46 | | - | defendant failed to appear because of an error or omission of a judicial official, 33 General Assembly Of North Carolina Session 2025 |
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47 | | - | Page 2 House Bill 722-First Edition |
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48 | | - | a prosecutor, or a law-enforcement officer, the court shall waive the fee for 1 |
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49 | | - | failure to appear. These fees shall be remitted to the State Treasurer. 2 |
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50 | | - | (7) For the services of the North Carolina State Crime Laboratory facilities, the 3 |
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51 | | - | district or superior court judge shall, upon conviction, order payment of the 4 |
---|
52 | | - | costs actually incurred for the services, not to exceed the sum of six hundred 5 |
---|
53 | | - | dollars ($600.00) ($600.00), to be remitted to the Department of Justice for 6 |
---|
54 | | - | support of the Laboratory. This cost shall be assessed only in cases in which, 7 |
---|
55 | | - | as part of the investigation leading to the defendant's conviction, the 8 |
---|
56 | | - | laboratories have performed DNA analysis of the crime, tests of bodily fluids 9 |
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57 | | - | of the defendant for the presence of alcohol or controlled substances, or 10 |
---|
58 | | - | analysis of any controlled substance possessed by the defendant or the 11 |
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59 | | - | defendant's agent. 12 |
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60 | | - | (8) For the services of any crime laboratory facility, the district or superior court 13 |
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61 | | - | judge shall, upon conviction, order payment of the costs actually incurred for 14 |
---|
62 | | - | the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), 15 |
---|
63 | | - | to be remitted to the general fund of the local governmental unit that operates 16 |
---|
64 | | - | the laboratory or paid for the laboratory services. The funds shall be used for 17 |
---|
65 | | - | law enforcement purposes. The cost shall be assessed only in cases in which, 18 |
---|
66 | | - | as part of the investigation leading to the defendant's conviction, the 19 |
---|
67 | | - | laboratory has performed DNA analysis of the crime, test of bodily fluids of 20 |
---|
68 | | - | the defendant for the presence of alcohol or controlled substances, or analysis 21 |
---|
69 | | - | of any controlled substance possessed by the defendant or the defendant's 22 |
---|
70 | | - | agent. The costs shall be assessed only if the court finds that the work 23 |
---|
71 | | - | performed at the laboratory is the equivalent of the same kind of work 24 |
---|
72 | | - | performed by the North Carolina State Crime Laboratory under subdivision 25 |
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73 | | - | (7) of this subsection. 26 |
---|
74 | | - | (8a) For the services of any private hospital performing toxicological testing under 27 |
---|
75 | | - | contract with a prosecutorial district, the district or superior court judge shall, 28 |
---|
76 | | - | upon conviction, order payment of the costs actually incurred for the services, 29 |
---|
77 | | - | not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be 30 |
---|
78 | | - | remitted to the State Treasurer for the support of the General Court of Justice. 31 |
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79 | | - | The cost shall be assessed only in cases in which, as part of the investigation 32 |
---|
80 | | - | leading to the defendant's conviction, the laboratory has performed testing of 33 |
---|
81 | | - | bodily fluids of the defendant for the presence of alcohol or controlled 34 |
---|
82 | | - | substances. The costs shall be assessed only if the court finds that the work 35 |
---|
83 | | - | performed by the local hospital is the equivalent of the same kind of work 36 |
---|
84 | | - | performed by the North Carolina State Crime Laboratory under subdivision 37 |
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85 | | - | (7) of this subsection. 38 |
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86 | | - | … 39 |
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87 | | - | (9a) For the services of the North Carolina State Crime Laboratory facilities, the 40 |
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88 | | - | district or superior court judge shall, upon conviction, order payment of the 41 |
---|
89 | | - | costs actually incurred for the services, not to exceed the sum of six hundred 42 |
---|
90 | | - | dollars ($600.00) ($600.00), to be remitted to the Department of Justice to be 43 |
---|
91 | | - | used for laboratory purposes. This cost shall be assessed only in cases in 44 |
---|
92 | | - | which, as part of the investigation leading to the defendant's conviction, the 45 |
---|
93 | | - | laboratories have performed digital forensics, including the seizure, forensic 46 |
---|
94 | | - | imaging, and acquisition and analysis of digital media. 47 |
---|
95 | | - | (9b) For the services of any crime laboratory facility, the district or superior court 48 |
---|
96 | | - | judge shall, upon conviction, order payment of the costs actually incurred for 49 |
---|
97 | | - | the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), 50 |
---|
98 | | - | to be remitted to the general fund of the local law enforcement unit that 51 General Assembly Of North Carolina Session 2025 |
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99 | | - | House Bill 722-First Edition Page 3 |
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100 | | - | operates the laboratory or paid for the laboratory services. The funds shall be 1 |
---|
101 | | - | used for laboratory services. The cost shall be assessed only in (i) cases in 2 |
---|
102 | | - | which, as part of the investigation leading to the defendant's conviction, the 3 |
---|
103 | | - | laboratory has performed digital forensics, including the seizure, forensic 4 |
---|
104 | | - | imaging, and acquisition and analysis of digital media, and (ii) if the court 5 |
---|
105 | | - | finds that the work performed at the laboratory is the equivalent of the same 6 |
---|
106 | | - | kind of work performed by the North Carolina State Crime Laboratory under 7 |
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107 | | - | subdivision (9a) of this subsection. 8 |
---|
108 | | - | … 9 |
---|
109 | | - | (11) For the services of an expert witness employed by the North Carolina State 10 |
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110 | | - | Crime Laboratory who completes a chemical analysis pursuant to 11 |
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111 | | - | G.S. 20-139.1, a forensic analysis pursuant to G.S. 8-58.20, or a digital 12 |
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112 | | - | forensics analysis and provides testimony about that analysis in a defendant's 13 |
---|
113 | | - | trial, the district or superior court judge shall, upon conviction of the 14 |
---|
114 | | - | defendant, order payment of the costs actually incurred for the services, not to 15 |
---|
115 | | - | exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to 16 |
---|
116 | | - | the Department of Justice for support of the State Crime Laboratory. This cost 17 |
---|
117 | | - | shall be assessed only in cases in which the expert witness provides testimony 18 |
---|
118 | | - | about the chemical or forensic analysis in the defendant's trial and shall be in 19 |
---|
119 | | - | addition to any cost assessed under subdivision (7) or (9a) of this subsection. 20 |
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120 | | - | (12) For the services of an expert witness employed by a crime laboratory who 21 |
---|
121 | | - | completes a chemical analysis pursuant to G.S. 20-139.1, a forensic analysis 22 |
---|
122 | | - | pursuant to G.S. 8-58.20, or a digital forensics analysis and provides 23 |
---|
123 | | - | testimony about that analysis in a defendant's trial, the district or superior court 24 |
---|
124 | | - | judge shall, upon conviction of the defendant, order payment of the costs 25 |
---|
125 | | - | actually incurred for the services, not to exceed the sum of six hundred dollars 26 |
---|
126 | | - | ($600.00) ($600.00), to be remitted to the general fund of the local 27 |
---|
127 | | - | governmental unit that operates the laboratory or paid for the laboratory 28 |
---|
128 | | - | services. The funds shall be used for laboratory services. This cost shall be 29 |
---|
129 | | - | assessed only in cases in which the expert witness provides testimony about 30 |
---|
130 | | - | the chemical or forensic analysis in the defendant's trial and shall be in 31 |
---|
131 | | - | addition to any cost assessed under subdivision (8) or (9b) of this subsection. 32 |
---|
132 | | - | (13) For the services of an expert witness employed by a private hospital 33 |
---|
133 | | - | performing toxicological testing under contract with a prosecutorial district 34 |
---|
134 | | - | who completes a chemical analysis pursuant to G.S. 20-139.1 and provides 35 |
---|
135 | | - | testimony about that analysis in a defendant's trial, the district or superior court 36 |
