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Bill > H789


NC H789

NC H789
Mitigating Factor/Pretrial Use of IID


summary

Introduced
04/03/2025
In Committee
05/05/2025
Crossed Over
05/05/2025
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO ESTABLISH A MITIGATING FACTOR FOR CERTAIN PERSONS CHARGED WITH IMPAIRED DRIVING WHO VOLUNTARILY EQUIP AND OPERATE A MOTOR VEHICLE WITH AN IGNITION INTERLOCK SYSTEM PRIOR TO TRIAL.

AI Summary

This bill introduces a new legal provision that incentivizes individuals charged with impaired driving to voluntarily install an ignition interlock device (IID) in their vehicle prior to trial. Specifically, the bill allows judges to consider the voluntary installation and compliant use of an IID as a potential mitigating factor during sentencing. To qualify, defendants must meet several specific conditions, including being charged with impaired driving, not being involved in a crash resulting in serious injury or death, having a valid or recently expired driver's license, having no additional pending or recent impaired driving charges, maintaining an alcohol concentration below 0.15, installing the IID within 45 days of being charged, and only operating the vehicle with a limited driving privilege. The bill also clarifies that the costs of voluntarily installing an IID will be paid by the individual, but provides an option for individuals who cannot afford the system to apply for a partial cost waiver. The purpose of the bill is to encourage responsible behavior, reduce repeat impaired driving offenses, and provide an early intervention mechanism for individuals facing impaired driving charges. The provisions will become effective on December 1, 2025, and will apply to offenses committed on or after that date.

Committee Categories

Government Affairs, Justice

Sponsors (10)

Last Action

Ref To Com On Rules and Operations of the Senate (on 05/05/2025)

bill text


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