GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 791

Short Title:  Three Strikes and You Walk.	(Public)

─────────────────────────────────────── 
Sponsors: Representatives Hunt; Black, Brawley, J. Brown, Buchanan, Church, Culpepper, Daughtry, Decker, Gardner, Hensley, Hill, Howard, Justus, Locke, Luebke, McCombs, G. Miller, Mitchell, Morgan, Neely, Richardson, Rogers, Wilkins, and Wood.

─────────────────────────────────────── 
Referred to:  Judiciary II.

─────────────────────────────────────── 

April 10, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT CONVICTION OF THIRD OR SUBSEQUENT DRIVING WHILE IMPAIRED MAKES MOTOR VEHICLE SUBJECT TO FORFEITURE.
The General Assembly of North Carolina enacts:
Section 1.  The catch line for G.S. 20-28.2 reads as rewritten:
"§ 20-28.2.  Forfeiture of motor vehicle for impaired driving after impaired driving license revocation and after third or subsequent conviction for driving while impaired."
Sec. 2.  G.S. 20-28.2(b) reads as rewritten:
"(b)	When Motor Vehicle Becomes Property Subject to Forfeiture. – If at a sentencing hearing conducted pursuant to G.S. 20-179 the judge determines that:
(1)	The grossly aggravating factor described in G.S. 20-179(c)(2) applies; or
(2)	The defendant has two or more prior convictions for offenses involving impaired driving described in G.S. 20-179(c)(1);
the motor vehicle that was driven by the defendant at the time he committed the offense of impaired driving becomes property subject to forfeiture."
Sec. 3.  This act becomes effective December 1, 1995.