---|
136 | | - | judge shall, upon conviction of the defendant, order payment of the costs 37 |
---|
137 | | - | actually incurred for the services, not to exceed the sum of six hundred dollars 38 |
---|
138 | | - | ($600.00) ($600.00), to be remitted to the State Treasurer for the support of 39 |
---|
139 | | - | the General Court of Justice. This cost shall be assessed only in cases in which 40 |
---|
140 | | - | the expert witness provides testimony about the chemical analysis in the 41 |
---|
141 | | - | defendant's trial and shall be in addition to any cost assessed under subdivision 42 |
---|
142 | | - | (8a) of this subsection. 43 |
---|
143 | | - | … 44 |
---|
144 | | - | (f) The court may allow a defendant owing monetary obligations under this section to 45 |
---|
145 | | - | either make payment in full when costs are assessed or make payment on an installment plan 46 |
---|
146 | | - | arranged with the court. Defendants making use of an installment plan shall pay a onetime setup 47 |
---|
147 | | - | fee of twenty dollars ($20.00) to cover the additional costs to the court of receiving and disbursing 48 |
---|
148 | | - | installment payments. Fees collected under this subsection shall be remitted to the State Treasurer 49 |
---|
149 | | - | for support of the General Court of Justice.When making that determination, the court shall 50 |
---|
150 | | - | consider at a minimum the following factors: 51 General Assembly Of North Carolina Session 2025 |
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151 | | - | Page 4 House Bill 722-First Edition |
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152 | | - | (1) The defendant's monthly income in relation to the relevant federal poverty 1 |
---|
153 | | - | guidelines for the defendant's household size. 2 |
---|
154 | | - | (2) Whether the defendant receives public assistance, including, but not limited 3 |
---|
155 | | - | to, food assistance, Medicaid, Social Security Insurance, and Temporary 4 |
---|
156 | | - | Assistance for Needy Families. 5 |
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157 | | - | (3) The defendant's living arrangements and ability to afford or otherwise procure 6 |
---|
158 | | - | housing. 7 |
---|
159 | | - | (4) Whether the defendant resides in a mental health or substance abuse treatment 8 |
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160 | | - | facility. 9 |
---|
161 | | - | (5) Any limits on the defendant's ability to secure employment, including, but not 10 |
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162 | | - | limited to, lack of access to transportation, limitations upon the defendant's 11 |
---|
163 | | - | driving privileges, availability of child care for dependents, and any other 12 |
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164 | | - | relevant factors. 13 |
---|
165 | | - | …." 14 |
---|
166 | | - | SECTION 1.(b) G.S. 7A-350 is repealed. 15 |
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167 | | - | SECTION 1.(c) This section is effective when it becomes law and applies to costs 16 |
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168 | | - | and fees assessed on or after that date. 17 |
---|
169 | | - | 18 |
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170 | | - | PART II. CLARIFY LAN GUAGE TO PRECLUDE IM PRISONMENT FOR 19 |
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171 | | - | NONPAYMENT OF FINES AND FEES WHEN ACTIVE SENTENCE IMPOSED 20 |
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172 | | - | SECTION 2.(a) G.S. 15A-1364(a) reads as rewritten: 21 |
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173 | | - | "(a) Response to Default. – When a defendant who has been required to pay a fine or costs 22 |
---|
174 | | - | or both defaults in payment or in any installment, the court, upon the motion of the prosecutor or 23 |
---|
175 | | - | upon its own motion, may require the defendant to appear and show cause why he should not be 24 |
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176 | | - | imprisoned or may rely upon a conditional show cause order entered under G.S. 15A-1362(c). 25 |
---|
177 | | - | When making that determination, the court shall consider at a minimum the following factors: 26 |
---|
178 | | - | (1) The defendant's monthly income in relation to the relevant federal poverty 27 |
---|
179 | | - | guidelines for the defendant's household size. 28 |
---|
180 | | - | (2) Whether the defendant receives public assistance, including, but not limited 29 |
---|
181 | | - | to, food assistance, Medicaid, Social Security Insurance, and Temporary 30 |
---|
182 | | - | Assistance for Needy Families. 31 |
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183 | | - | (3) The defendant's living arrangements and ability to afford or otherwise procure 32 |
---|
184 | | - | housing. 33 |
---|
185 | | - | (4) Whether the defendant resides in a mental health or substance abuse treatment 34 |
---|
186 | | - | facility. 35 |
---|
187 | | - | (5) Any limits on the defendant's ability to secure employment, including, but not 36 |
---|
188 | | - | limited to, lack of access to transportation, limitations upon the defendant's 37 |
---|
189 | | - | driving privileges, availability of child care for dependents, and any other 38 |
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190 | | - | relevant factors. 39 |
---|
191 | | - | If the defendant fails to appear, an order for his arrest may be issued. This subsection shall 40 |
---|
192 | | - | not apply to a defendant who has received an active sentence in the same case in which the 41 |
---|
193 | | - | defendant has defaulted on the payment of a fine or costs." 42 |
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194 | | - | SECTION 2.(b) G.S. 15A-1365 reads as rewritten: 43 |
---|
195 | | - | "§ 15A-1365. Judgment for fines docketed; lien and execution. 44 |
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196 | | - | When a defendant has defaulted in payment of a fine or costs, the judge may order that the 45 |
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197 | | - | judgment be docketed. Upon being docketed, the judgment becomes a lien on the real estate of 46 |
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198 | | - | the defendant in the same manner as do judgments in civil actions. Executions on docketed 47 |
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199 | | - | judgments may be stayed only when an appeal is taken and security is given as required in civil 48 |
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200 | | - | cases. If the judgment is affirmed on appeal to the appellate division, the clerk of the superior 49 |
---|
201 | | - | court, on receipt of the certificate from the appellate division, must issue execution on the 50 |
---|
202 | | - | judgment. The clerk may not issue an execution, however, if the fine or costs were imposed for 51 General Assembly Of North Carolina Session 2025 |
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203 | | - | House Bill 722-First Edition Page 5 |
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204 | | - | an offense other than trafficking in controlled substances or conspiring to traffic in controlled 1 |
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205 | | - | substances under G.S. 90-95(h) and (i), respectively, and the defendant elects to serve the 2 |
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206 | | - | suspended sentence, if any, or serve a term of 30 days, if no suspended sentence was imposed.is 3 |
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207 | | - | serving an active sentence." 4 |
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208 | | - | 5 |
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209 | | - | PART III. MODIFY THE LAWS GOVERNING THE REVOCATION OF DRIVER S 6 |
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210 | | - | LICENSES FOR FAILURE TO PAY FINE, PENALTY, OR COSTS 7 |
---|
211 | | - | SECTION 3.(a) G.S. 20-24.1 is repealed. 8 |
---|
212 | | - | SECTION 3.(b) G.S. 20-24.2 is repealed. 9 |
---|
213 | | - | SECTION 3.(c) Article 2 of Chapter 20 of the General Statutes is amended by adding 10 |
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214 | | - | a new section to read: 11 |
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215 | | - | "§ 20-24.3. Prohibition on revocation issued solely for failure to appear or pay fine, penalty, 12 |
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216 | | - | or costs. 13 |
---|
217 | | - | Notwithstanding any other provision of law, the Division shall not revoke the drivers license 14 |
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218 | | - | of a person charged with an infraction, misdemeanor, or felony if the revocation is solely for one 15 |
---|
219 | | - | or both of the following reasons: 16 |
---|
220 | | - | (1) The person failed to appear, after being notified to do so, when the case was 17 |
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221 | | - | called for a trial or hearing. 18 |
---|
222 | | - | (2) The person failed to pay a fine, penalty, or court costs ordered by the court." 19 |
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223 | | - | SECTION 3.(d) G.S. 15A-1116(a) reads as rewritten: 20 |
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224 | | - | "(a) Use of Contempt or Fine Collection Procedures: Notification of DMV. – If the person 21 |
