North Carolina 2025-2026 Regular Session

North Carolina House Bill H246 Latest Draft

Bill / Amended Version Filed 04/08/2025

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	2 
HOUSE BILL 246 
Committee Substitute Favorable 4/8/25 
 
Short Title: Liam's Law. 	(Public) 
Sponsors:  
Referred to:  
March 3, 2025 
*H246 -v-2* 
A BILL TO BE ENTITLED 1 
AN ACT TO INCREASE T HE PENALTIES FOR REC KLESS DRIVING OR STR EET 2 
RACING THAT CAUSES S ERIOUS INJURY OR DEA TH AND INCREASE 3 
PENALTIES FOR HIT AND RUN OFFENSES THAT RESULT IN DEATH. 4 
The General Assembly of North Carolina enacts: 5 
 6 
PART I. INCREASE THE PENALTI ES FOR RECKLESS DRIV ING THAT CAUSES 7 
SERIOUS INJURY 8 
SECTION 1. G.S. 20-140 reads as rewritten: 9 
"§ 20-140.  Reckless driving. 10 
… 11 
(g) Any person who violates this section is guilty of a Class 1 misdemeanor if the reckless 12 
driving causes serious injury. 13 
(h) Any person who violates this section is guilty of a Class A1 misdemeanor if the 14 
reckless driving causes serious bodily injury as defined in G.S. 14-32.4." 15 
 16 
PART II. INCREASE THE PENALTIES FOR UNLA WFUL RACING OR HIT A ND 17 
RUN OFFENSES THAT RESULT IN INJURY OR DEATH 18 
SECTION 2.(a) G.S. 20-17(a)(4) is repealed. 19 
SECTION 2.(b) G.S. 20-141.3 reads as rewritten: 20 
"§ 20-141.3.  Unlawful racing on streets and highways. 21 
… 22 
(c) It shall be unlawful for any person to authorize or knowingly permit a motor vehicle 23 
owned by him the person or under his the person's control to be operated on a public street, 24 
highway, or thoroughfare in prearranged speed competition with another motor vehicle, or to 25 
place or receive any bet, wager, or other thing of value from the outcome of any prearranged 26 
speed competition on any public street, highway, or thoroughfare. vehicle. Any person violating 27 
the provisions of this subsection shall be is guilty of a Class 1 misdemeanor. 28 
(c1) It shall be unlawful for any person to place or receive any bet, wager, or other thing 29 
of value from the outcome of any prearranged speed competition on any public street, highway, 30 
or thoroughfare. Any person who violates this subsection is guilty of a Class 1 misdemeanor. 31 
(c2) Any person who violates subsection (a), (b), or (c) of this section is guilty of a Class 32 
H felony if the speed competition causes serious injury. 33 
(c3) Any person who violates subsection (a), (b), or (c) of this section is guilty of a Class 34 
G felony if the speed competition causes serious bodily injury or death. 35  General Assembly Of North Carolina 	Session 2025 
Page 2  House Bill 246-Second Edition 
(d) The Commissioner of Motor Vehicles shall revoke the driver's license or privilege to 1 
drive of every person convicted of violating the provisions of subsection (a) or subsection (c) of 2 
this section, said revocation to be for three years; provided any person whose license has been 3 
revoked under this section may apply for a new license after 18 months from revocation. Upon 4 
filing of such application the Division may issue a new license upon satisfactory proof that the 5 
former licensee has been of good behavior for the past 18 months and that his conduct and attitude 6 
are such as to entitle him to favorable consideration and upon such terms and conditions which 7 
the Division may see fit to impose for the balance of the three-year revocation period, which 8 
period shall be computed from the date of the original revocation.section as follows: 9 
(1) If the violation is punishable under subsection (c2) of this section, for four 10 
years. Any person whose license has been revoked under this subdivision may 11 
apply for a new license after three years from revocation. 12 
(2) If the violation is punishable under subsection (c3) of this section, 13 
permanently. Any person whose license has been revoked under this 14 
subdivision may apply for a new license after seven years from revocation. 15 
(3) For any other violation, three years. Any person whose license has been 16 
revoked under this subdivision may apply for a new license after 18 months 17 
from revocation. 18 
(d1) Upon filing of an application for a new license pursuant to subsection (d) of this 19 
section, the Division may issue a new license upon satisfactory proof that the former licensee has 20 
been of good behavior during the revocation period and that the applicant's conduct and attitude 21 
entitle the applicant to favorable consideration. The Division may impose terms and conditions 22 
upon the new license for the balance of the revocation period. When the revocation period is 23 
permanent, the restrictions and conditions imposed by the Division may not exceed three years. 24 
… 25 
(g) The following provisions apply to this section: 26 
… 27 
(3) Upon conviction of the operator of said motor vehicle of a violation of 28 
subsection (a) of this section or in violation of G.S. 20-141.10, the court shall 29 
order a sale at public auction of said motor vehicle and the officer making the 30 
sale, after deducting the expenses of keeping the motor vehicle, the fee for the 31 
seizure, and the costs of the sale, shall pay all liens, according to their 32 
priorities, which are established, by intervention or otherwise, at said hearing 33 
or in other proceeding brought for said purpose, as being bona fide, and shall 34 
pay the balance of the proceeds to the proper officer of the county who 35 
receives fines and forfeitures to be used for the school fund of the county. All 36 
liens against a motor vehicle sold under the provisions of this section shall be 37 
