GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 246
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Short Title: Liam's Law. |
(Public) |
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Sponsors: |
Representative Torbett. For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Judiciary 2, if favorable, Rules, Calendar, and Operations of the House |
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March 3, 2025
A BILL TO BE ENTITLED
AN ACT to increase the penalties for reckless driving or street racing that causes serious injury or death and to increase the penalties for hit and run offenses that result in death.
The General Assembly of North Carolina enacts:
part i. increase the penalties for reckless driving or street racing that causes serious injury or death
SECTION 1. G.S. 20‑140 reads as rewritten:
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(g) Any person who violates this section is guilty of a Class 1 misdemeanor if the reckless driving causes serious injury.
(h) Any person who violates this section is guilty of a Class I felony if the reckless driving causes serious bodily injury as defined in G.S. 14‑32.4."
part ii. INCREASE THE PENALTIES FOR HIT AND RUN OFFENSES THAT RESULT IN DEATH
SECTION 2.(a) G.S. 20‑17(a)(4) is repealed.
SECTION 2.(b) G.S. 20‑141.3 reads as rewritten:
"§ 20‑141.3. Unlawful racing on streets and highways.
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(c) It shall be unlawful for
any person to authorize or knowingly permit a motor vehicle owned by him or
under his the person's control to be operated on a public street,
highway, or thoroughfare in prearranged speed competition with another motor
vehicle, or to place or receive any bet, wager, or other thing of value from
the outcome of any prearranged speed competition on any public street, highway,
or thoroughfare. Any person violating the provisions of this subsection shall
be guilty of a Class 1 misdemeanor.
(c1) Any person who violates subsection (a), (b), or (c) of this section is guilty of a Class F felony if the speed competition causes serious injury.
(c2) Any person who violates subsection (a), (b), or (c) of this section is guilty of a Class B2 felony if the speed competition causes a death.
(d) The Commissioner of Motor
Vehicles shall revoke shall:
(1) Revoke the driver's license or privilege to
drive of every person convicted of violating the provisions of subsection (a)
or subsection (c) of this section, said revocation to be section for
three years; provided any years. Any person whose license has
been revoked under this section may apply for a new license after 18 months
from revocation. Upon filing of such application the Division may issue a
new license upon satisfactory proof that the former licensee has been of good
behavior for the past 18 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 three‑year
revocation period, which period shall be computed from the date of the original
revocation.
(2) Revoke the driver's license or privilege to drive of every person convicted of violating subsection (c1) of this section for four years. Any person whose license has been revoked under this subsection may apply for a new license after three years from revocation.
(3) Revoke the driver's license or privilege to drive of every person convicted of violating subsection (c2) of this section permanently. Any person whose license has been revoked under this subsection may apply for a new license after seven years from revocation.
(d1) Upon filing of an application for a new license pursuant to subsection (d) of this section, the Division may issue a new license upon satisfactory proof that the former licensee has been of good behavior during the revocation period and that the applicant's conduct and attitude entitle the applicant to favorable consideration. The Division may impose terms and conditions upon the new license for the balance of the revocation period. When the revocation period is permanent, the restrictions and conditions imposed by the Division may not exceed three years.
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(g) The following provisions apply to this section:
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(3) Upon conviction of the
operator of said motor vehicle of a violation of subsection (a) of this section
or in violation of G.S. 20‑141.10, 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 a prearranged speed competition with another motor vehicle
on a street or highway or in a street takeover 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 upon
request, be entitled to a trial by jury upon such issues.
…."
SECTION 2.(c) G.S. 20‑166 reads as rewritten:
"§ 20‑166. Duty to stop in event of a crash; furnishing information or assistance to injured person, etc.; persons assisting exempt from civil liability.
(a) The driver of any vehicle who knows or reasonably should know:
(1) That the vehicle which he or she is operating is involved in a crash; and
(2) That the crash has resulted in serious bodily injury, as defined in G.S. 14‑32.4, or death to any person;
shall immediately stop his or her the
driver's vehicle at the scene of the crash. The driver shall remain with
the vehicle at the scene of the crash until a law‑enforcement officer
completes the investigation of the crash or authorizes the driver to leave and
the vehicle to be removed, unless remaining at the scene places the driver or others
at significant risk of injury.
Prior to the completion of the
investigation of the crash by a law enforcement officer, or the consent of the
officer to leave, the driver may not facilitate, allow, or agree to the removal
of the vehicle from the scene for any purpose other than to call for a law
enforcement officer, to call for medical assistance or medical treatment as set
forth in subsection (b) of this section, or to remove oneself or others from
significant risk of injury. If the driver does leave for a reason permitted by
this subsection, then the driver must return with the vehicle to the accident
scene within a reasonable period of time, unless otherwise instructed by a law
enforcement officer. A willful violation of this subsection shall be punished
as a Class F felony.A willful violation of this subsection is punishable
as follows:
(1) Any person convicted of a violation of this subsection is guilty of a Class F felony unless the crash results in the death of another person.
(2) Any person convicted of a violation of this subsection is guilty of a Class D felony if the crash results in the death of another person.
(a1) The driver of any vehicle who knows or reasonably should know:
(1) That the vehicle which he or she is operating is involved in a crash; and
(2) That the crash has resulted in injury;
shall immediately stop his or her the
driver's vehicle at the scene of the crash. The driver shall remain with
the vehicle at the scene of the crash until a law enforcement officer completes
the investigation of the crash or authorizes the driver to leave and the
vehicle to be removed, unless remaining at the scene places the driver or
others at significant risk of injury.