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225 | | - | does not comply with a sanction ordered by the court, the court may proceed in accordance with 22 |
---|
226 | | - | Chapter 5A of the General Statutes. If the person fails to pay a penalty or costs, the court may 23 |
---|
227 | | - | proceed in accordance with Article 84 of this Chapter. If the infraction is a motor vehicle 24 |
---|
228 | | - | infraction, the court must report a failure to pay the applicable penalty and costs to the Division 25 |
---|
229 | | - | of Motor Vehicles as specified in G.S. 20-24.2." 26 |
---|
230 | | - | SECTION 3.(e) G.S. 20-13.2(e) reads as rewritten: 27 |
---|
231 | | - | "(e) Before the Division restores a driver's license that has been suspended or revoked 28 |
---|
232 | | - | under any provision of this Article, other than G.S. 20-24.1, the person seeking to have his 29 |
---|
233 | | - | driver's license restored shall submit to the Division proof that he has notified his insurance agent 30 |
---|
234 | | - | or company of his seeking the restoration and that he is financially responsible. Proof of financial 31 |
---|
235 | | - | responsibility shall be in one of the following forms: 32 |
---|
236 | | - | … 33 |
---|
237 | | - | The preceding provisions of this subsection do not apply to applicants who do not own 34 |
---|
238 | | - | currently registered motor vehicles and who do not operate nonfleet private passenger motor 35 |
---|
239 | | - | vehicles that are owned by other persons and that are not insured under commercial motor vehicle 36 |
---|
240 | | - | liability insurance policies. In such cases, the applicant shall sign a written certificate to that 37 |
---|
241 | | - | effect. Such certificate shall be furnished by the Division and may be incorporated into the 38 |
---|
242 | | - | restoration application form. Any material misrepresentation made by such person on such 39 |
---|
243 | | - | certificate shall be grounds for suspension of that person's license for a period of 90 days. 40 |
---|
244 | | - | For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 41 |
---|
245 | | - | the definition ascribed to it in Article 40 of General Statute Chapter 58. 42 |
---|
246 | | - | The Commissioner may require that certificates required by this subsection be on a form 43 |
---|
247 | | - | approved by the Commissioner. The financial responsibility required by this subsection shall be 44 |
---|
248 | | - | kept in effect for not less than three years after the date that the license is restored. Failure to 45 |
---|
249 | | - | maintain financial responsibility as required by this subsection shall be grounds for suspending 46 |
---|
250 | | - | the restored driver's license for a period of thirty (30) days. Nothing in this subsection precludes 47 |
---|
251 | | - | any person from showing proof of financial responsibility in any other manner authorized by 48 |
---|
252 | | - | Articles 9A and 13 of this Chapter." 49 |
---|
253 | | - | SECTION 3.(f) G.S. 20-19(k) reads as rewritten: 50 General Assembly Of North Carolina Session 2025 |
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254 | | - | Page 6 House Bill 722-First Edition |
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255 | | - | "(k) Before the Division restores a driver's license that has been suspended or revoked 1 |
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256 | | - | under G.S. 20-138.5(d), or under any provision of this Article, other than G.S. 20-24.1, the 2 |
---|
257 | | - | person seeking to have the person's driver's license restored shall submit to the Division proof 3 |
---|
258 | | - | that the person has notified the person's insurance agent or company that the person is seeking 4 |
---|
259 | | - | the restoration and that the person is financially responsible. Proof of financial responsibility 5 |
---|
260 | | - | shall be in one of the following forms: 6 |
---|
| 45 | + | defendant failed to appear because of an error or omission of a judicial official, 33 |
---|
| 46 | + | a prosecutor, or a law-enforcement officer, the court shall waive the fee for 34 |
---|
| 47 | + | failure to appear. These fees shall be remitted to the State Treasurer. 35 |
---|
| 48 | + | H.B. 722 |
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| 49 | + | Apr 2, 2025 |
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| 50 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 51 | + | Page 2 DRH10267-NDf-107 |
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| 52 | + | (7) For the services of the North Carolina State Crime Laboratory facilities, the 1 |
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| 53 | + | district or superior court judge shall, upon conviction, order payment of the 2 |
---|
| 54 | + | costs actually incurred for the services, not to exceed the sum of six hundred 3 |
---|
| 55 | + | dollars ($600.00) ($600.00), to be remitted to the Department of Justice for 4 |
---|
| 56 | + | support of the Laboratory. This cost shall be assessed only in cases in which, 5 |
---|
| 57 | + | as part of the investigation leading to the defendant's conviction, the 6 |
---|
| 58 | + | laboratories have performed DNA analysis of the crime, tests of bodily fluids 7 |
---|
| 59 | + | of the defendant for the presence of alcohol or controlled substances, or 8 |
---|
| 60 | + | analysis of any controlled substance possessed by the defendant or the 9 |
---|
| 61 | + | defendant's agent. 10 |
---|
| 62 | + | (8) For the services of any crime laboratory facility, the district or superior court 11 |
---|
| 63 | + | judge shall, upon conviction, order payment of the costs actually incurred for 12 |
---|
| 64 | + | the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), 13 |
---|
| 65 | + | to be remitted to the general fund of the local governmental unit that operates 14 |
---|
| 66 | + | the laboratory or paid for the laboratory services. The funds shall be used for 15 |
---|
| 67 | + | law enforcement purposes. The cost shall be assessed only in cases in which, 16 |
---|
| 68 | + | as part of the investigation leading to the defendant's conviction, the 17 |
---|
| 69 | + | laboratory has performed DNA analysis of the crime, test of bodily fluids of 18 |
---|
| 70 | + | the defendant for the presence of alcohol or controlled substances, or analysis 19 |
---|
| 71 | + | of any controlled substance possessed by the defendant or the defendant's 20 |
---|
| 72 | + | agent. The costs shall be assessed only if the court finds that the work 21 |
---|
| 73 | + | performed at the laboratory is the equivalent of the same kind of work 22 |
---|
| 74 | + | performed by the North Carolina State Crime Laboratory under subdivision 23 |
---|
| 75 | + | (7) of this subsection. 24 |
---|
| 76 | + | (8a) For the services of any private hospital performing toxicological testing under 25 |
---|
| 77 | + | contract with a prosecutorial district, the district or superior court judge shall, 26 |
---|
| 78 | + | upon conviction, order payment of the costs actually incurred for the services, 27 |
---|
| 79 | + | not to exceed the sum of six hundred dollars ($600.00) ($600.00), to be 28 |
---|
| 80 | + | remitted to the State Treasurer for the support of the General Court of Justice. 29 |
---|
| 81 | + | The cost shall be assessed only in cases in which, as part of the investigation 30 |
---|
| 82 | + | leading to the defendant's conviction, the laboratory has performed testing of 31 |
---|
| 83 | + | bodily fluids of the defendant for the presence of alcohol or controlled 32 |
---|
| 84 | + | substances. The costs shall be assessed only if the court finds that the work 33 |
---|
| 85 | + | performed by the local hospital is the equivalent of the same kind of work 34 |
---|
| 86 | + | performed by the North Carolina State Crime Laboratory under subdivision 35 |
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| 87 | + | (7) of this subsection. 36 |
---|
| 88 | + | … 37 |
---|
| 89 | + | (9a) For the services of the North Carolina State Crime Laboratory facilities, the 38 |
---|
| 90 | + | district or superior court judge shall, upon conviction, order payment of the 39 |
---|
| 91 | + | costs actually incurred for the services, not to exceed the sum of six hundred 40 |
---|
| 92 | + | dollars ($600.00) ($600.00), to be remitted to the Department of Justice to be 41 |
---|
| 93 | + | used for laboratory purposes. This cost shall be assessed only in cases in 42 |
---|
| 94 | + | which, as part of the investigation leading to the defendant's conviction, the 43 |
---|
| 95 | + | laboratories have performed digital forensics, including the seizure, forensic 44 |
---|
| 96 | + | imaging, and acquisition and analysis of digital media. 45 |
---|
| 97 | + | (9b) For the services of any crime laboratory facility, the district or superior court 46 |
---|
| 98 | + | judge shall, upon conviction, order payment of the costs actually incurred for 47 |
---|
| 99 | + | the services, not to exceed the sum of six hundred dollars ($600.00) ($600.00), 48 |
---|
| 100 | + | to be remitted to the general fund of the local law enforcement unit that 49 |
---|
| 101 | + | operates the laboratory or paid for the laboratory services. The funds shall be 50 |
---|
| 102 | + | used for laboratory services. The cost shall be assessed only in (i) cases in 51 General Assembly Of North Carolina Session 2025 |
---|
