GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	2 

SENATE BILL 123*
Select Committee on Courts Committee Substitute Adopted 2/24/94

Short Title:  Limit Privileges for Criminals.	(Public)
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Sponsors:
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Referred to: Finance; re-referred to Appropriations.
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February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE FORFEITURE OR RESTRICTION OF CERTAIN CITIZENSHIP PRIVILEGES OF AN INDIVIDUAL CONVICTED OF A CRIME.
Whereas, the rights and privileges of citizenship are interrelated with the responsibilities of citizenship; and
Whereas, it is the policy of this State that conviction of a crime connotes such irresponsibility as to justify forfeiture of privileges as well as forfeiture of rights; and
Whereas, licensing by the State and its subdivisions for various activities, such as regular and commercial drivers licenses, business and occupational licenses, and hunting and fishing licenses, is a matter of privilege and not of right; and
Whereas, although constitutional standards apply to every citizen's opportunity for licensing, primarily through due process and equal protection considerations, the people of North Carolina demand that every citizen demonstrate sufficient responsibility to retain licensing privileges; and 
Whereas, one who commits a crime does not demonstrate sufficient responsibility; and
Whereas, the State may require forfeiture or restriction of any licensing privilege upon a person's conviction of a crime; and
Whereas, to further the purposes of suspended sentences and probation and provide incentive for persons convicted of a crime to complete such sentences and accept responsibility for their conduct, trial courts particularly should be authorized to order forfeiture or restriction as a condition of a suspended sentence or probation and require forfeiture as to persons who do not consent to a suspended sentence or probation; and
Whereas, restoration of the privileges of citizenship should occur in the same manner as restoration of the rights of citizenship;  Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  Article 81 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-1331A.  Forfeiture or restriction of licensing privileges upon conviction of a crime.
(a)	The following definitions apply in this section:
(1)	Licensing agency. – Any department, division, agency, board, or other unit of State or local government that issues licenses for licensing privileges.
(2)	Licensing privilege. – The privilege of an individual to be authorized to engage in an activity as evidenced by a license. The term includes the privileges as evidenced by the following licenses: regular and commercial drivers licenses, occupational licenses, hunting licenses, and fishing licenses.  The term does not include the privileges of paying taxes as evidenced by a tax license issued under Chapter 105 of the General Statutes, Article 7 of Chapter 153A of the General Statutes, or Article 9 of Chapter 160A of the General Statutes.  The term does not include the privilege of marrying as evidenced by a marriage license.
(3)	Occupational license. – A licensure, permission, certification, or similar authorization required by statute or rule to practice an occupation or business.
(b)	Upon conviction of a crime, an individual automatically forfeits the individual's licensing privileges if any of the following occur:
(1)	The individual is offered a suspended sentence on condition the individual accepts probation and the individual refuses probation.
(2)	The individual's probation is revoked.
(c)	When an individual is convicted of a crime, the court may order the forfeiture of an individual's licensing privileges or impose restrictions on an individual's licensing privileges in the following circumstances:
(1)	When an individual is sentenced to an active term of imprisonment.
(2)	As a condition of probation.
(d)	The clerk of court shall notify as appropriate every licensing agency whenever an individual is convicted of a crime and the individual's licensing privileges are forfeited as a result of a conviction.  If the individual's licensing privileges are restricted as a result of a conviction, the clerk shall notify only those licensing agencies affected.  A licensing agency, upon receiving notice from the clerk of court, shall require the individual whose licensing privileges were forfeited or restricted to surrender the forfeited license issued by the agency.  If the individual's licensing privileges were restricted only, then the licensing agency shall restrict or require surrender of a license to the extent required by the restrictions.  A restricted licensing privilege may include a limited driving privilege.
(e)	An individual whose licensing privileges are forfeited under this section is not entitled to and shall not possess or have issued any license covered by this section until the individual's privileges of citizenship are restored in accordance with Chapter 13 of the General Statutes in the case of a felony, or the expiration of the forfeiture time period as specified in the court order in the case of a misdemeanor, except the court may, for good cause shown, allow earlier restoration, or restriction in place of forfeiture, upon application of an individual who is not serving an active sentence or who is on work release or postrelease supervision or parole.  Nothing in this section diminishes the authority of any licensing agency to determine the qualifications or fitness of any person licensed by the agency or applying to be licensed by the agency."
Sec. 2.  G.S. 15A-1344 is amended by adding a new subsection to read:
"( d2)	License Forfeiture in Response to Violation. – Upon a finding that a person sentenced to community punishment or intermediate punishment under Article 81B of this Chapter has violated one or more conditions of probation, the court may order the forfeiture of any regular or commercial drivers licenses issued to the person or of any license or permit issued by the Wildlife Resources Commission to the person.  Forfeiture under this subsection may be for up to three years. The clerk of court shall notify the appropriate licensing agency of the court's order."
Sec. 3.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-15.1.  Revocations when licensing privileges forfeited upon conviction of a crime.
The Division shall revoke the license of a person whose licensing privileges have been forfeited under G.S. 15A-1331A or G.S. 15A-1344(d2).  If a revocation period set by this Chapter is longer than the revocation period resulting from the forfeiture of licensing privileges, the revocation period in this Chapter applies."
Sec. 4.  G.S. 113-277 is amended by adding a new subsection to read:
"( a4)	The Wildlife Resources Commission shall order the surrender of any license or permit issued under this Article to a person whose licensing privileges have been forfeited under G.S. 15A-1331A or G.S. 15A-1344(d2) for the period specified by the court."
Sec. 5.  Section 2 of this act becomes effective on the same date that Section 56 of Chapter 538 of the 1993 Session Laws provides that that act becomes effective.  The remainder of this act becomes effective May 1, 1994, and applies to offenses committed on or after that date.