Prior to the completion of the investigation of the crash by a law enforcement officer, or the consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the vehicle from the scene for any purpose other than to call for a law enforcement officer, to call for medical assistance or medical treatment as set forth in subsection (b) of this section, or to remove oneself or others from significant risk of injury. If the driver does leave for a reason permitted by this subsection, then the driver must return with the vehicle to the crash scene within a reasonable period of time, unless otherwise instructed by a law enforcement officer. A willful violation of this subsection shall be punished as a Class H felony.
(b) In addition to
complying with the requirements of subsections (a) and (a1) of this section, the
driver as set forth in subsections (a) and (a1) Any driver required to
stop at the scene of a crash pursuant to subsection (a) or (a1) of this section
shall give his or her additionally provide the following information
to the person struck and the driver or occupants of any vehicle collided with,
unless those individuals are physically or mentally incapable of receiving
information: (i) the driver's name, address, driver's license number and (ii)
the license plate number of the vehicle to the person struck or the
driver or occupants of any vehicle collided with, provided that the person or
persons are physically and mentally capable of receiving such information, and shall
driver's vehicle. The driver shall also render reasonable assistance
to any person injured in such crash reasonable assistance, including the
injured person. Reasonable assistance includes calling for medical
assistance if it is apparent that such assistance is necessary or is requested
by the injured person. A violation of this subsection is a Class 1 misdemeanor.
(c) The driver of any vehicle, when the driver knows or reasonably should know that the vehicle which the driver is operating is involved in a crash which results:
(1) Only in damage to property; or
(2) In injury or death to any person, but only if the operator of the vehicle did not know and did not have reason to know of the death or injury;
shall immediately stop the vehicle at the scene of the crash. If the crash is a reportable crash, the driver shall remain with the vehicle at the scene of the crash until a law enforcement officer completes the investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury.
Prior to the completion of the investigation of the crash by a law enforcement officer, or the consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the vehicle from the scene, for any purpose other than to call for a law enforcement officer, to call for medical assistance or medical treatment, or to remove oneself or others from significant risk of injury. If the driver does leave for a reason permitted by this subsection, then the driver must return with the vehicle to the accident scene within a reasonable period of time, unless otherwise instructed by a law enforcement officer. A willful violation of this subsection is a Class 1 misdemeanor.
(c1) In addition to
complying with the requirement of subsection (c) of this section, the driver as
set forth in subsection (c) Any driver required to stop at the scene of
a crash pursuant to subsection (c) of this section shall give his or her
additionally provide the following information to the driver or
occupants of any other vehicle involved in the crash or to any person whose
property is damaged in the crash: (i) the driver's name, address, driver's
license number and (ii) the license plate number of his vehicle to the
driver or occupants of any other vehicle involved in the crash or to any person
whose property is damaged in the crash. the driver's vehicle. If the
damaged property is a parked and unattended vehicle and the name and location
of the owner is not known to or readily ascertainable by the driver of the
responsible vehicle, the driver shall furnish the information required by this
subsection to the nearest available peace officer, or, in the alternative, and
provided the driver thereafter within 48 hours fully complies with G.S. 20‑166.1(c),
shall immediately place a paper‑writing containing the information in a
conspicuous place upon or in the damaged vehicle. If the damaged property is a
guardrail, utility pole, or other fixed object owned by the Department of
Transportation, a public utility, or other public service corporation to which
report cannot readily be made at the scene, it shall be sufficient if the
responsible driver shall furnish the information required to the nearest peace
officer or make written report thereof containing the information by U.S.
certified mail, return receipt requested, to the North Carolina Division of
Motor Vehicles within five days following the collision. A violation of this
subsection is a Class 1 misdemeanor.
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(e) The Division of Motor
Vehicles shall revoke shall:
(1) Revoke the drivers license of a person convicted of violating subsection (a) of this section for a period of four years unless the crash results in the death of another person. Any person whose license has been revoked under this subdivision may apply for a new license after three years from revocation.
(2) Revoke the drivers license of a person convicted of violating subsection (a) of this section permanently if the crash results in the death of another person. Any person whose license has been revoked under this subdivision may apply for a new license after seven years from revocation.
(3) Revoke the drivers license of a person
convicted of violating subsection (a) or (a1) or (b) of this
section for a period of one year, unless the court makes a finding that a
longer period of revocation is appropriate under the circumstances of the case.
If the court makes this finding, the Division of Motor Vehicles shall revoke
that person's drivers license for two years. Upon a first conviction only for a
violation of subsection (a1) or (b) of this section, a trial judge may
allow limited driving privileges in the manner set forth in G.S. 20‑179.3(b)(2)
during any period of time during which the drivers license is revoked. Any
person whose license has been revoked under this subdivision may apply for a
new license after a year from revocation.
(e1) Upon filing of an application for a new license pursuant to subsection (e) of this section, the Division may issue a new license upon satisfactory proof that the former licensee has been of good behavior during the revocation period and that the applicant's conduct and attitude entitle the applicant to favorable consideration. The Division may impose terms and conditions upon the new license for the balance of the revocation period. When the revocation period is permanent, the restrictions and conditions imposed by the Division may not exceed three years."
SECTION 2.(d) G.S. 20‑179.3(b)(2) reads as rewritten:
"(2) Any person whose
licensing privileges are forfeited pursuant to G.S. 15A‑1331.1 G.S. 15A‑1331.1,
20‑166(a1), or 20‑166(b) is eligible for a limited driving
privilege if the court finds that at the time of the forfeiture, the person
held either a valid drivers license or a drivers license that had been expired
for less than one year and either of the following requirements is met:
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part III. Effective date
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses committed on or after that date.