transferred from the motor vehicle to the proceeds of its sale. If, at the time of 38 
hearing, or other proceeding in which the matter is considered, the owner of 39 
the vehicle can establish to the satisfaction of the court that said motor vehicle 40 
was used in a prearranged speed competition with another motor vehicle on a 41 
street or highway or in a street takeover without the knowledge or consent of 42 
the owner, and that the owner had no reasonable grounds to believe that the 43 
motor vehicle would be used for such purpose, the court shall not order a sale 44 
of the vehicle but shall restore it to the owner, and the said owner shall, at his 45 
upon request, be entitled to a trial by jury upon such issues. 46 
…." 47 
SECTION 2.(c) G.S. 20-166 reads as rewritten: 48 
"§ 20-166.  Duty to stop in event of a crash; furnishing information or assistance to injured 49 
person, etc.; persons assisting exempt from civil liability. 50 
(a) The driver of any vehicle who knows or reasonably should know: 51  General Assembly Of North Carolina 	Session 2025 
House Bill 246-Second Edition 	Page 3 
(1) That the vehicle which he or she is operating is involved in a crash; and 1 
(2) That the crash has resulted in serious bodily injury, as defined in G.S. 14-32.4, 2 
or death to any person; 3 
shall immediately stop his or her the driver's vehicle at the scene of the crash. The driver shall 4 
remain with the vehicle at the scene of the crash until a law-enforcement officer completes the 5 
investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless 6 
remaining at the scene places the driver or others at significant risk of injury. 7 
Prior to the completion of the investigation of the crash by a law enforcement officer, or the 8 
consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the 9 
vehicle from the scene for any purpose other than to call for a law enforcement officer, to call 10 
for medical assistance or medical treatment as set forth in subsection (b) of this section, or to 11 
remove oneself or others from significant risk of injury. If the driver does leave for a reason 12 
permitted by this subsection, then the driver must return with the vehicle to the accident scene 13 
within a reasonable period of time, unless otherwise instructed by a law enforcement officer. A 14 
willful violation of this subsection shall be punished as a Class F felony. Notwithstanding the 15 
provisions of G.S. 15A-1340.17, if the crash results in the death of another person, the court shall 16 
sentence the defendant in the aggravated range of the appropriate Prior Record Level. 17 
(a1) The driver of any vehicle who knows or reasonably should know: 18 
(1) That the vehicle which he or she is operating is involved in a crash; and 19 
(2) That the crash has resulted in injury; 20 
shall immediately stop his or her the driver's vehicle at the scene of the crash. The driver shall 21 
remain with the vehicle at the scene of the crash until a law enforcement officer completes the 22 
investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless 23 
remaining at the scene places the driver or others at significant risk of injury. 24 
Prior to the completion of the investigation of the crash by a law enforcement officer, or the 25 
consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the 26 
vehicle from the scene for any purpose other than to call for a law enforcement officer, to call 27 
for medical assistance or medical treatment as set forth in subsection (b) of this section, or to 28 
remove oneself or others from significant risk of injury. If the driver does leave for a reason 29 
permitted by this subsection, then the driver must return with the vehicle to the crash scene within 30 
a reasonable period of time, unless otherwise instructed by a law enforcement officer. A willful 31 
violation of this subsection shall be punished as a Class H felony. 32 
(b) In addition to complying with the requirements of subsections (a) and (a1) of this 33 
section, the driver as set forth in subsections (a) and (a1) Any driver required to stop at the scene 34 
of a crash pursuant to subsection (a) or (a1) of this section shall give his or her additionally 35 
provide the following information to the person struck and the driver or occupants of any vehicle 36 
collided with, unless those individuals are physically or mentally incapable of receiving 37 
information: (i) the driver's name, address, driver's license number and (ii) the license plate 38 
number of the vehicle to the person struck or the driver or occupants of any vehicle collided with, 39 
provided that the person or persons are physically and mentally capable of receiving such 40 
information, and shall driver's vehicle. The driver shall also render reasonable assistance to any 41 
person injured in such crash reasonable assistance, including the injured person. Reasonable 42 
assistance includes calling for medical assistance if it is apparent that such assistance is necessary 43 
or is requested by the injured person. A violation of this subsection is a Class 1 misdemeanor. 44 
(c) The driver of any vehicle, when the driver knows or reasonably should know that the 45 
vehicle which the driver is operating is involved in a crash which results: 46 
(1) Only in damage to property; or 47 
(2) In injury or death to any person, but only if the operator of the vehicle did not 48 
know and did not have reason to know of the death or injury; 49 
shall immediately stop the vehicle at the scene of the crash. If the crash is a reportable crash, the 50 
