GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	2 

HOUSE BILL 786
Committee Substitute Favorable 4/23/99

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

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Sponsors:

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Referred to:  

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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 FOR CERTAIN OFFENSES.
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(a)	Repealed by Session Laws 1983, c. 435, s. 27.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 Commercial Motor Vehicle. – A person commits the offense of felony death by commercial motor vehicle if he unintentionally causes the death of another person while operating a Class A or a Class B motor vehicle with a GVWR of at least 26,001 pounds while being engaged in any of the following offenses which are the proximate cause of death:
(1)	Passing stopped school bus, G.S. 20-217.
(2)	Reckless driving, G.S. 20-140.
(3)	Following too closely, G.S. 20-152.
(4)	Driving on wrong side of the road, G.S. 20-146, 20-147, or 20-165.1.
(5)	Illegal passing, G.S. 20-148, 20-149, 20-150, 20-150.1, or 20-151.
(6)	Running through stop sign or red light, G.S. 20-158.
(7)	Speeding more than 15 miles per hour more than the speed limit or over 80 miles per hour, G.S. 20-141(j1).
(8)	Failing to yield right-of-way, G.S. 20-155, 20-156, and 20-158.1.
(9)	Failure to stop for siren, G.S. 20-157.
(10)	Driving through safety zone, G.S. 20-160.
(11)	Speeding in school zone in excess of the posted school zone limit, G.S. 20-141.1.
(12)	Illegal crossing or approach of railroad tracks and intersections, G.S. 20-142.1 through G.S. 20-142.5.
	(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 or G.S. 20-138.2, and commission of that violation is the proximate cause of the death.
(b)	Punishments. –A violation of subsection (a1) of this section is a Class G felony. A violation of subsection (a2) of this section is a Class H felony. A violation of subsection (a3) of this section 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.