Title: H615 [Filed]
Category: Bill Draft

General Assembly of North Carolina	Session 2013

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H	D
HOUSE DRH80227-ML-15A  (12/10)

Short Title:	Remove Revocation for DWLR/No PJC. | (Public)
Sponsors: | Representatives Ramsey and Baskerville (Primary Sponsors).
Referred to: |

A BILL TO BE ENTITLED
AN ACT to repeal the punishment of revoking a person's drivers license for committing certain driving while license revoked offenses; to prevent a person who is guilty of driving while license revoked from receiving a prayer for judgment continued; to make driving while license revoked a non‑moving violation for certain purposes; and to make other conforming changes.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑28 reads as rewritten:
"§ 20‑28.  Unlawful to drive while license revoked, after notification, or while disqualified.
(a)	Driving While License Revoked. – Except as provided in subsection (a1) of this section, any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 1 misdemeanor. If the person's drivers license was revoked for an impaired driving license revocation as defined in G.S. 20‑28.2(a) or pursuant to G.S. 20‑16(a)(5) or the person was charged with violating this subsection based upon a violation of any restriction of G.S. 20‑179.3 or any restriction relating to the installation or use of an ignition interlock pursuant to G.S. 20‑17.8, upon conviction of violating this subsection, the person's license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense.
If the person's license was originally revoked for an impaired driving revocation, the court may order as a condition of probation that the offender abstain from alcohol consumption and verify compliance by use of a continuous alcohol monitoring system, of a type approved by the Division of Adult Correction of the Department of Public Safety, for a minimum period of 90 days.
The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license.
A person who violates this subsection shall not receive a prayer for judgment continued under any circumstances.
…
(c)	When Person May Apply for License. – A person whose license has been revoked may apply for a license as follows:
(1)	If revoked under subsection (a) of this section for one year, the person may apply for a license after 90 days.
(2)	If punished under subsection (a1) of this section and the original revocation was pursuant to G.S. 20‑16.5, in order to obtain reinstatement of a drivers license, the person must obtain a substance abuse assessment and show proof of financial responsibility to the Division. If the assessment recommends education or treatment, the person must complete the education or treatment within the time limits specified by the Division.
(3)	If revoked under subsection (a2) of this section for one year, the person may apply for a license after one year.
(4)	If revoked under this section for two years, the person may apply for a license after one year.
(5)	If revoked under this section permanently, the person may apply for a license after three years.
(c1)	Upon the filing of an application the Division may, with or without a hearing, issue a new license upon satisfactory proof that the former licensee has not been convicted of a moving violation under this Chapter or the laws of another state, a violation of any provision of the alcoholic beverage laws of this State or another state, or a violation of any provisions of the drug laws of this State or another state when any of these violations occurred during the revocation period. For purposes of this subsection, a violation of subsection (a) of this section that does not require an additional period of license revocation shall not be considered a moving violation.
…
(c3)	A person whose license is revoked for violation of subsection (a) of this section where the person's license was originally revoked for an impaired driving license revocation as defined in G.S. 20‑28.2(a), or the person was charged with violating subsection (a) of this section based upon a violation of any restriction of G.S. 20‑179.3 or any restriction relating to the installation or use of an ignition interlock pursuant to G.S. 20‑17.8, or a person whose license is revoked for a violation of subsection (a2) of this section, may only have the license conditionally restored by the Division pursuant to the provisions of subsection (c4) of this section.
…."
SECTION 2.  G.S. 20‑28.1(a) reads as rewritten:
"(a)	Upon receipt of notice of conviction of any person of a motor vehicle moving offense, such offense having been committed while such person's driving privilege was in a state of suspension or revocation, the Division shall revoke such person's driving privilege for an additional period of time as set forth in subsection (b) hereof. For purposes of this subsection, the following shall not be considered a "motor vehicle moving offense":
(1)	A violation of G.S. 20‑28(a) that does not require an additional period of license revocation.
(2)	A violation of G.S. 20‑28(a1).
(3)	A violation of G.S. 20‑7 for driving a motor vehicle without a regular drivers license."
SECTION 3.  G.S. 20‑20.1(b) reads as rewritten:
"(b)	Eligibility. – A person is eligible to apply for a limited driving privilege under this section if all of the following conditions apply:
(1)	The person's license is currently revoked under G.S. 20‑28(a) or G.S. 20‑28.1.
(2)	The person has complied with the revocation for the period required in subsection (c) of this section immediately preceding the date the person files a petition for a limited driving privilege under this section.
(3)	The person's underlying offense is not an offense that would result in an impaired driving license revocation as defined in G.S. 20‑28.2(a), or an offense involving a violation of any restriction of G.S. 20‑179.3 or any restriction relating to the installation or use of an ignition interlock pursuant to G.S. 20‑17.8, and, if the person's license is revoked under G.S. 20‑28.1 for committing a motor vehicle moving offense while driving with a revoked license, the moving offense is not an offense involving impaired driving.
(4)	The revocation period for the underlying offense has expired.
(5)	The revocation under G.S. 20‑28(a) or G.S. 20‑28.1 is the only revocation in effect.
(6)	The person is not eligible to receive a limited driving privilege under any other law.
(7)	The person has not held a limited driving privilege issued under this section at anytime during the three years prior to the date the person files the current petition.
(8)	The person has no pending charges for any motor vehicle offense in this or in any other state and has no unpaid motor vehicle fines or penalties in this or in any other state.
(9)	The person's drivers license issued by another state has not been revoked by that state.
(10)	G.S. 20‑9(e) or G.S. 20‑9(f) does not prohibit the Division from issuing the person a license."
SECTION 4.  This act becomes effective December 1, 2013, and applies to offenses on or after that date.

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