Bill Summaries: S292 (2013-2014 Session)

Tracking:
  • Bill S 292 (2013-2014)
    Summary date: May 13 2013 - View summary

    Senate committee substitute makes the following changes to the 1st edition.

    Amends GS 20-16.2(d) to clarify that a person whose license is administratively revoked under GS 20-16.2may request a hearing but that request does not stay the revocation of the person's license if the person has had a civil procedure under eitherthe procedures in subsection (e) or (f) of GS 20-16.5 and the judicial official (e) or the clerk (f) found that there was probable cause to believe that specified conditions concerning that the person willfully refused to submit to a chemical analysis. Also clarifies that the hearing officer may subpoena any witnesses or documents that the hearing officer believes necessary before a requested hearing.

    Amends the bill title.
    Motor Vehicle, Department of Transportation
    GS 20
  • Bill S 292 (2013-2014)
    Summary date: Mar 13 2013 - View summary

    Amends GS 20-16.2 (Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis) to allow a person to request a hearing, but provides that the request does not stay the revocation of the person's driver's license if a judicial official or clerk determines that there is probable cause to believe that each of following conditions have been met: (1) a law enforcement officer has reasonable grounds to believe that the person has committed an offense subject to the implied‑consent provisions of GS 20‑16.2, (2) the person is charged with that offense as provided in GS 20‑16.2(a), (3) the law enforcement officer and the chemical analyst comply with the procedures of GS 20‑16.2 and GS 20‑139.1 in requiring the person's submission to or procuring a chemical analysis, and (4) the person willfully refuses to submit to the chemical analysis. Makes conforming changes. Applies to offenses committed on or after September 1, 2013.
    Motor Vehicle, Department of Transportation
    GS 20

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