| 103 | + | DRH10267-NDf-107 Page 3 |
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| 104 | + | which, as part of the investigation leading to the defendant's conviction, the 1 |
---|
| 105 | + | laboratory has performed digital forensics, including the seizure, forensic 2 |
---|
| 106 | + | imaging, and acquisition and analysis of digital media, and (ii) if the court 3 |
---|
| 107 | + | finds that the work performed at the laboratory is the equivalent of the same 4 |
---|
| 108 | + | kind of work performed by the North Carolina State Crime Laboratory under 5 |
---|
| 109 | + | subdivision (9a) of this subsection. 6 |
---|
262 | | - | Subdivisions (1) and (2) of this subsection do not apply to applicants who do not own 8 |
---|
263 | | - | currently registered motor vehicles and who do not operate nonfleet private passenger motor 9 |
---|
264 | | - | vehicles that are owned by other persons and that are not insured under commercial motor vehicle 10 |
---|
265 | | - | liability insurance policies. In such cases, the applicant shall sign a written certificate to that 11 |
---|
266 | | - | effect. Such certificate shall be furnished by the Division and may be incorporated into the 12 |
---|
267 | | - | restoration application form. Any material misrepresentation made by such person on such 13 |
---|
268 | | - | certificate shall be grounds for suspension of that person's license for a period of 90 days. 14 |
---|
269 | | - | For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 15 |
---|
270 | | - | the definition ascribed to it in Article 40 of General Statute Chapter 58. 16 |
---|
271 | | - | The Commissioner may require that certificates required by this subsection be on a form 17 |
---|
272 | | - | approved by the Commissioner. The financial responsibility required by this subsection shall be 18 |
---|
273 | | - | kept in effect for not less than three years after the date that the license is restored. Failure to 19 |
---|
274 | | - | maintain financial responsibility as required by this subsection shall be grounds for suspending 20 |
---|
275 | | - | the restored driver's license for a period of 30 days. Nothing in this subsection precludes any 21 |
---|
276 | | - | person from showing proof of financial responsibility in any other manner authorized by Articles 22 |
---|
277 | | - | 9A and 13 of this Chapter." 23 |
---|
278 | | - | SECTION 3.(g) G.S. 20-28.1(a) reads as rewritten: 24 |
---|
279 | | - | "(a) Upon receipt of notice of conviction of any person of a motor vehicle moving offense, 25 |
---|
280 | | - | such offense having been committed while such person's driving privilege was in a state of 26 |
---|
281 | | - | suspension or revocation, the Division shall revoke such person's driving privilege for an 27 |
---|
282 | | - | additional period of time as set forth in subsection (b) hereof. For purposes of this section a 28 |
---|
283 | | - | violation of G.S. 20-7(a), 20-24.1, or 20-28(a) G.S. 20-7(a) or G.S. 20-28(a) or (a2) shall not be 29 |
---|
284 | | - | considered a "motor vehicle moving offense" unless the offense occurred in a commercial motor 30 |
---|
285 | | - | vehicle or the person held a commercial drivers license at the time of the offense." 31 |
---|
286 | | - | SECTION 3.(h) G.S. 20-217(g2) reads as rewritten: 32 |
---|
287 | | - | "(g2) Pursuant to G.S. 20-54, failure of a person to pay any fine or costs imposed pursuant 33 |
---|
288 | | - | to this section shall result in the Division withholding the registration renewal of a motor vehicle 34 |
---|
289 | | - | registered in that person's name. The clerk of superior court in the county in which the case was 35 |
---|
290 | | - | disposed shall notify the Division of any person who fails to pay a fine or costs imposed pursuant 36 |
---|
291 | | - | to this section within 40 days of the date specified in the court's judgment, as required by 37 |
---|
292 | | - | G.S. 20-24.2(a)(2). judgment. The Division shall continue to withhold the registration renewal 38 |
---|
293 | | - | of a motor vehicle until the clerk of superior court notifies the Division that the person has 39 |
---|
294 | | - | satisfied whichever of the following conditions of G.S. 20-24.1(b) are applicable to the person's 40 |
---|
295 | | - | case.case: 41 |
---|
296 | | - | (1) Disposes of the charge in the trial division in which the person failed to appear 42 |
---|
297 | | - | when the case was last called for trial or hearing. 43 |
---|
298 | | - | (2) Demonstrates to the court that the person is not the person charged with the 44 |
---|
299 | | - | offense. 45 |
---|
300 | | - | (3) Pays the penalty, fine, or costs ordered by the court. 46 |
---|
301 | | - | (4) Demonstrates to the court that the person's failure to pay the penalty, fine, or 47 |
---|
302 | | - | costs was not willful and that the person is making a good-faith effort to pay 48 |
---|
303 | | - | or that the penalty, fine, or costs should be remitted. 49 |
---|
304 | | - | The provisions of this subsection shall be in addition to any other actions the Division may 50 |
---|
305 | | - | take to enforce the payment of any fine imposed pursuant to this section." 51 General Assembly Of North Carolina Session 2025 |
---|
306 | | - | House Bill 722-First Edition Page 7 |
---|
307 | | - | SECTION 3.(i) G.S. 50-13.12(e) reads as rewritten: 1 |
---|
308 | | - | "(e) An obligor or other person whose licensing privileges are reinstated under this section 2 |
---|
309 | | - | may provide a copy of the certification set forth in either subsection (c) or (d) to each licensing 3 |
---|
310 | | - | agency to which the obligor or other person applies for reinstatement of licensing privileges. 4 |
---|
311 | | - | Upon request of the obligor or other person, the clerk shall mail a copy of the certification to the 5 |
---|
312 | | - | appropriate licensing board. Upon receipt of a copy of the certification, and the payment of 6 |
---|
313 | | - | applicable restoration fees, the licensing board shall reinstate the license." 7 |
---|
314 | | - | SECTION 3.(j) G.S. 110-142.2(f) reads as rewritten: 8 |
---|
315 | | - | "(f) Upon receipt of certification under subsection (d) or (e) of this section, the Division 9 |
---|
316 | | - | of Motor Vehicles shall reinstate the license to operate a motor vehicle in accordance with G.S. 10 |
---|
317 | | - | 20-24.1, upon payment of the restoration fee and shall remove any restriction of the individual's 11 |
---|
318 | | - | motor vehicle registration." 12 |
---|
319 | | - | SECTION 3.(k) Subsection (a) of this section becomes effective October 1, 2025, 13 |
---|
320 | | - | and shall not affect license revocations issued prior to that date. Subsection (b) of this section 14 |
---|
321 | | - | becomes effective October 1, 2025, and shall not affect reports sent prior to that date. Subsection 15 |
---|
322 | | - | (c) of this section becomes effective October 1, 2025, and applies to license revocations on or 16 |
---|
323 | | - | after that date. Subsection (d) of this section becomes effective October 1, 2025, and shall not 17 |
---|
324 | | - | apply to reporting prior to that date. Subsections (e) and (f) of this section become effective 18 |
---|
325 | | - | October 1, 2025, and shall not affect the restoration of drivers licenses suspended or revoked 19 |
---|
326 | | - | prior to that date. Subsection (g) of this section becomes effective October 1, 2025, and shall not 20 |
---|
327 | | - | affect the determination of whether a violation of G.S. 20-24.1 prior to that date constituted a 21 |
---|
328 | | - | motor vehicle moving offense. Subsection (h) of this section becomes effective October 1, 2025, 22 |
---|
329 | | - | and does not apply to registration renewals withheld for a failure to appear in court or a failure 23 |
---|
330 | | - | to pay fines or costs that occurred prior to that date. Subsections (i) and (j) of this section become 24 |
---|
331 | | - | effective October 1, 2025, and apply to license reinstatements on or after that date. The remainder 25 |
---|
332 | | - | of this section is effective when it becomes law. 26 |
---|
333 | | - | 27 |
---|
334 | | - | PART IV. CLARIFY THAT A COMMUNITY SERVIC E FEE MAY BE WAIVED 28 |
---|
335 | | - | SECTION 4. G.S. 143B-1483(c) reads as rewritten: 29 |
---|
336 | | - | "(c) A Except upon judicial waiver for good cause, a fee of two hundred fifty dollars 30 |
---|
337 | | - | ($250.00) shall be paid by all persons who participate in the program or receive services from 31 |
---|
338 | | - | the program staff. Only one fee may be assessed for each sentencing transaction, even if the 32 |
---|
339 | | - | person is assigned to the program on more than one occasion, or while on deferred prosecution, 33 |
---|
340 | | - | under a conditional discharge, or serving a sentence for the offense. A sentencing transaction 34 |
---|
341 | | - | shall include all offenses considered and adjudicated during the same term of court. Fees 35 |
---|
342 | | - | collected pursuant to this subsection shall be deposited in the General Fund. If the person is 36 |
---|
343 | | - | convicted in a court in this State, the fee shall be paid to the clerk of court in the county in which 37 |
---|
344 | | - | the person is convicted, regardless of whether the person is participating in the program as a 38 |
---|
345 | | - | condition of parole, of probation imposed by the court, or pursuant to the exercise of authority 39 |
