GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 278
Judiciary II Committee Substitute Adopted 4/9/01

Short Title:	Theft of Gasoline/License Suspension.	()	
Sponsors:	     	
Referred to:	     	
March 1, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT PERSONS CONVICTED OF second or subsequent OFFENSES INVOLVING THE THEFT OF MOTOR FUEL SHALL HAVE THEIR DRIVERS LICENSES revoked.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑72 is amended by adding a new section to read:
"§ 14-72.5.  Larceny of motor fuel.
(a)	If any person shall take and carry away motor fuel valued at less than one thousand dollars ($1,000) from an establishment where motor fuel is offered for retail sale with the intent to steal the motor fuel, that person shall be guilty of a Class 1 misdemeanor. 
(b)	The term "motor fuel" as used in this section shall have the same meaning as found in G.S. 105-449.60(20). 
(c)	Conviction Report Sent to Division of Motor Vehicles. – The court shall report final convictions of violations of this section to the Division of Motor Vehicles. The Division of Motor Vehicles shall revoke a person's drivers license for a second or subsequent conviction under this section in accordance with G.S. 20-17(a)(16)."
SECTION 2.  G.S. 20‑16 is amended by adding a new subsection to read:
"(e2)	If the Division revokes a person's drivers license pursuant to G.S. 20-17(a)(16), a district court judge may allow the licensee a limited driving privilege for a period not to exceed the period of revocation. The limited driving privilege shall be issued in the same manner and under the terms and conditions prescribed in G.S. 20-16.1(b)(1), (2), (3), (4), (5), and (g)." 
SECTION 3.  G.S. 20‑17(a) is amended by adding a new subdivision to read:
"§ 20‑17.  Mandatory revocation of license by Division.
(a)	The Division shall forthwith revoke the license of any driver upon receiving a record of the driver's conviction for any of the following offenses:
(1)	Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle.
(2)	Either of the following impaired driving offenses:
a.	Impaired driving under G.S. 20‑138.1.
b.	Impaired driving under G.S. 20‑138.2.
(3)	Any felony in the commission of which a motor vehicle is used.
(4)	Failure to stop and render aid in violation of G.S. 20‑166(a) or (b).
(5)	Perjury or the making of a false affidavit or statement under oath to the Division under this Article or under any other law relating to the ownership of motor vehicles.
(6)	Conviction upon two charges of reckless driving committed within a period of 12 months.
(7)	Conviction upon one charge of reckless driving while engaged in the illegal transportation of intoxicants for the purpose of sale.
(8)	Conviction of using a false or fictitious name or giving a false or fictitious address in any application for a drivers license, or learner's permit, or any renewal or duplicate thereof, or knowingly making a false statement or knowingly concealing a material fact or otherwise committing a fraud in any such application or procuring or knowingly permitting or allowing another to commit any of the foregoing acts.
(9)	Death by vehicle as defined in G.S. 20‑141.4.
(10)	Repealed by Session Laws 1997‑443, s. 19.26(b).
(11)	Conviction of assault with a motor vehicle.
(12)	A second or subsequent conviction of transporting an open container of alcoholic beverage under G.S. 20‑138.7.
(13)	A second or subsequent conviction, as defined in G.S. 20‑138.2A(d), of driving a commercial motor vehicle after consuming alcohol under G.S. 20‑138.2A.
(14)	A conviction of driving a school bus, school activity bus, or child care vehicle after consuming alcohol under G.S. 20‑138.2B.
(15)	A conviction of malicious use of an explosive or incendiary device to damage property (G.S. 14‑49(b) and (b1)); conspiracy to injure or damage by use of an explosive or incendiary device (G.S. 14‑50); making a false report concerning a destructive device in a public building (G.S. 14‑69.1(c)); perpetrating a hoax concerning a destructive device in a public building (G.S. 14‑69.2(c)); possessing or carrying a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14‑269.2(b1)); or causing, encouraging, or aiding a minor to possess or carry a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14‑269.2(c1)).
(16)	A second or subsequent conviction of larceny of motor fuel under G.S. 14-72.5. A conviction for violating G.S. 14-72.5 is a second or subsequent conviction if at the time of the current offense the person has a previous conviction under G.S. 14-72.5 that occurred in the seven years immediately preceding the date of the current offense."
SECTION 4.  G.S. 20‑19 is amended by adding a new subsection to read:
"(g2)	When a license is revoked under G.S. 20-17(a)(16), the period of revocation is 90 days for a second conviction and six months for a third or subsequent conviction. The term "second or subsequent conviction" shall have the same meaning as found in G.S. 20-17(a)(16)."  
SECTION 5.  This act becomes effective December 1, 2001, and applies to offenses committed on or after that date.