GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2008-128
SENATE BILL 944
AN ACT to make leaving the scene of an accident where a person suffers serious bodily injury a Class f Felony and to provide that theft of fixtures attached to real property is larceny.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-166 reads as rewritten:
"§ 20-166.
Duty to stop in event of accident or collision a crash; furnishing
information or assistance to injured person, etc.; persons assisting exempt
from civil liability.
(a) The driver of any vehicle who knows or reasonably should know:
(1) That the vehicle which
he or she is operating is involved in an accident or collisiona crash;
and
(2) That the accident
or collisioncrash has resulted in serious bodily injury,
as defined in G.S. 14-32.4, or death to any person;
shall immediately stop his or her vehicle at the scene of the accident
or collision.crash. The driver shall remain with the vehicle at the
scene of the accidentcrash until a law-enforcement officer
completes the investigation of the accident or collisioncrash or
authorizes the driver to leave and the vehicle to be removed, unless remaining
at the scene places the driver or others at significant risk of injury.
Prior to the completion of the investigation of the accidentcrash
by a law enforcement officer, or the consent of the officer to leave, the
driver may not facilitate, allow, or agree to the removal of the vehicle from
the scene for any purpose other than to call for a law enforcement officer, to
call for medical assistance or medical treatment as set forth in subsection (b)
of this section, or to remove oneself or others from significant risk of
injury. If the driver does leave for a reason permitted by this subsection,
then the driver must return with the vehicle to the accident scene within a
reasonable period of time, unless otherwise instructed by a law enforcement
officer. A willful violation of this subsection shall be punished as a Class H
F felony.
(a1) The driver of any vehicle who knows or reasonably should know:
(1) That the vehicle which he or she is operating is involved in a crash; and
(2) That the crash has resulted in injury;
shall immediately stop his or her vehicle at the scene of the crash. The driver shall remain with the vehicle at the scene of the crash until a law enforcement officer completes the investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless remaining at the scene places the driver or others at significant risk of injury.
Prior to the completion of the investigation of the crash by a law enforcement officer, or the consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the vehicle from the scene for any purpose other than to call for a law enforcement officer, to call for medical assistance or medical treatment as set forth in subsection (b) of this section, or to remove oneself or others from significant risk of injury. If the driver does leave for a reason permitted by this subsection, then the driver must return with the vehicle to the crash scene within a reasonable period of time, unless otherwise instructed by a law enforcement officer. A willful violation of this subsection shall be punished as a Class H felony.
(b) In addition to
complying with the requirement of subsection (a)requirements of
subsections (a) and (a1) of this section, the driver as set forth in subsection
(a)subsections (a) and (a1) shall give his or her name, address,
driver's license number and the license plate number of the vehicle to the
person struck or the driver or occupants of any vehicle collided with, provided
that the person or persons are physically and mentally capable of receiving
such information, and shall render to any person injured in such accident or
collisioncrash reasonable assistance, including the calling for
medical assistance if it is apparent that such assistance is necessary or is
requested by the injured person. A violation of this subsection is a Class 1
misdemeanor.
(c) The driver of any
vehicle, when he or she the driver knows or reasonably should
know that the vehicle which he or shethe driver is operating is
involved in an accident or collision, which accident or collision, results:a
crash which results:
(1) Only in damage to property; or
(2) In injury or death to any person, but only if the operator of the vehicle did not know and did not have reason to know of the death or injury;
shall immediately stop the vehicle at the scene of the accident
or collision.crash. If the accidentcrash is a
reportable accident,crash, the driver shall remain with the
vehicle at the scene of the accidentcrash until a law enforcement
officer completes the investigation of the accident crash or
authorizes the driver to leave and the vehicle to be removed, unless remaining
at the scene places the driver or others at significant risk of injury.
Prior to the completion of the investigation of the accidentcrash
by a law enforcement officer, or the consent of the officer to leave, the
driver may not facilitate, allow, or agree to the removal of the vehicle from
the scene, for any purpose other than to call for a law enforcement officer, to
call for medical assistance or medical treatment, or to remove oneself or
others from significant risk of injury. If the driver does leave for a reason
permitted by this subsection, then the driver must return with the vehicle to
the accident scene within a reasonable period of time, unless otherwise
instructed by a law enforcement officer. A willful violation of this subsection
is a Class 1 misdemeanor.
(c1) In addition to complying with
the requirement of subsection (c) of this section, the driver as set forth in
subsection (c) shall give his or her name, address, driver's license number and
the license plate number of his vehicle to the driver or occupants of any other
vehicle involved in the accident or collisioncrash or to any
person whose property is damaged in the accident or collision.crash.
If the damaged property is a parked and unattended vehicle and the name and
location of the owner is not known to or readily ascertainable by the driver of
the responsible vehicle, the driver shall furnish the information required by
this subsection to the nearest available peace officer, or, in the alternative,
and provided the driver thereafter within 48 hours fully complies with
G.S. 20-166.1(c), shall immediately place a paper-writing containing the
information in a conspicuous place upon or in the damaged vehicle. If the
damaged property is a guardrail, utility pole, or other fixed object owned by
the Department of Transportation, a public utility, or other public service
corporation to which report cannot readily be made at the scene, it shall be
sufficient if the responsible driver shall furnish the information required to
the nearest peace officer or make written report thereof containing the
information by U.S. certified mail, return receipt requested, to the North
Carolina Division of Motor Vehicles within five days following the collision. A
violation of this subsection is a Class 1 misdemeanor.
(c2) Notwithstanding subsections (a)(a),
(a1), and (c) of this section, if an accident or collisiona crash
occurs on a main lane, ramp, shoulder, median, or adjacent area of a highway,
each vehicle shall be moved as soon as possible out of the travel lane and onto
the shoulder or to a designated accident investigation site to complete the
requirements of this section and minimize interference with traffic if all of
the following apply:
(1) The accident or
collisioncrash has not resulted in injury or death to any person or
the drivers did not know or have reason to know of any injury or death.
(2) Each vehicle can be normally and safely driven. For purposes of this subsection, a vehicle can be normally and safely driven if it does not require towing and can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.
(d) Any person who
renders first aid or emergency assistance at the scene of a motor vehicle accident
crash on any street or highway to any person injured as a result of
the accident, shall not be liable in civil damages for any acts or omissions
relating to the services rendered, unless the acts or omissions amount to
wanton conduct or intentional wrongdoing.
(e) The Division of Motor
Vehicles shall revoke the drivers license of a person convicted of violating
subsection (a) or (a1) of this section for a period of one year, unless
the court makes a finding that a longer period of revocation is appropriate
under the circumstances of the case. If the court makes this finding, the
Division of Motor Vehicles shall revoke that person's drivers license for two
years. Upon a first conviction only for a violation of subsection (a)(a1)
of this section, a trial judge may allow limited driving privileges in the
manner set forth in G.S. 20-179.3(b)(2) during any period of time during
which the drivers license is revoked."
SECTION 2. Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-83A. Fixtures subject to larceny.
All common law distinctions providing that personal property that has become affixed to real property is not subject to a charge of larceny are abolished. Any person who shall remove or take and carry away, or shall aid another in removing, taking or carrying away, any property that is affixed to real property, with the intent to steal the property, shall be guilty of larceny and shall be punished as provided by statute."
SECTION 3. This act becomes effective December 1, 2008, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 14th day of July, 2008.
s/ Beverly E. Perdue
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 5:59 p.m. this 28th day of July, 2008