North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H980 Introduced / Bill

Filed 04/10/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	D 
HOUSE BILL DRH40509-NEfa-16  
 
 
 
Short Title: Remove Barriers to Employment from Court Debt. 	(Public) 
Sponsors: Representative Chesser. 
Referred to:  
 
*DRH40509 -NEfa-16* 
A BILL TO BE ENTITLED 1 
AN ACT TO REMOVE BARRIERS TO EMPLOYMENT DUE TO COURT DEBT AND TO 2 
APPROPRIATE FUNDS TO IMPLEMENT A TEXT REMINDER SYSTEM FOR COURT 3 
DATES. 4 
The General Assembly of North Carolina enacts: 5 
 6 
ELIMINATE GOVERNMENT 'S AUTHORITY TO SUSPEND A DRIVERS LICENSE 7 
FOR NONPAYMENT OF FINE, PENALTY, OR COST OR NONAPPEARANCE IN 8 
COURT FOR MOTOR VEHICLE OFFENSES 9 
SECTION 1.(a) G.S. 20-24.1 is repealed. 10 
SECTION 1.(b) G.S. 20-24.2 is repealed. 11 
SECTION 1.(c) G.S. 15A-1116(a) reads as rewritten: 12 
"(a) Use of Contempt or Fine Collection Procedures: Notification of DMV. – If the person 13 
does not comply with a sanction ordered by the court, the court may proceed in accordance with 14 
Chapter 5A of the General Statutes. If the person fails to pay a penalty or costs, the court may 15 
proceed in accordance with Article 84 of this Chapter. If the infraction is a motor vehicle 16 
infraction, the court must report a failure to pay the applicable penalty and costs to the Division 17 
of Motor Vehicles as specified in G.S. 20-24.2." 18 
 19 
REINSTATE SUSPENDED LICENSES WITHOUT ANY ACTION REQUIRED BY 20 
LICENSE HOLDER; WAIVE ASSOCIATED FEES AND PROVIDE PEOPLE NOTICE 21 
OF REINSTATEMENT 22 
SECTION 2.(a) Article 2 of Chapter 20 of the General Statutes is amended by adding 23 
a new section to read: 24 
"§ 20-24.3.  Prohibition on revocation issued solely for failure to appear or pay fine, penalty, 25 
or costs. 26 
Notwithstanding any other provision of law, the Division shall not revoke the drivers license 27 
of a person charged with or convicted of an infraction, misdemeanor, or felony if the revocation 28 
is solely for one or both of the following reasons: (i) the person failed to appear, after being 29 
notified to do so, when the case was called for a trial or hearing or (ii) the person failed to pay a 30 
fine, penalty, or court costs ordered by the court." 31 
SECTION 2.(b) Within three months of the effective date of this section, the 32 
Division of Motor Vehicles (Division) shall terminate all suspensions of drivers licenses pursuant 33 
to G.S. 20-24.1 or G.S. 20-24.2 in effect prior to the effective date of this section. The Division 34 
shall waive all fees associated with reinstatement of a drivers license after a suspension based on 35 
H.B. 980
Apr 10, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina 	Session 2025 
Page 2  	DRH40509-NEfa-16 
G.S. 20-24.1 or G.S. 20-24.2. If a person has no other suspensions pursuant to other sections, the 1 
drivers license shall be reinstated without any action required on the person's part. 2 
SECTION 2.(c) Upon termination of suspensions pursuant to this section, the 3 
Division shall provide notice to each person whose license suspension was terminated by 4 
first-class mail to the address on file with the Division. The notice shall inform the person of the 5 
other legal consequences associated with continued failure to appear or to pay fines and the 6 
options for resolution of any fines and fees that they owe. The Division shall post information to 7 
its website about the termination of suspensions pursuant to G.S. 20-24.1 or G.S. 20-24.2. 8 
 9 
COLLECT DATA TO MONITOR IMPLEMENTATION AND MEASURE IMPACT 10 
SECTION 3.(a) No later than October 1, 2025, the Division of Motor Vehicles shall 11 
collect data and publish a report that shows, as of a result of this act, all of the following 12 
information: 13 
(1) The total number of suspensions on account of failure to pay fines or fees that 14 
were terminated, disaggregated by race, ethnicity, gender, and zip code of 15 
residence of the person with the suspension; the length of the suspension; the 16 
charge; the charge level; and court. 17 
(2) The total number of suspensions on account of failure to appear in court that 18 
were terminated, disaggregated by race, ethnicity, gender, and zip code of 19 
residence of the person with the suspension; the length of the suspension; the 20 
charge; the charge level; and court. 21 
(3) The total number of people whose licenses were reinstated, disaggregated by 22 
race, ethnicity, gender, and zip code of residence. 23 
(4) The total number and amount of fees, including reinstatement fees, that were 24 
waived. 25 
(5) The total amount of fines and fees related to a prosecution of Driving While 26 
License Revoked that were waived. 27 
SECTION 3.(b) Article 2 of Chapter 20 of the General Statutes is amended by 28 
adding a new section to read: 29 
"§ 20-24.4.  Data collection. 30 
No later than March 31, 2025, and annually thereafter, the Administrative Office of the 31 
Courts shall collect data and publish a report that provides data related to compliance, collections, 32 
and appearance rates in courts that adjudicate motor vehicle offenses. All data presented shall be 33 
disaggregated by county, court, charge, as well as demographic information about the person 34 
against whom the fine or fee was levied, or who was prosecuted, including race, ethnicity, gender, 35 
