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No events on calendar for this bill.
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Ref To Com On Rules and Operations of the SenateSenate04/07/2021Passed 1st ReadingSenate04/07/2021FiledSenate04/06/2021
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FiledNo fiscal notes available.Edition 1No fiscal notes available.
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AOC
CIVIL PROCEDURE
COURT COSTS & FEES
COURTS
DMV
DRIVERS LICENSES
FEES
FINES & PENALTIES
ID SYSTEMS
JUDGMENTS
JUDICIAL DEPT.
LICENSES & PERMITS
MOTOR VEHICLES
PUBLIC
STUDIES
CIVIL ACTIONS
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20 (Chapters); 20-24.1
20-24.2
20-24.3 (Sections)
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No counties specifically cited.
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S596: Remove Drivers Lic. Revocation/Fees/Penalties. Latest Version
2021-2022
AN ACT to revise the laws governing the revocation of driverS licenses for failure to pay a fine, penalty, or court costs and to require a study of various related matters.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20‑24.1 reads as rewritten:
§ 20‑24.1. Revocation for failure to appear or pay fine, penalty or costs for motor vehicle offenses.at a trial or hearing.
(a) The Division must revoke the driver's license of a person upon receipt of notice from a court that the person was charged with a motor vehicle offense and he:the person:
(1) failed to appear, after being notified to do so, when the case was called for a trial or hearing; orhearing.
(2) failed to pay a fine, penalty, or court costs ordered by the court.
Revocation orders entered under the authority of this section are effective on the sixtieth day after the order is mailed or personally delivered to the person.
(b) A license revoked under this section remains revoked until the person whose license has been revoked:
(1) disposes Disposes of the charge in the trial division in which he the person failed to appear when the case was last called for trial or hearing; orhearing.
(2) demonstrates Demonstrates to the court that he the person who failed to appear is not the person charged with the offense; oroffense.
(3) pays the penalty, fine, or costs ordered by the court; or
(4) demonstrates to the court that his failure to pay the penalty, fine, or costs was not willful and that he is making a good faith effort to pay or that the penalty, fine, or costs should be remitted.
Upon receipt of notice from the court that the person has satisfied the conditions of this subsection applicable to his case, the Division must restore the person's license as provided in subsection (c). In addition, if the person whose license is revoked is not a resident of this State, the Division may notify the driver licensing agency in the person's state of residence that the person's license to drive in this State has been revoked.
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(d) To facilitate the prompt return of licenses and to prevent unjustified charges of driving while license revoked, the clerk of court, upon request, must give the person a copy of the notice it sends to the Division to indicate that the person has complied with the conditions of subsection (b) applicable to his case. If the person complies with the condition before the effective date of the revocation, the notice must indicate that the person is eligible to drive if he the person is otherwise validly licensed.
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SECTION 2. G.S. 20‑24.2 reads as rewritten:
§ 20‑24.2. Court to report failure to appear or pay fine, penalty or costs.appear.
(a) The court must report to the Division the name of any person charged with a motor vehicle offense under this Chapter who:
(1) Fails to appear to answer the charge as scheduled, unless within 20 days after the scheduled appearance, he the person either appears in court to answer the charge or disposes of the charge pursuant to G.S. 7A‑146; or G.S. 7A‑146.
(2) Fails to pay a fine, penalty, or costs within 40 days of the date specified in the court's judgment.
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SECTION 3. Article 2 of Chapter 20 of the General Statutes is amended by adding a new section to read:
§ 20‑24.3. Civil judgment for a fine, penalty, or costs.
The court shall direct that a civil judgment be entered in the office of the clerk of superior court pursuant to the provisions of G.S. 1‑234 if a person has failed to pay a fine, penalty, or costs imposed by the court pursuant to this Chapter within 40 days of the date specified in the court's judgment. The civil judgment shall be for the total money value of outstanding fines, penalties, or costs imposed by the court pursuant to this Chapter. When the fine, penalty, or costs imposed by the court pursuant to this Chapter are paid in full, the civil judgment indexed under this section shall be deemed satisfied, and the judgment shall be cancelled. Payment satisfying the civil judgment shall also be credited against the fine, penalty, or costs imposed by the court pursuant to this Chapter.
SECTION 4. The Division and the North Carolina Administrative Office of the Courts shall jointly study (i) whether any legislative changes are necessary to ensure, subject to the satisfaction of any other applicable licensing requirements of Article 2 of Chapter 20 of the General Statutes, licenses previously suspended for failure to pay a fine, penalty, or court costs ordered by the court are returned or restored and (ii) whether Section 3 of this act should be retroactive and made applicable to all unpaid fines, penalties, or costs. This report shall be submitted to the Joint Legislative Transportation Oversight Committee and the Joint Legislative Oversight Committee on Justice and Public Safety by December 1, 2021.
SECTION 5. Section 4 of this act is effective when it becomes law. The remainder of this act becomes effective July 1, 2021, and applies to motor vehicle offenses charged on or after this date.