GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	2 

HOUSE BILL 584
Committee Substitute Favorable 4/23/97

Short Title:  Attempting to Elude Arrest.	(Public)

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Sponsors:

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Referred to:  

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March 24, 1997

A BILL TO BE ENTITLED
AN ACT TO LIMIT, TO MODIFY, AND ENHANCE ATTEMPTING TO ELUDE ARREST STATUTES.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-141.5.  Speeding to elude arrest.
(a)	It shall be unlawful for any person to operate a motor vehicle or knowingly allow a vehicle owned by him, or under his control, to be operated on a street, highway, or public vehicular area while fleeing or attempting to elude a law enforcement officer who is in the lawful performance of his duties.
(b)	If two or more of the following aggravating factors are present at the time the violation occurs, the person operating the vehicle shall be guilty of a Class H felony.
(1)	Speeding in excess of 15 miles per hour over the legal speed limit.
(2)	Gross impairment of the person's faculties while driving due to:
a.	Consumption of an impairing substance; or
b.	A blood alcohol concentration of 0.14 or more within a relevant time after the driving.
(3)	Especially reckless or dangerous driving.
(4)	Negligent driving leading to an accident causing:
a.	Property damage in excess of one thousand  dollars ($1,000); or
b.	Personal injury.
(5)	Driving when the person's drivers license is revoked.
(6)	Driving through a marked school zone or work zone.
(7)	Passing a stopped school bus.
(8)	Driving with a child under 12 years of age in the vehicle.
Any other violation of this section shall be punished as a Class 1 misdemeanor.
(c)	Whenever evidence is presented in any court or administrative hearing of the fact that a vehicle was operated in violation of this section, it shall be prima facie evidence that the vehicle was operated by the person in whose name the vehicle was registered at the time of the violation, according to the Division's records.  If the vehicle is rented, then proof of that rental shall be prima facie evidence that the vehicle was operated by the renter of the vehicle at the time of the violation.
(d)	The Division shall revoke, for one year, the drivers license of any person convicted of a misdemeanor under this section.  The Division shall revoke, for three years, the drivers license of any person convicted of a felony under this section.  In the case of a first felony conviction under this section, the licensee may apply to the sentencing court for a limited driving privilege after a period of 18 months of revocation, provided the operator's license has not also been revoked or suspended under any other provision of law.  A limited driving privilege issued under this subsection shall be valid for the period of revocation remaining in the same manner and under the terms and conditions prescribed in G.S. 20-16.1(b).  If the person's license is revoked under any other statute, the limited driving privilege issued pursuant to this subsection is invalid.
(e)	When the probable cause of the law enforcement officer is based on the prima facie evidence rule set forth in subsection (c) above, the officer shall make a reasonable effort to contact the registered owner of the vehicle prior to initiating criminal process."
Section 2.  G.S. 20-141(j) and G.S. 20-17(10) are repealed.
Section 3.  G.S. 20-179(d) reads as rewritten:
"(d)	Aggravating Factors to Be Weighed. – The judge must determine before sentencing under subsection (f) whether any of the aggravating factors listed below apply to the defendant.  The judge must weigh the seriousness of each aggravating factor in the light of the particular circumstances of the case.  The factors are:
(1)	Gross impairment of the defendant's faculties while driving or an alcohol concentration of 0.16 or more within a relevant time after the driving.
(2)	Especially reckless or dangerous driving.
(3)	Negligent driving that led to a reportable accident.
(4)	Driving by the defendant while his driver's license was revoked.
(5)	Two or more prior convictions of a motor vehicle offense not involving impaired driving for which at least three points are assigned under G.S. 20-16 or for which the convicted person's license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions of an offense involving impaired driving that occurred more than seven years before the date of the offense for which the defendant is being sentenced.
(6)	Conviction under G.S. 20-141.5 of speeding by the defendant while fleeing or attempting to elude apprehension.
(7)	Conviction under G.S. 20-141 of speeding by the defendant by at least 30 miles per hour over the legal limit.
(8)	Passing a stopped school bus in violation of G.S. 20-217.
