GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 750

Short Title:  Fleeing Vehicles Amendments.	(Public)
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Sponsors: Senators Martin of Guilford; Allran, Ballance, Barker, Block, Conder, Daniel, Harris, Rauch, and Shaw.
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Referred to:  Judiciary I.
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April 3, 1989

A BILL TO BE ENTITLED
AN ACT TO MODIFY THE LAW APPLYING TO VEHICLES FLEEING TO ELUDE ARREST.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-141(j) reads as rewritten:
"(j)	Any person convicted of violating this section by operating a vehicle on a street or highway in excess of 55 miles per hour and at least 15 miles per hour over the legal limit while fleeing or attempting to elude arrest or apprehension by a law-enforcement officer with authority to enforce the motor vehicle laws shall be punished in the following manner:
(1)	Upon a first conviction only for fleeing or attempting to elude arrest or apprehension by a law-enforcement officer with authority to enforce the motor vehicle laws, the person is guilty of a misdemeanor and shall be punished both by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1000) and imprisonment of not less than 30 days nor more than two years.
	For purposes of determining whether the conviction is a first conviction, no prior offense occurring more than seven years before the date of the current offense shall be considered.
	The term of imprisonment may be suspended only if conditions of special probation are imposed to require the defendant to:
a.	Serve a term of imprisonment of at least seven days; and
b.	Perform community service for a term of at least seven days (56 hours); and
c. 	Comply with any other lawful conditions of probation imposed by the judge.
	Failure to complete the community service requirement within 90 days of conviction is a violation of the defendant's probation.
	This subdivision does not affect the right of the defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c).
(2)	A defendant who has been previously convicted one or more times of fleeing or attempting to elude arrest or apprehension by a law-enforcement officer with authority to enforce the motor vehicle laws for an offense occurring during the seven years immediately prior to the date of the current offense is guilty of a misdemeanor and shall be punished by both a fine of not less than one hundred dollars ($100.00) nor more than two thousand dollars ($2,000) and imprisonment of not less than 60 days nor more than two years.
	For purposes of determining whether the conviction is a first conviction, no prior offense occurring more than seven years before the date of the current offense shall be considered.
	The term of imprisonment may be suspended only if conditions of special probation are imposed to require the defendant to:
a.	Serve a term of imprisonment of at least 14 days; and
b.	Perform community service for a term of at least 14 days (112 hours); and
c. 	Comply with any other lawful conditions of probation imposed by the judge.
	Failure to complete the community service requirement within 180 days of conviction is a violation of the defendant's probation.
	This subdivision does not affect the right of the defendant to elect to serve the suspended sentence of imprisonment as provided in G.S. 15A-1341(c).
(3)	The punishments in subdivisions (1) and (2) of this subsection are subject to the following requirements:
a.	At sentencing, the prosecutor must make all feasible efforts to secure the defendant's full driving record of traffic conviction, and must present to the judge that record for consideration.
	Upon request of the defendant, the prosecutor must furnish the defendant or his attorney a copy of the defendant's record of traffic convictions at a reasonable time prior to the introduction of the record.
	The judge may accept any evidence as to the presence or absence of previous convictions that he finds reliable but he must give prima facie effect to the convictions recorded by the Division or any other agency of the State of North Carolina.
	A copy of conviction records transmitted by the Police Information Network, in general accordance with the procedure authorized by G.S. 20-26(b), is admissible in evidence without further authentication.
b.	With respect to the period of any active term of imprisonment, the defendant must serve the mandatory minimum period of imprisonment and good time or gain time credit may not be used to reduce that mandatory minimum period.  Further, the defendant may not be released on parole unless he is otherwise eligible and has served the mandatory minimum period of imprisonment.
c.	For purposes of subdivisions (1) and (2) of this subsection, ‘conviction' includes a guilty verdict, guilty plea, plea of no contest, or anything that would be treated as a conviction under G.S. 20-24(c).