and zip code of residence. At a minimum, that report shall include all of the following: 36 
(1) The total amount of fines and fees debt imposed in the preceding year. 37 
(2) The total amount of fines and fees collected in the preceding year. 38 
(3) The total amount of fines and fees resolved through alternative means, such 39 
as community service, in the preceding year. 40 
(4) The total amount of fines and fees waived in the preceding year. 41 
(5) The rate of nonappearance in court. 42 
(6) The rate of intentional evasion of prosecution in court." 43 
 44 
FORGIVENESS OF OUTSTANDING FINES AND FEES ASSOCIATED WITH 45 
PREVIOUS DWLR CONVICTIONS IF UNDERLYING SUSPENSION WAS DUE TO 46 
FAILURE TO PAY OR FAILURE TO APPEAR 47 
SECTION 4. G.S. 20-28 is amended by adding a new subsection to read: 48 
"(a4) As of October 1, 2025, any unpaid fines and fees assessed as a result of a charge 49 
pursuant to subsection (a) of this section are no longer enforceable or collectable if the only 50  General Assembly Of North Carolina 	Session 2025 
DRH40509-NEfa-16  	Page 3 
underlying suspension or suspensions leading to the person's drivers license being revoked were 1 
pursuant to G.S. 20-24.1." 2 
 3 
CONFORMING AMENDMENTS 4 
SECTION 5.(a) G.S. 20-13.2(e) reads as rewritten: 5 
"(e) Before the Division restores a driver's license that has been suspended or revoked 6 
under any provision of this Article, other than G.S. 20-24.1, Article, the person seeking to have 7 
his driver's license restored shall submit to the Division proof that he has notified his insurance 8 
agent or company of his seeking the restoration and that he is financially responsible. Proof of 9 
financial responsibility shall be in one of the following forms: 10 
(1) A written certificate or electronically-transmitted facsimile thereof from any 11 
insurance carrier duly authorized to do business in this State certifying that 12 
there is in effect a nonfleet private passenger motor vehicle liability policy for 13 
the benefit of the person required to furnish proof of financial responsibility. 14 
The certificate or facsimile shall state the effective date and expiration date of 15 
the nonfleet private passenger motor vehicle liability policy and shall state the 16 
date that the certificate or facsimile is issued. The certificate or facsimile shall 17 
remain effective proof of financial responsibility for a period of 30 18 
consecutive days following the date the certificate or facsimile is issued but 19 
shall not in and of itself constitute a binder or policy of insurance or 20 
(2) A binder for or policy of nonfleet private passenger motor vehicle liability 21 
insurance under which the applicant is insured, provided that the binder or 22 
policy states the effective date and expiration date of the nonfleet private 23 
passenger motor vehicle liability policy. 24 
The preceding provisions of this subsection do not apply to applicants who do not own 25 
currently registered motor vehicles and who do not operate nonfleet private passenger motor 26 
vehicles that are owned by other persons and that are not insured under commercial motor vehicle 27 
liability insurance policies. In such cases, the applicant shall sign a written certificate to that 28 
effect. Such certificate shall be furnished by the Division and may be incorporated into the 29 
restoration application form. Any material misrepresentation made by such person on such 30 
certificate shall be grounds for suspension of that person's license for a period of 90 days. 31 
For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 32 
the definition ascribed to it in Article 40 of General Statute Chapter 58. 33 
The Commissioner may require that certificates required by this subsection be on a form 34 
approved by the Commissioner. The financial responsibility required by this subsection shall be 35 
kept in effect for not less than three years after the date that the license is restored. Failure to 36 
maintain financial responsibility as required by this subsection shall be grounds for suspending 37 
the restored driver's license for a period of thirty (30) days. Nothing in this subsection precludes 38 
any person from showing proof of financial responsibility in any other manner authorized by 39 
Articles 9A and 13 of this Chapter." 40 
SECTION 5.(b) G.S. 20-19(k) reads as rewritten: 41 
"(k) Before the Division restores a driver's license that has been suspended or revoked 42 
under G.S. 20-138.5(d), or under any provision of this Article, other than G.S. 20-24.1, Article, 43 
the person seeking to have the person's driver's license restored shall submit to the Division proof 44 
that the person has notified the person's insurance agent or company that the person is seeking 45 
the restoration and that the person is financially responsible. Proof of financial responsibility 46 
shall be in one of the following forms: 47 
(1) A written certificate or electronically-transmitted facsimile thereof from any 48 
insurance carrier duly authorized to do business in this State certifying that 49 
there is in effect a nonfleet private passenger motor vehicle liability policy for 50 
the benefit of the person required to furnish proof of financial responsibility. 51  General Assembly Of North Carolina 	Session 2025 
