State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1331A

§15A‑1331A.  Forfeiture of licensing privileges after conviction of afelony.

(a)        The followingdefinitions apply in this section:

(1)        Licensing agency. –Any department, division, agency, officer, board, or other unit of State orlocal government that issues licenses for licensing privileges.

(2)        Licensing privilege.– The privilege of an individual to be authorized to engage in an activity asevidenced by the following licenses: regular and commercial drivers licenses,occupational licenses, hunting licenses and permits, and fishing licenses andpermits.

(3)        Occupationallicense. – A licensure, permission, certification, or similar authorizationrequired by statute or rule to practice an occupation or business. The termdoes not include a tax license issued under Chapter 105 of the GeneralStatutes, Article 7 of Chapter 153A of the General Statutes, or Article 9 ofChapter 160A of the General Statutes.

(b)        Upon conviction ofa felony, an individual automatically forfeits the individual's licensingprivileges for the full term of the period the individual is placed onprobation by the sentencing court at the time of conviction for the offense,if:

(1)        The individual isoffered a suspended sentence on condition the individual accepts probation andthe individual refuses probation, or

(2)        The individual'sprobation is revoked or suspended, and the judge makes findings in the judgmentthat the individual failed to make reasonable efforts to comply with theconditions of probation.

(c)        Whenever anindividual's licensing privileges are forfeited under this section, the judgeshall make findings in the judgment of the licensing privileges held by theindividual known to the court at that time, the drivers license number andsocial security number of the individual, and the beginning and ending date ofthe period of time of the forfeiture. The terms and conditions of theforfeiture shall be transmitted by the clerk of court to the Division of MotorVehicles, in accordance with G.S. 20‑24 and to the licensing agencies specifiedby the judge in the judgment. A licensing agency, upon receiving notice fromthe clerk of court, shall require the individual whose licensing privilegeswere forfeited to surrender the forfeited license issued by the agency andshall not reissue a license to that individual during the period of forfeitureas stated in the notice. Licensing agencies are authorized to establishprocedures to implement this section.

(d)        Notwithstanding anyother provision of this section, the court may order that an individual whoselicensing privileges are forfeited under this section be granted a limiteddriving privilege in accordance with the provisions of G.S. 20‑179.3. (1994,Ex. Sess., c. 20, ss. 1, 5.)