---|
346 | | - | delegated to the probation officer pursuant to G.S. 15A-1343.2(e) or (f). If the person is 40 |
---|
347 | | - | participating in the program as a result of a conditional discharge or a deferred prosecution or 41 |
---|
348 | | - | similar program, the fee shall be paid to the clerk of court in the county in which the agreement 42 |
---|
349 | | - | is filed. Persons participating in the program for any other reason shall pay the fee to the clerk of 43 |
---|
350 | | - | court in the county in which the services are provided by the program staff. The fee shall be paid 44 |
---|
351 | | - | in full before the person may participate in the community service program, except that: 45 |
---|
352 | | - | …." 46 |
---|
353 | | - | 47 |
---|
354 | | - | PART V. REPEAL COURT COSTS FOR SEAT BELT INFRACTIONS 48 |
---|
355 | | - | SECTION 5.(a) G.S. 20-135.2A(e) reads as rewritten: 49 General Assembly Of North Carolina Session 2025 |
---|
356 | | - | Page 8 House Bill 722-First Edition |
---|
357 | | - | "(e) Any driver or front seat passenger who fails to wear a seat belt as required by this 1 |
---|
358 | | - | section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty 2 |
---|
359 | | - | cents ($25.50) plus the following court costs:($25.50). 3 |
---|
360 | | - | (1) The General Court of Justice fee provided for in G.S. 7A-304(a)(4). 4 |
---|
361 | | - | (2) The fee provided for in G.S. 7A-304(a)(2a). 5 |
---|
362 | | - | (3) One dollar and fifty cents ($1.50) to be remitted to the county wherein the 6 |
---|
363 | | - | infraction was issued, except in those cases in which the infraction was issued 7 |
---|
364 | | - | by a law enforcement officer employed by a municipality, the fee shall be paid 8 |
---|
365 | | - | to the municipality employing the officer. 9 |
---|
366 | | - | (4) One dollar and fifty cents ($1.50) for the supplemental pension benefits of 10 |
---|
367 | | - | sheriffs to be remitted to the Department of Justice and administered under 11 |
---|
368 | | - | the provisions of Article 12H of Chapter 143 of the General Statutes. 12 |
---|
369 | | - | Any rear seat occupant of a vehicle who fails to wear a seat belt as required by this section 13 |
---|
370 | | - | shall have committed an infraction and shall pay a penalty of ten dollars ($10.00) and no court 14 |
---|
371 | | - | costs. Conviction of an infraction under this section has no other consequence." 15 |
---|
372 | | - | SECTION 5.(b) This section becomes effective October 1, 2025, and applies to costs 16 |
---|
373 | | - | and fees assessed on or after that date. 17 |
---|
374 | | - | 18 |
---|
375 | | - | PART VI. MANDATORY E XEMPTION FROM PROBAT ION SUPERVISION FEE 19 |
---|
376 | | - | WHEN PROBATION IS EX TENDED FOR THE SOLE PURPOSE OF COMPLYING 20 |
---|
377 | | - | WITH MONETARY OBLIGA TIONS 21 |
---|
378 | | - | SECTION 6.(a) G.S. 15A-1343(c1) reads as rewritten: 22 |
---|
379 | | - | "(c1) Supervision Fee. – Any person placed on supervised probation pursuant to subsection 23 |
---|
380 | | - | (a) of this section shall pay a supervision fee of forty dollars ($40.00) per month, unless exempted 24 |
---|
381 | | - | by the court. The court may exempt a person from paying the fee only for good cause and upon 25 |
---|
382 | | - | motion of the person placed on supervised probation. The court shall exempt a person from 26 |
---|
383 | | - | paying the fee when probation is extended for the sole purpose of complying with monetary 27 |
---|
384 | | - | obligations. No person shall be required to pay more than one supervision fee per month. The 28 |
---|
385 | | - | court may require that the fee be paid in advance or in a lump sum or sums, and a probation 29 |
---|
386 | | - | officer may require payment by such methods if he is authorized by subsection (g) to determine 30 |
---|
387 | | - | the payment schedule. Supervision fees must be paid to the clerk of court for the county in which 31 |
---|
388 | | - | the judgment was entered, the deferred prosecution agreement was filed, or the conditional 32 |
---|
389 | | - | discharge was ordered. Fees collected under this subsection shall be transmitted to the State for 33 |
---|
390 | | - | deposit into the State's General Fund." 34 |
---|
391 | | - | SECTION 6.(b) This section is effective when it becomes law and applies to 35 |
---|
392 | | - | supervision fees incurred in the calendar month after that date and all subsequent supervision 36 |
---|
393 | | - | fees incurred in the same term of supervised probation. 37 |
---|
394 | | - | 38 |
---|
395 | | - | PART VII. EFFECTIVE DATE 39 |
---|
396 | | - | SECTION 7. Except as otherwise provided, this act is effective when it becomes 40 |
---|
397 | | - | law. 41 |
---|
| 111 | + | (11) For the services of an expert witness employed by the North Carolina State 8 |
---|
| 112 | + | Crime Laboratory who completes a chemical analysis pursuant to 9 |
---|
| 113 | + | G.S. 20-139.1, a forensic analysis pursuant to G.S. 8-58.20, or a digital 10 |
---|
| 114 | + | forensics analysis and provides testimony about that analysis in a defendant's 11 |
---|
| 115 | + | trial, the district or superior court judge shall, upon conviction of the 12 |
---|
| 116 | + | defendant, order payment of the costs actually incurred for the services, not to 13 |
---|
| 117 | + | exceed the sum of six hundred dollars ($600.00) ($600.00), to be remitted to 14 |
---|
| 118 | + | the Department of Justice for support of the State Crime Laboratory. This cost 15 |
---|
| 119 | + | shall be assessed only in cases in which the expert witness provides testimony 16 |
---|
| 120 | + | about the chemical or forensic analysis in the defendant's trial and shall be in 17 |
---|
| 121 | + | addition to any cost assessed under subdivision (7) or (9a) of this subsection. 18 |
---|
| 122 | + | (12) For the services of an expert witness employed by a crime laboratory who 19 |
---|
| 123 | + | completes a chemical analysis pursuant to G.S. 20-139.1, a forensic analysis 20 |
---|
| 124 | + | pursuant to G.S. 8-58.20, or a digital forensics analysis and provides 21 |
---|
| 125 | + | testimony about that analysis in a defendant's trial, the district or superior court 22 |
---|
| 126 | + | judge shall, upon conviction of the defendant, order payment of the costs 23 |
---|
| 127 | + | actually incurred for the services, not to exceed the sum of six hundred dollars 24 |
---|
| 128 | + | ($600.00) ($600.00), to be remitted to the general fund of the local 25 |
---|
| 129 | + | governmental unit that operates the laboratory or paid for the laboratory 26 |
---|
| 130 | + | services. The funds shall be used for laboratory services. This cost shall be 27 |
---|
| 131 | + | assessed only in cases in which the expert witness provides testimony about 28 |
---|
| 132 | + | the chemical or forensic analysis in the defendant's trial and shall be in 29 |
---|
| 133 | + | addition to any cost assessed under subdivision (8) or (9b) of this subsection. 30 |
---|
| 134 | + | (13) For the services of an expert witness employed by a private hospital 31 |
---|
| 135 | + | performing toxicological testing under contract with a prosecutorial district 32 |
---|
| 136 | + | who completes a chemical analysis pursuant to G.S. 20-139.1 and provides 33 |
---|
| 137 | + | testimony about that analysis in a defendant's trial, the district or superior court 34 |
---|
| 138 | + | judge shall, upon conviction of the defendant, order payment of the costs 35 |
---|
| 139 | + | actually incurred for the services, not to exceed the sum of six hundred dollars 36 |
---|
| 140 | + | ($600.00) ($600.00), to be remitted to the State Treasurer for the support of 37 |
---|
| 141 | + | the General Court of Justice. This cost shall be assessed only in cases in which 38 |
---|
| 142 | + | the expert witness provides testimony about the chemical analysis in the 39 |
---|
| 143 | + | defendant's trial and shall be in addition to any cost assessed under subdivision 40 |
---|
| 144 | + | (8a) of this subsection. 41 |
---|
| 145 | + | … 42 |
---|
| 146 | + | (f) The court may allow a defendant owing monetary obligations under this section to 43 |
---|
| 147 | + | either make payment in full when costs are assessed or make payment on an installment plan 44 |
---|
| 148 | + | arranged with the court. Defendants making use of an installment plan shall pay a onetime setup 45 |
---|
| 149 | + | fee of twenty dollars ($20.00) to cover the additional costs to the court of receiving and disbursing 46 |
---|
| 150 | + | installment payments. Fees collected under this subsection shall be remitted to the State Treasurer 47 |
---|
| 151 | + | for support of the General Court of Justice.When making that determination, the court shall 48 |
---|
| 152 | + | consider at a minimum the following factors: 49 |
---|
| 153 | + | (1) The defendant's monthly income in relation to the relevant federal poverty 50 |
---|
| 154 | + | guidelines for the defendant's household size. 51 General Assembly Of North Carolina Session 2025 |
---|
| 155 | + | Page 4 DRH10267-NDf-107 |
---|
| 156 | + | (2) Whether the defendant receives public assistance, including, but not limited 1 |
---|
| 157 | + | to, food assistance, Medicaid, Social Security Insurance, and Temporary 2 |
---|
| 158 | + | Assistance for Needy Families. 3 |
---|
| 159 | + | (3) The defendant's living arrangements and ability to afford or otherwise procure 4 |
---|
| 160 | + | housing. 5 |
