Assembly read three times and ratified, this the 22nd day of March, 1983.