(4)	The Commissioner of Motor Vehicles shall revoke the driver's license or privilege to drive of every person convicted of violating the provisions of subsection (j) of this section, with the revocation being for two years; provided any person whose license has been revoked under this subdivision may apply for a new license after 12 months from revocation. Upon filing of an application for reinstatement of a license the Division may issue a new license upon satisfactory proof that the former licensee has been of good behavior for the past 12 months and that his conduct and attitude are such as to entitle him to favorable consideration and upon such terms and conditions which the Division may see fit to impose for the balance of the two-year revocation period, which period shall be computed from the date of the original revocation.  All suspensions and revocations made pursuant to the provisions of this subsection shall be in the same form and manner and shall be subject to all procedures as now provided for suspensions and revocations made under the provisions of Article 2 of Chapter 20 of the General Statutes.
(5)	When any officer of the law discovers that any person has operated or is operating a motor vehicle while fleeing or attempting to elude arrest or apprehension by a law-enforcement officer with authority to enforce the motor vehicle laws, he shall seize the motor vehicle and deliver the same to the sheriff of the county in which such offense is committed, or the same shall be placed under said sheriff's constructive possession if delivery of actual possession is impractical, and the vehicle shall be held by the sheriff pending the trial of the person or persons arrested for operating such motor vehicle in violation of subsection (j) of this section. The sheriff shall restore the seized motor vehicle to the owner upon execution by the owner of a good and valid bond, with sufficient sureties, in an amount double the value of the property, which bond shall be approved by said sheriff and shall be conditioned  on the return of the motor vehicle to the custody of the sheriff on the day of trial of the person or persons accused. Upon the acquittal of the person charged with operating said motor vehicle eluding a law-enforcement officer, the sheriff shall return the motor vehicle to the owner thereof.  Notwithstanding the provisions for sale set out above, on petition by a lienholder, the court, in its discretion and upon such terms and  conditions as it may prescribe, may allow reclamation of the vehicle by the lienholder. The lienholder shall file with the court an accounting of the proceeds of any subsequent sale of the vehicle and pay into the court any proceeds received in excess of the amount of the lien.  Upon conviction of the operator of said motor vehicle of a violation of subsection (j) of this section, the court shall order a sale at public auction of said motor vehicle and the officer making the sale, after deducting the expenses of keeping the motor vehicle, the fee for the seizure, and the costs of the sale, shall pay all liens, according to their priorities, which are established, by intervention or otherwise, at said hearing or in other proceeding brought for said purpose, as being bona fide, and shall pay the balance of the proceeds to the proper officer of the county who receives fines and forfeitures to be used for the school fund of the county. All liens against a motor vehicle sold under the provisions of this section shall be transferred from the motor vehicle to the proceeds of its sale. If, at the time of hearing, or other proceeding in which the matter is considered, the owner of the vehicle can establish to the satisfaction of the court that said motor vehicle was used in eluding a law-enforcement officer without the knowledge or consent of the owner, and that the owner had no reasonable grounds to believe that the motor vehicle would be used for such purpose, the court shall not order a sale of the vehicle but shall restore it to the owner, and the said owner shall, at his request, be entitled to a trial by jury upon such issues.  If the owner of said motor vehicle cannot be found, the taking of  the same, with a description thereof, shall be advertised in some newspaper published in the city or county where taken, or, if there be no newspaper published in such city or county, in a newspaper having circulation in the county, once a week for two weeks and by handbills posted in three public places near the place of seizure, and if said owner shall not appear within 10 days after the last publication of the advertisement, the property shall be sold, or otherwise disposed of in the manner set forth in this section.  When any vehicle confiscated under the provisions of this section  is found to be specially equipped or modified from its original manufactured condition so as to increase its speed, the court shall, prior to sale, order that the special equipment or modification be removed and destroyed and the vehicle restored to its original manufactured condition. However, if the court should find that such equipment and modifications are so extensive that it would be impractical to restore said vehicle to its original manufactured condition, then the court may order that the vehicle be turned over to such governmental agency or public official within the territorial jurisdiction of the court as the court shall see fit, to be used in the performance of official duties only, and not for resale, transfer, or disposition other than as junk: Provided, that nothing herein contained shall affect the rights of lienholders and other claimants to said vehicles as set out in this section.
(6)	Proof that a motor vehicle has been used in an offense of fleeing or attempting to elude arrest or apprehension by a law-enforcement officer with authority to enforce the motor vehicle laws in violation of subsection (j) of this section is prima facie evidence that the motor vehicle was operated at the time of the violation by the registered owner of the vehicle."
Sec. 2.  This act shall become effective October 1, 1989.