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NC S378
Bill
AI Summary
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Creates new offense of aggravated misdemeanor death by vehicle, classified as Class A1 misdemeanor with possible active or suspended sentence of up to 365 days regardless of defendant's prior conviction level.
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Requires that aggravated misdemeanor death by vehicle involve unintentional death caused during violation of state traffic laws (excluding impaired driving, improper equipment, financial responsibility, registration, and operator's license violations) and the violation must be proximate cause of death.
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Requires defendant to have three or more prior convictions for traffic violations within five years of the offense (excluding same excepted violations) to be charged with aggravated misdemeanor death by vehicle.
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Expands misdemeanor death by vehicle offense to include violations of G.S. 20-138.2 in addition to existing G.S. 20-138.1 impaired driving violations.
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Makes aggravated misdemeanor death by vehicle an implied-consent offense subject to procedures in G.S. 20-16.2, effective December 1, 2015 for offenses committed on or after that date.
Legislative Description
Increase Punishment/Misd. Death by Vehicle
Last Action
Conf Com Appointed
9/9/2015