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NC H211
Bill
Status
Introduced
2/27/2023
Primary Sponsor
Mike Clampitt
Click for details
AI Summary
- Removes mitigating factors in impaired driving sentencing that applied specifically to alcohol-related impairment, striking language that previously allowed consideration of "slight impairment from alcohol" with blood alcohol concentration not exceeding 0.09
- Eliminates the mitigating factor for slight alcohol impairment when no chemical analysis was available to the defendant
- Retains mitigating factors unrelated to alcohol type, including safe driving records, lawfully prescribed drugs, mental health treatment, substance abuse assessment completion with 60 days continuous abstinence, and other relevant factors
- Effective December 1, 2023, applying only to offenses committed on or after that date
- Reflects legislative intent that alcohol-based impairment should not receive preferential mitigation treatment compared to impairment from other substances
Legislative Description
DWI Sentencing/Mitigating Factors
Alcoholic Beverages; Controlled Substances; Courts; Crimes; Criminal Procedure; Dwi; Motor Vehicles; Public; Sentencing; Traffic
Last Action
Re-ref to the Com on Judiciary 1, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House
6/22/2023
Committee Referrals
Judiciary I6/22/2023
Judiciary II2/28/2023
Full Bill Text
No bill text available