---|
| 161 | + | (4) Whether the defendant resides in a mental health or substance abuse treatment 6 |
---|
| 162 | + | facility. 7 |
---|
| 163 | + | (5) Any limits on the defendant's ability to secure employment, including, but not 8 |
---|
| 164 | + | limited to, lack of access to transportation, limitations upon the defendant's 9 |
---|
| 165 | + | driving privileges, availability of child care for dependents, and any other 10 |
---|
| 166 | + | relevant factors. 11 |
---|
| 167 | + | …." 12 |
---|
| 168 | + | SECTION 1.(b) G.S. 7A-350 is repealed. 13 |
---|
| 169 | + | SECTION 1.(c) This section is effective when it becomes law and applies to costs 14 |
---|
| 170 | + | and fees assessed on or after that date. 15 |
---|
| 171 | + | 16 |
---|
| 172 | + | PART II. CLARIFY LANGUAGE TO PRECLUDE IMPRISONMENT FOR 17 |
---|
| 173 | + | NONPAYMENT OF FINES AND FEES WHEN ACTIVE SENTENCE IMPOSED 18 |
---|
| 174 | + | SECTION 2.(a) G.S. 15A-1364(a) reads as rewritten: 19 |
---|
| 175 | + | "(a) Response to Default. – When a defendant who has been required to pay a fine or costs 20 |
---|
| 176 | + | or both defaults in payment or in any installment, the court, upon the motion of the prosecutor or 21 |
---|
| 177 | + | upon its own motion, may require the defendant to appear and show cause why he should not be 22 |
---|
| 178 | + | imprisoned or may rely upon a conditional show cause order entered under G.S. 15A-1362(c). 23 |
---|
| 179 | + | When making that determination, the court shall consider at a minimum the following factors: 24 |
---|
| 180 | + | (1) The defendant's monthly income in relation to the relevant federal poverty 25 |
---|
| 181 | + | guidelines for the defendant's household size. 26 |
---|
| 182 | + | (2) Whether the defendant receives public assistance, including, but not limited 27 |
---|
| 183 | + | to, food assistance, Medicaid, Social Security Insurance, and Temporary 28 |
---|
| 184 | + | Assistance for Needy Families. 29 |
---|
| 185 | + | (3) The defendant's living arrangements and ability to afford or otherwise procure 30 |
---|
| 186 | + | housing. 31 |
---|
| 187 | + | (4) Whether the defendant resides in a mental health or substance abuse treatment 32 |
---|
| 188 | + | facility. 33 |
---|
| 189 | + | (5) Any limits on the defendant's ability to secure employment, including, but not 34 |
---|
| 190 | + | limited to, lack of access to transportation, limitations upon the defendant's 35 |
---|
| 191 | + | driving privileges, availability of child care for dependents, and any other 36 |
---|
| 192 | + | relevant factors. 37 |
---|
| 193 | + | If the defendant fails to appear, an order for his arrest may be issued. This subsection shall 38 |
---|
| 194 | + | not apply to a defendant who has received an active sentence in the same case in which the 39 |
---|
| 195 | + | defendant has defaulted on the payment of a fine or costs." 40 |
---|
| 196 | + | SECTION 2.(b) G.S. 15A-1365 reads as rewritten: 41 |
---|
| 197 | + | "§ 15A-1365. Judgment for fines docketed; lien and execution. 42 |
---|
| 198 | + | When a defendant has defaulted in payment of a fine or costs, the judge may order that the 43 |
---|
| 199 | + | judgment be docketed. Upon being docketed, the judgment becomes a lien on the real estate of 44 |
---|
| 200 | + | the defendant in the same manner as do judgments in civil actions. Executions on docketed 45 |
---|
| 201 | + | judgments may be stayed only when an appeal is taken and security is given as required in civil 46 |
---|
| 202 | + | cases. If the judgment is affirmed on appeal to the appellate division, the clerk of the superior 47 |
---|
| 203 | + | court, on receipt of the certificate from the appellate division, must issue execution on the 48 |
---|
| 204 | + | judgment. The clerk may not issue an execution, however, if the fine or costs were imposed for 49 |
---|
| 205 | + | an offense other than trafficking in controlled substances or conspiring to traffic in controlled 50 |
---|
| 206 | + | substances under G.S. 90-95(h) and (i), respectively, and the defendant elects to serve the 51 General Assembly Of North Carolina Session 2025 |
---|
| 207 | + | DRH10267-NDf-107 Page 5 |
---|
| 208 | + | suspended sentence, if any, or serve a term of 30 days, if no suspended sentence was imposed.is 1 |
---|
| 209 | + | serving an active sentence." 2 |
---|
| 210 | + | 3 |
---|
| 211 | + | PART III. MODIFY THE LAWS GOVERNING THE REVOCATION OF DRIVERS 4 |
---|
| 212 | + | LICENSES FOR FAILURE TO PAY FINE, PENALTY, OR COSTS 5 |
---|
| 213 | + | SECTION 3.(a) G.S. 20-24.1 is repealed. 6 |
---|
| 214 | + | SECTION 3.(b) G.S. 20-24.2 is repealed. 7 |
---|
| 215 | + | SECTION 3.(c) Article 2 of Chapter 20 of the General Statutes is amended by adding 8 |
---|
| 216 | + | a new section to read: 9 |
---|
| 217 | + | "§ 20-24.3. Prohibition on revocation issued solely for failure to appear or pay fine, penalty, 10 |
---|
| 218 | + | or costs. 11 |
---|
| 219 | + | Notwithstanding any other provision of law, the Division shall not revoke the drivers license 12 |
---|
| 220 | + | of a person charged with an infraction, misdemeanor, or felony if the revocation is solely for one 13 |
---|
| 221 | + | or both of the following reasons: 14 |
---|
| 222 | + | (1) The person failed to appear, after being notified to do so, when the case was 15 |
---|
| 223 | + | called for a trial or hearing. 16 |
---|
| 224 | + | (2) The person failed to pay a fine, penalty, or court costs ordered by the court." 17 |
---|
| 225 | + | SECTION 3.(d) G.S. 15A-1116(a) reads as rewritten: 18 |
---|
| 226 | + | "(a) Use of Contempt or Fine Collection Procedures: Notification of DMV. – If the person 19 |
---|
| 227 | + | does not comply with a sanction ordered by the court, the court may proceed in accordance with 20 |
---|
| 228 | + | Chapter 5A of the General Statutes. If the person fails to pay a penalty or costs, the court may 21 |
---|
| 229 | + | proceed in accordance with Article 84 of this Chapter. If the infraction is a motor vehicle 22 |
---|
| 230 | + | infraction, the court must report a failure to pay the applicable penalty and costs to the Division 23 |
---|
| 231 | + | of Motor Vehicles as specified in G.S. 20-24.2." 24 |
---|
| 232 | + | SECTION 3.(e) G.S. 20-13.2(e) reads as rewritten: 25 |
---|
| 233 | + | "(e) Before the Division restores a driver's license that has been suspended or revoked 26 |
---|
| 234 | + | under any provision of this Article, other than G.S. 20-24.1, the person seeking to have his 27 |
---|
| 235 | + | driver's license restored shall submit to the Division proof that he has notified his insurance agent 28 |
---|
| 236 | + | or company of his seeking the restoration and that he is financially responsible. Proof of financial 29 |
---|
| 237 | + | responsibility shall be in one of the following forms: 30 |
---|
| 238 | + | … 31 |
---|
| 239 | + | The preceding provisions of this subsection do not apply to applicants who do not own 32 |
---|
| 240 | + | currently registered motor vehicles and who do not operate nonfleet private passenger motor 33 |
---|
| 241 | + | vehicles that are owned by other persons and that are not insured under commercial motor vehicle 34 |
---|
| 242 | + | liability insurance policies. In such cases, the applicant shall sign a written certificate to that 35 |
---|
| 243 | + | effect. Such certificate shall be furnished by the Division and may be incorporated into the 36 |
---|
| 244 | + | restoration application form. Any material misrepresentation made by such person on such 37 |
---|
| 245 | + | certificate shall be grounds for suspension of that person's license for a period of 90 days. 38 |
---|
| 246 | + | For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 39 |
---|
| 247 | + | the definition ascribed to it in Article 40 of General Statute Chapter 58. 40 |
---|
| 248 | + | The Commissioner may require that certificates required by this subsection be on a form 41 |
---|
| 249 | + | approved by the Commissioner. The financial responsibility required by this subsection shall be 42 |
---|
| 250 | + | kept in effect for not less than three years after the date that the license is restored. Failure to 43 |
---|
| 251 | + | maintain financial responsibility as required by this subsection shall be grounds for suspending 44 |
---|
| 252 | + | the restored driver's license for a period of thirty (30) days. Nothing in this subsection precludes 45 |
---|
| 253 | + | any person from showing proof of financial responsibility in any other manner authorized by 46 |
---|
| 254 | + | Articles 9A and 13 of this Chapter." 47 |
---|
| 255 | + | SECTION 3.(f) G.S. 20-19(k) reads as rewritten: 48 |
---|
| 256 | + | "(k) Before the Division restores a driver's license that has been suspended or revoked 49 |
---|
| 257 | + | under G.S. 20-138.5(d), or under any provision of this Article, other than G.S. 20-24.1, the 50 |
---|
| 258 | + | person seeking to have the person's driver's license restored shall submit to the Division proof 51 General Assembly Of North Carolina Session 2025 |
---|
| 259 | + | Page 6 DRH10267-NDf-107 |
---|
| 260 | + | that the person has notified the person's insurance agent or company that the person is seeking 1 |
---|
| 261 | + | the restoration and that the person is financially responsible. Proof of financial responsibility 2 |
---|
| 262 | + | shall be in one of the following forms: 3 |
---|
| 263 | + | … 4 |
---|