driver shall remain with the vehicle at the scene of the crash until a law enforcement officer 51  General Assembly Of North Carolina 	Session 2025 
Page 4  House Bill 246-Second Edition 
completes the investigation of the crash or authorizes the driver to leave and the vehicle to be 1 
removed, unless remaining at the scene places the driver or others at significant risk of injury. 2 
Prior to the completion of the investigation of the crash by a law enforcement officer, or the 3 
consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the 4 
vehicle from the scene, for any purpose other than to call for a law enforcement officer, to call 5 
for medical assistance or medical treatment, or to remove oneself or others from significant risk 6 
of injury. If the driver does leave for a reason permitted by this subsection, then the driver must 7 
return with the vehicle to the accident scene within a reasonable period of time, unless otherwise 8 
instructed by a law enforcement officer. A willful violation of this subsection is a Class 1 9 
misdemeanor. 10 
(c1) In addition to complying with the requirement of subsection (c) of this section, the 11 
driver as set forth in subsection (c) Any driver required to stop at the scene of a crash pursuant 12 
to subsection (c) of this section shall give his or her additionally provide the following 13 
information to the driver or occupants of any other vehicle involved in the crash or to any person 14 
whose property is damaged in the crash: (i) the driver's name, address, driver's license number 15 
and (ii) the license plate number of his vehicle to the driver or occupants of any other vehicle 16 
involved in the crash or to any person whose property is damaged in the crash. the driver's 17 
vehicle. If the damaged property is a parked and unattended vehicle and the name and location 18 
of the owner is not known to or readily ascertainable by the driver of the responsible vehicle, the 19 
driver shall furnish the information required by this subsection to the nearest available peace 20 
officer, or, in the alternative, and provided the driver thereafter within 48 hours fully complies 21 
with G.S. 20-166.1(c), shall immediately place a paper-writing containing the information in a 22 
conspicuous place upon or in the damaged vehicle. If the damaged property is a guardrail, utility 23 
pole, or other fixed object owned by the Department of Transportation, a public utility, or other 24 
public service corporation to which report cannot readily be made at the scene, it shall be 25 
sufficient if the responsible driver shall furnish the information required to the nearest peace 26 
officer or make written report thereof containing the information by U.S. certified mail, return 27 
receipt requested, to the North Carolina Division of Motor Vehicles within five days following 28 
the collision. A violation of this subsection is a Class 1 misdemeanor. 29 
… 30 
(e) The Division of Motor Vehicles shall revoke shall: 31 
(1) Revoke the drivers license of a person convicted of violating subsection (a) of 32 
this section for a period of four years unless the crash results in the death of 33 
another person. Any person whose license has been revoked under this 34 
subdivision may apply for a new license after three years from revocation. 35 
(2) Revoke the drivers license of a person convicted of violating subsection (a) of 36 
this section permanently if the crash results in the death of another person. 37 
Any person whose license has been revoked under this subdivision may apply 38 
for a new license after seven years from revocation. 39 
(3) Revoke the drivers license of a person convicted of violating subsection (a) or 40 
(a1) or (b) of this section for a period of one year, unless the court makes a 41 
finding that a longer period of revocation is appropriate under the 42 
circumstances of the case. If the court makes this finding, the Division of 43 
Motor Vehicles shall revoke that person's drivers license for two years. Upon 44 
a first conviction only for a violation of subsection (a1) or (b) of this section, 45 
a trial judge may allow limited driving privileges in the manner set forth in 46 
G.S. 20-179.3(b)(2) during any period of time during which the drivers license 47 
is revoked. Any person whose license has been revoked under this subdivision 48 
may apply for a new license after a year from revocation. 49 
(e1) Upon filing of an application for a new license pursuant to subsection (e) of this 50 
section, the Division may issue a new license upon satisfactory proof that the former licensee has 51  General Assembly Of North Carolina 	Session 2025 
House Bill 246-Second Edition 	Page 5 
been of good behavior during the revocation period and that the applicant's conduct and attitude 1 
entitle the applicant to favorable consideration. The Division may impose terms and conditions 2 
upon the new license for the balance of the revocation period. When the revocation period is 3 
permanent, the restrictions and conditions imposed by the Division may not exceed three years." 4 
SECTION 2.(d) G.S. 20-179.3(b)(2) reads as rewritten: 5 
"(2) Any person whose licensing privileges are forfeited pursuant to 6 
G.S. 15A-1331.1 G.S. 15A-1331.1, 20-166(a1), or 20-166(b) is eligible for a 7 
limited driving privilege if the court finds that at the time of the forfeiture, the 8 
person held either a valid drivers license or a drivers license that had been 9 
expired for less than one year and either of the following requirements is met: 10 
…." 11 
 12 
PART III. EFFECTIVE DATE 13 
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 14 
committed on or after that date. 15