(9)	Any other factor that aggravates the seriousness of the offense.
Except for the factor in subdivision (5) the conduct constituting the aggravating factor must occur during the same transaction or occurrence as the impaired driving offense."
Section 4.  G.S. 58-36-75(c) reads as rewritten:
"(c)	The subclassification plan promulgated pursuant to G.S. 58-36-65(b) shall provide for facility recoupment surcharges pursuant to G.S. 58-37-40(f) and G.S. 58-37-75, in addition to premium surcharges, for convictions for the following moving traffic violations:
General Statute	Description of Offense
20-12.1	Being impaired while accompanying a permittee who is learning to drive
20-28	Driving while license is suspended or revoked
20-138.1	Driving a vehicle while impaired
20-138.2	Driving a commercial vehicle while impaired
20-138.3	Driving by provisional licensee after consuming alcohol or drugs
20-140(a)	Driving carelessly and heedlessly in willful or wanton disregard of the rights of others
20-140(b)	Driving without due caution in a manner so as to endanger other people or property
20-141(a)	Only driving at least 11 miles per hour over the posted speed limit
	20-141(j1)	Driving more than 15 mph over legal limit
20-141.1	Speeding in a school zone
20-141.3(a)	Engaging in prearranged speed competition with another motor vehicle
20-141.3(b)	Willfully engaging in speed competition with another motor vehicle (not prearranged)
20-141.3(c)	Allowing or authorizing others to use one's motor vehicle in prearranged speed competition or placing or receiving a bet or wager on a prearranged speed competition
20-141.4(a1)	Death by vehicle (unintentionally causing death of another while engaged in impaired driving)
20-141.4(a2)	Death by vehicle (unintentionally causing death of another as a result of a violation of motor vehicle law intended to regulate traffic or used to control operation of a vehicle)
20-141.5	Speeding while fleeing or attempting to elude arrest
20-166(a)	Failure to stop by driver who knew or should have known he was involved in accident and that accident caused death or injury to any person
20-166(c)	Failure of driver involved in accident causing property damage or personal injury or death (if driver did not know of injury or death) to stop at scene of accident
20-175.2	Failure to yield right-of-way to blind person at crossings, intersections, and traffic control signal points
20-217	Failure to stop and remain stopped when approaching a stopped school bus engaged in receiving or discharging passengers and while bus has mechanical stop signal displayed
14-18	Voluntary manslaughter
14-18	Involuntary manslaughter".
Section 5.  G.S. 143-116.8(b) reads as rewritten:
"(b)	(1)	It shall be unlawful for a person to operate a vehicle in the State parks and forests road system at a speed in excess of twenty-five miles per hour (25 mph).  When the Secretary of Environment, Health, and Natural Resources determines that this speed is greater than reasonable and safe under the conditions found to exist in the State parks and forests road system, the Secretary may establish a lower reasonable and safe speed limit.  No speed limit established by the Secretary pursuant to this provision shall be effective until posted in the part of the system sought to be affected.
(2)	Any person convicted of violating this subsection by operating a vehicle on the State parks and forests road system while fleeing or attempting to elude arrest or apprehension by a law enforcement officer with authority to enforce the motor vehicle laws, shall be punished as provided in G.S. 20-141.5.
(3)	For the purposes of enforcement and administration of Chapter 20, the speed limits stated and authorized to be adopted by this section are speed limits under Chapter 20.
(4)	The Secretary may designate any part of the State parks and forests road system for one-way traffic and shall erect appropriate signs giving notice thereof.  It shall be a violation of G.S. 20-165.1 for any person to willfully drive or operate any vehicle on any part of the State parks and forests road system so designated except in the direction indicated.
(5)	The Secretary shall have power, equal to the power of local authorities under G.S. 20-158 and G.S. 20-158.1, to place vehicle control signs and signals and yield-right-of-way signs in the State parks and forests road system; the Secretary also shall have power to post such other signs and markers and mark the roads in accordance with Chapter 20 as the Secretary may determine appropriate for highway safety and traffic control.  The failure of any vehicle driver to obey any vehicle control sign or signal, or any yield-right-of-way sign placed under the authority of this section in the State parks and forests road system shall be an infraction and shall be punished as provided in G.S. 20-176."
Section 6.  This act becomes effective December 1, 1997.