| 264 | + | Subdivisions (1) and (2) of this subsection do not apply to applicants who do not own 5 |
---|
| 265 | + | currently registered motor vehicles and who do not operate nonfleet private passenger motor 6 |
---|
| 266 | + | vehicles that are owned by other persons and that are not insured under commercial motor vehicle 7 |
---|
| 267 | + | liability insurance policies. In such cases, the applicant shall sign a written certificate to that 8 |
---|
| 268 | + | effect. Such certificate shall be furnished by the Division and may be incorporated into the 9 |
---|
| 269 | + | restoration application form. Any material misrepresentation made by such person on such 10 |
---|
| 270 | + | certificate shall be grounds for suspension of that person's license for a period of 90 days. 11 |
---|
| 271 | + | For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 12 |
---|
| 272 | + | the definition ascribed to it in Article 40 of General Statute Chapter 58. 13 |
---|
| 273 | + | The Commissioner may require that certificates required by this subsection be on a form 14 |
---|
| 274 | + | approved by the Commissioner. The financial responsibility required by this subsection shall be 15 |
---|
| 275 | + | kept in effect for not less than three years after the date that the license is restored. Failure to 16 |
---|
| 276 | + | maintain financial responsibility as required by this subsection shall be grounds for suspending 17 |
---|
| 277 | + | the restored driver's license for a period of 30 days. Nothing in this subsection precludes any 18 |
---|
| 278 | + | person from showing proof of financial responsibility in any other manner authorized by Articles 19 |
---|
| 279 | + | 9A and 13 of this Chapter." 20 |
---|
| 280 | + | SECTION 3.(g) G.S. 20-28.1(a) reads as rewritten: 21 |
---|
| 281 | + | "(a) Upon receipt of notice of conviction of any person of a motor vehicle moving offense, 22 |
---|
| 282 | + | such offense having been committed while such person's driving privilege was in a state of 23 |
---|
| 283 | + | suspension or revocation, the Division shall revoke such person's driving privilege for an 24 |
---|
| 284 | + | additional period of time as set forth in subsection (b) hereof. For purposes of this section a 25 |
---|
| 285 | + | violation of G.S. 20-7(a), 20-24.1, or 20-28(a) G.S. 20-7(a) or G.S. 20-28(a) or (a2) shall not be 26 |
---|
| 286 | + | considered a "motor vehicle moving offense" unless the offense occurred in a commercial motor 27 |
---|
| 287 | + | vehicle or the person held a commercial drivers license at the time of the offense." 28 |
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| 288 | + | SECTION 3.(h) G.S. 20-217(g2) reads as rewritten: 29 |
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| 289 | + | "(g2) Pursuant to G.S. 20-54, failure of a person to pay any fine or costs imposed pursuant 30 |
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| 290 | + | to this section shall result in the Division withholding the registration renewal of a motor vehicle 31 |
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| 291 | + | registered in that person's name. The clerk of superior court in the county in which the case was 32 |
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| 292 | + | disposed shall notify the Division of any person who fails to pay a fine or costs imposed pursuant 33 |
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| 293 | + | to this section within 40 days of the date specified in the court's judgment, as required by 34 |
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| 294 | + | G.S. 20-24.2(a)(2). judgment. The Division shall continue to withhold the registration renewal 35 |
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| 295 | + | of a motor vehicle until the clerk of superior court notifies the Division that the person has 36 |
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| 296 | + | satisfied whichever of the following conditions of G.S. 20-24.1(b) are applicable to the person's 37 |
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| 297 | + | case.case: 38 |
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| 298 | + | (1) Disposes of the charge in the trial division in which the person failed to appear 39 |
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| 299 | + | when the case was last called for trial or hearing. 40 |
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| 300 | + | (2) Demonstrates to the court that the person is not the person charged with the 41 |
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| 301 | + | offense. 42 |
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| 302 | + | (3) Pays the penalty, fine, or costs ordered by the court. 43 |
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| 303 | + | (4) Demonstrates to the court that the person's failure to pay the penalty, fine, or 44 |
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| 304 | + | costs was not willful and that the person is making a good-faith effort to pay 45 |
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| 305 | + | or that the penalty, fine, or costs should be remitted. 46 |
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| 306 | + | The provisions of this subsection shall be in addition to any other actions the Division may 47 |
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| 307 | + | take to enforce the payment of any fine imposed pursuant to this section." 48 |
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| 308 | + | SECTION 3.(i) G.S. 50-13.12(e) reads as rewritten: 49 |
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| 309 | + | "(e) An obligor or other person whose licensing privileges are reinstated under this section 50 |
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| 310 | + | may provide a copy of the certification set forth in either subsection (c) or (d) to each licensing 51 General Assembly Of North Carolina Session 2025 |
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| 311 | + | DRH10267-NDf-107 Page 7 |
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| 312 | + | agency to which the obligor or other person applies for reinstatement of licensing privileges. 1 |
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| 313 | + | Upon request of the obligor or other person, the clerk shall mail a copy of the certification to the 2 |
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| 314 | + | appropriate licensing board. Upon receipt of a copy of the certification, and the payment of 3 |
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| 315 | + | applicable restoration fees, the licensing board shall reinstate the license." 4 |
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| 316 | + | SECTION 3.(j) G.S. 110-142.2(f) reads as rewritten: 5 |
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| 317 | + | "(f) Upon receipt of certification under subsection (d) or (e) of this section, the Division 6 |
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| 318 | + | of Motor Vehicles shall reinstate the license to operate a motor vehicle in accordance with G.S. 7 |
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| 319 | + | 20-24.1, upon payment of the restoration fee and shall remove any restriction of the individual's 8 |
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| 320 | + | motor vehicle registration." 9 |
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| 321 | + | SECTION 3.(k) Subsection (a) of this section becomes effective October 1, 2025, 10 |
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| 322 | + | and shall not affect license revocations issued prior to that date. Subsection (b) of this section 11 |
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| 323 | + | becomes effective October 1, 2025, and shall not affect reports sent prior to that date. Subsection 12 |
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| 324 | + | (c) of this section becomes effective October 1, 2025, and applies to license revocations on or 13 |
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| 325 | + | after that date. Subsection (d) of this section becomes effective October 1, 2025, and shall not 14 |
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| 326 | + | apply to reporting prior to that date. Subsections (e) and (f) of this section become effective 15 |
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| 327 | + | October 1, 2025, and shall not affect the restoration of drivers licenses suspended or revoked 16 |
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| 328 | + | prior to that date. Subsection (g) of this section becomes effective October 1, 2025, and shall not 17 |
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| 329 | + | affect the determination of whether a violation of G.S. 20-24.1 prior to that date constituted a 18 |
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| 330 | + | motor vehicle moving offense. Subsection (h) of this section becomes effective October 1, 2025, 19 |
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| 331 | + | and does not apply to registration renewals withheld for a failure to appear in court or a failure 20 |
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| 332 | + | to pay fines or costs that occurred prior to that date. Subsections (i) and (j) of this section become 21 |
