GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 786

Short Title:  Commercial Felony Death By Vehicle.	(Public)

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Sponsors: Representatives Haire; Luebke and Hensley.

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Referred to:  Judiciary IV.

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April 1, 1999

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR ENHANCED PUNISHMENTS FOR FELONY DEATH BY VEHICLE WHILE OPERATING A COMMERCIAL VEHICLE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-141.4 reads as rewritten:
"§ 20-141.4.  Felony and misdemeanor death by vehicle.
(a)	Repealed by Session Laws 1983, c. 435, s. 27.
(a1)	Felony Death by Vehicle. – A person commits the offense of felony death by vehicle if he unintentionally causes the death of another person while engaged in the offense of impaired driving under G.S. 20-138.1 or G.S. 20-138.2 and commission of that offense is the proximate cause of the death.
(a2)	Felony Death by Vehicle While Operating a Commercial Motor Vehicle. – A person commits the offense of felony death by vehicle while operating a commercial motor vehicle if he unintentionally causes the death of another person while doing all the following which are the proximate cause of death:
(1)	Being engaged in the violation of any State law applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1 or G.S. 20-138.2.
(2)	Operating a Class A or a Class B motor vehicle with three or more axles with a GVWR of at least 26,001 pounds.
	(a3)  Misdemeanor Death by Vehicle. – A person commits the offense of misdemeanor death by vehicle if he unintentionally causes the death of another person while engaged in the violation of any State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic, other than impaired driving under G.S. 20-138.1, and commission of that violation is the proximate cause of the death.
(b)	Punishments. – Felony death by vehicle is a Class G felony.  Felony death by vehicle while operating a commercial motor vehicle is a Class H felony.  Misdemeanor death by vehicle is a Class 1 misdemeanor.
(c)	No Double Prosecutions. – No person who has been placed in jeopardy upon a charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by vehicle arising out of the same death."
Section 2.  This act becomes effective December 1, 1999.