Page 4  	DRH40509-NEfa-16 
The certificate or facsimile shall state the effective date and expiration date of 1 
the nonfleet private passenger motor vehicle liability policy and shall state the 2 
date that the certificate or facsimile is issued. The certificate or facsimile shall 3 
remain effective proof of financial responsibility for a period of 30 4 
consecutive days following the date the certificate or facsimile is issued but 5 
shall not in and of itself constitute a binder or policy of insurance. 6 
(2) A binder for or policy of nonfleet private passenger motor vehicle liability 7 
insurance under which the applicant is insured, provided that the binder or 8 
policy states the effective date and expiration date of the nonfleet private 9 
passenger motor vehicle liability policy. 10 
Subdivisions (1) and (2) of this subsection do not apply to applicants who do not own 11 
currently registered motor vehicles and who do not operate nonfleet private passenger motor 12 
vehicles that are owned by other persons and that are not insured under commercial motor vehicle 13 
liability insurance policies. In such cases, the applicant shall sign a written certificate to that 14 
effect. Such certificate shall be furnished by the Division and may be incorporated into the 15 
restoration application form. Any material misrepresentation made by such person on such 16 
certificate shall be grounds for suspension of that person's license for a period of 90 days. 17 
For the purposes of this subsection, the term "nonfleet private passenger motor vehicle" has 18 
the definition ascribed to it in Article 40 of General Statute Chapter 58. 19 
The Commissioner may require that certificates required by this subsection be on a form 20 
approved by the Commissioner. The financial responsibility required by this subsection shall be 21 
kept in effect for not less than three years after the date that the license is restored. Failure to 22 
maintain financial responsibility as required by this subsection shall be grounds for suspending 23 
the restored driver's license for a period of 30 days. Nothing in this subsection precludes any 24 
person from showing proof of financial responsibility in any other manner authorized by Articles 25 
9A and 13 of this Chapter." 26 
SECTION 5.(c) G.S. 20-28.1(a) reads as rewritten: 27 
"(a) Upon receipt of notice of conviction of any person of a motor vehicle moving offense, 28 
such offense having been committed while such person's driving privilege was in a state of 29 
suspension or revocation, the Division shall revoke such person's driving privilege for an 30 
additional period of time as set forth in subsection (b) hereof. For purposes of this section a 31 
violation of G.S. 20-7(a), 20-24.1, G.S. 20-7(a) or 20-28(a) G.S. 20-28(a) or (a2) shall not be 32 
considered a "motor vehicle moving offense" unless the offense occurred in a commercial motor 33 
vehicle or the person held a commercial drivers license at the time of the offense." 34 
SECTION 5.(d) G.S. 20-217(g2) reads as rewritten: 35 
"(g2) Pursuant to G.S. 20-54, failure of a person to pay any fine or costs imposed pursuant 36 
to this section shall result in the Division withholding the registration renewal of a motor vehicle 37 
registered in that person's name. The clerk of superior court in the county in which the case was 38 
disposed shall notify the Division of any person who fails to pay a fine or costs imposed pursuant 39 
to this section within 40 days of the date specified in the court's judgment, as required by 40 
G.S. 20-24.2(a)(2). judgment. The Division shall continue to withhold the registration renewal 41 
of a motor vehicle until the clerk of superior court notifies the Division that the person has 42 
satisfied the conditions of G.S. 20-24.1(b) applicable to the person's case. The provisions of this 43 
subsection shall be in addition to any other actions the Division may take to enforce the payment 44 
of any fine imposed pursuant to this section." 45 
SECTION 5.(e) G.S. 110-142.2(f) reads as rewritten: 46 
"(f) Upon receipt of certification under subsection (d) or (e) of this section, the Division 47 
of Motor Vehicles shall reinstate the license to operate a motor vehicle in accordance with G.S. 48 
20-24.1, upon payment of the restoration fee and remove any restriction of the individual's motor 49 
vehicle registration." 50 
 51  General Assembly Of North Carolina 	Session 2025 
DRH40509-NEfa-16  	Page 5 
FUNDS FOR TEXT REMINDER SYSTEM FOR COURT APPEARANCES 1 
SECTION 6. Of the funds appropriated to the Administrative Office of the Courts 2 
for the 2025-2026 fiscal year, the sum of two hundred fifty thousand dollars ($250,000) in 3 
recurring funds shall be used to implement a text reminder system of upcoming court 4 
appearances. 5 
 6 
EFFECTIVE DATE 7 
SECTION 7. Sections 1 through 5 of this act become effective October 1, 2025. 8 
Prosecutions for offenses based on revocations imposed pursuant to G.S. 20-24.1 and in effect 9 
prior to termination by the Division, as provided in Section 2(b) of this act, are not abated or 10 
affected by this act, and the statutes that would be applicable but for this act remain applicable 11 
to those prosecutions. Section 6 of this act becomes effective July 1, 2025. The remainder of this 12 
act is effective when it becomes law. 13