AN ACT to create the OFFENSE OF felony death by VEHICLE for revoked impaired driving and to revoke the registration of all motor vehicles registered to a person convicted of felony death by vehicle for revoked impaired driving.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑141.4 reads as rewritten:

§ 20‑141.4.  Felony and misdemeanor death by motor vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle.vehicle; revoked driving felony death by vehicle.

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(a7)      Revoked Driving Felony Death by Vehicle. – A person commits the offense of revoked driving felony death by vehicle if:

(1)        The person unintentionally causes the death of another person,

(2)        The person was engaged in the violation of any State law or local ordinance applying to the operation or use of a motor vehicle or to the regulation of traffic, other than impaired driving under G.S. 20‑138.1,

(3)        The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death, and

(4)        At the time of the commission of the offense in subdivision (2) of this subsection, the person's drivers license was revoked for an impaired driving license revocation as defined in G.S. 20‑28.2(a).

(b)        Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:

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(6)        Revoked driving felony death by vehicle is a Class F felony. Notwithstanding the provisions of G.S. 15A‑1340.17, a person convicted of violating this offense shall be sentenced to a minimum active term of not less than 12 months of imprisonment, which shall not be suspended.

(c)        No Double Prosecutions. – No person who has been placed in jeopardy upon a charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by vehicle arising out of the same death.

SECTION 2.  G.S. 20‑19(e) reads as rewritten:

(e)      When a person's license is revoked under (i) G.S. 20‑17(a)(2) and the person has two or more previous offenses involving impaired driving for which the person has been convicted, and the most recent offense occurred within the five years immediately preceding the date of the offense for which the person's license is being revoked, (ii) G.S. 20‑17(a)(2) and the person was sentenced pursuant to G.S. 20‑179(f3) for the offense resulting in the revocation, or (iii) G.S. 20‑17(a)(9) due to a violation of G.S. 20‑141.4(a4), G.S. 20‑141.4(a4) or (a7), the revocation is permanent.

SECTION 3.  G.S. 20‑54.1 reads as rewritten:

§ 20‑54.1.  Forfeiture of right of registration.

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(a2)      Upon receipt of notice of conviction of a revoked driving felony death by vehicle offense under G.S. 20‑141.4(a7), the Division shall revoke the registration of all motor vehicles registered in the convicted person's name and shall not register a motor vehicle in the convicted person's name until the convicted person's license is restored. Upon receipt of notice of revocation of registration from the Division, the convicted person shall surrender the registration of all motor vehicles registered in the convicted person's name to the Division within 10 days of the date of the notice.

(b)        Upon receipt of a notice of conviction under subsection (a) or (a1) (a), (a1), or (a2) of this section, the Division shall revoke the registration of the motor vehicle seized, and the owner shall not be allowed to register the motor vehicle seized until the convicted operator's drivers license has been restored. The Division shall not revoke the registration of the owner of the seized motor vehicle if the owner is determined to be an innocent owner. The Division shall revoke the owner's registration only after the owner is given an opportunity for a hearing to demonstrate that the owner is an innocent owner as defined in G.S. 20‑28.2. Upon receipt of notice of revocation of registration from the Division, the owner shall surrender the registration on the motor vehicle seized to the Division within 10 days of the date of the notice.

SECTION 4.  This act becomes effective December 1, 2021, and applies to offenses committed on or after that date.