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| 333 | + | effective October 1, 2025, and apply to license reinstatements on or after that date. The remainder 22 |
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| 334 | + | of this section is effective when it becomes law. 23 |
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| 335 | + | 24 |
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| 336 | + | PART IV. CLARIFY THAT A COMMUNITY SERVICE FEE MAY BE WAIVED 25 |
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| 337 | + | SECTION 4. G.S. 143B-1483(c) reads as rewritten: 26 |
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| 338 | + | "(c) A Except upon judicial waiver for good cause, a fee of two hundred fifty dollars 27 |
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| 339 | + | ($250.00) shall be paid by all persons who participate in the program or receive services from 28 |
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| 340 | + | the program staff. Only one fee may be assessed for each sentencing transaction, even if the 29 |
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| 341 | + | person is assigned to the program on more than one occasion, or while on deferred prosecution, 30 |
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| 342 | + | under a conditional discharge, or serving a sentence for the offense. A sentencing transaction 31 |
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| 343 | + | shall include all offenses considered and adjudicated during the same term of court. Fees 32 |
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| 344 | + | collected pursuant to this subsection shall be deposited in the General Fund. If the person is 33 |
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| 345 | + | convicted in a court in this State, the fee shall be paid to the clerk of court in the county in which 34 |
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| 346 | + | the person is convicted, regardless of whether the person is participating in the program as a 35 |
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| 347 | + | condition of parole, of probation imposed by the court, or pursuant to the exercise of authority 36 |
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| 348 | + | delegated to the probation officer pursuant to G.S. 15A-1343.2(e) or (f). If the person is 37 |
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| 349 | + | participating in the program as a result of a conditional discharge or a deferred prosecution or 38 |
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| 350 | + | similar program, the fee shall be paid to the clerk of court in the county in which the agreement 39 |
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| 351 | + | is filed. Persons participating in the program for any other reason shall pay the fee to the clerk of 40 |
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| 352 | + | court in the county in which the services are provided by the program staff. The fee shall be paid 41 |
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| 353 | + | in full before the person may participate in the community service program, except that: 42 |
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| 354 | + | …." 43 |
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| 355 | + | 44 |
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| 356 | + | PART V. REPEAL COURT COSTS FOR SEAT BELT INFRACTIONS 45 |
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| 357 | + | SECTION 5.(a) G.S. 20-135.2A(e) reads as rewritten: 46 |
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| 358 | + | "(e) Any driver or front seat passenger who fails to wear a seat belt as required by this 47 |
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| 359 | + | section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty 48 |
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| 360 | + | cents ($25.50) plus the following court costs:($25.50). 49 |
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| 361 | + | (1) The General Court of Justice fee provided for in G.S. 7A-304(a)(4). 50 |
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| 362 | + | (2) The fee provided for in G.S. 7A-304(a)(2a). 51 General Assembly Of North Carolina Session 2025 |
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| 363 | + | Page 8 DRH10267-NDf-107 |
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| 364 | + | (3) One dollar and fifty cents ($1.50) to be remitted to the county wherein the 1 |
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| 365 | + | infraction was issued, except in those cases in which the infraction was issued 2 |
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| 366 | + | by a law enforcement officer employed by a municipality, the fee shall be paid 3 |
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| 367 | + | to the municipality employing the officer. 4 |
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| 368 | + | (4) One dollar and fifty cents ($1.50) for the supplemental pension benefits of 5 |
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| 369 | + | sheriffs to be remitted to the Department of Justice and administered under 6 |
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| 370 | + | the provisions of Article 12H of Chapter 143 of the General Statutes. 7 |
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| 371 | + | Any rear seat occupant of a vehicle who fails to wear a seat belt as required by this section 8 |
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| 372 | + | shall have committed an infraction and shall pay a penalty of ten dollars ($10.00) and no court 9 |
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| 373 | + | costs. Conviction of an infraction under this section has no other consequence." 10 |
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| 374 | + | SECTION 5.(b) This section becomes effective October 1, 2025, and applies to costs 11 |
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| 375 | + | and fees assessed on or after that date. 12 |
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| 376 | + | 13 |
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| 377 | + | PART VI. MANDATORY EXEMPTION FROM PROBATION SUPERVISION FEE 14 |
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| 378 | + | WHEN PROBATION IS EXTENDED FOR THE SOLE PURPOSE OF COMPLYING 15 |
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| 379 | + | WITH MONETARY OBLIGATIONS 16 |
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| 380 | + | SECTION 6.(a) G.S. 15A-1343(c1) reads as rewritten: 17 |
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| 381 | + | "(c1) Supervision Fee. – Any person placed on supervised probation pursuant to subsection 18 |
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| 382 | + | (a) of this section shall pay a supervision fee of forty dollars ($40.00) per month, unless exempted 19 |
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| 383 | + | by the court. The court may exempt a person from paying the fee only for good cause and upon 20 |
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| 384 | + | motion of the person placed on supervised probation. The court shall exempt a person from 21 |
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| 385 | + | paying the fee when probation is extended for the sole purpose of complying with monetary 22 |
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| 386 | + | obligations. No person shall be required to pay more than one supervision fee per month. The 23 |
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| 387 | + | court may require that the fee be paid in advance or in a lump sum or sums, and a probation 24 |
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| 388 | + | officer may require payment by such methods if he is authorized by subsection (g) to determine 25 |
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| 389 | + | the payment schedule. Supervision fees must be paid to the clerk of court for the county in which 26 |
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| 390 | + | the judgment was entered, the deferred prosecution agreement was filed, or the conditional 27 |
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| 391 | + | discharge was ordered. Fees collected under this subsection shall be transmitted to the State for 28 |
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| 392 | + | deposit into the State's General Fund." 29 |
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| 393 | + | SECTION 6.(b) This section is effective when it becomes law and applies to 30 |
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| 394 | + | supervision fees incurred in the calendar month after that date and all subsequent supervision 31 |
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| 395 | + | fees incurred in the same term of supervised probation. 32 |
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| 396 | + | 33 |
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| 397 | + | PART VII. EFFECTIVE DATE 34 |
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| 398 | + | SECTION 7. Except as otherwise provided, this act is effective when it becomes 35 |
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| 399 | + | law. 36 |
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