§ 113-276.3. Mandatory suspension of entitlement to license or permit for fixed period upon conviction of specified offenses.
§ 113‑276.3. Mandatory suspension ofentitlement to license or permit for fixed period upon conviction of specifiedoffenses.
(a) Upon conviction of a suspension offense under this section,the defendant's entitlement to any license or permit applicable to the type ofactivity he was engaging in that resulted in the conviction is suspended forthe period stated in subsection (d). The period of suspension begins:
(1) Upon the surrender to an authorized agent of the WildlifeResources Commission of all applicable licenses and permits; or
(2) If no licenses or permits are possessed, the defendant failsor refuses to surrender all licenses or permits, or any license or permit islost or destroyed, upon the Executive Director's placing in the mail thenotification required by subsection (c).
(b) If the defendant does not wish to appeal, the presidingjudge may order surrender of all applicable licenses and permits to an agent ofthe Wildlife Resources Commission. If the presiding judge does not order thesurrender, or if there is for any other reason a failure by the defendant tosurrender all applicable licenses and permits, an authorized agent of theWildlife Resources Commission must demand surrender. Each day's failure orrefusal to surrender a license or permit upon demand, in the absence ofsatisfactorily accounting for the failure to do so, is a separate offense. Acharge under this subsection does not affect the power of the court toinstitute contempt proceedings if a failure or refusal to surrender a licenseor permit also violates a court order. Any agent of the Wildlife ResourcesCommission accepting surrender of licenses and permits, in the courtroom or ata subsequent time and place, must transmit them to the Executive Director witha written notation of the date of surrender and a report of other pertinentcircumstances required by the Executive Director.
(c) The Executive Director must institute a procedure for thesystematic reporting to him by protectors or other authorized agents of theWildlife Resources Commission of all convictions of suspension offenses underthis section. Upon obtaining information concerning conviction of a suspensionoffense and receiving any surrendered licenses and permits, the ExecutiveDirector must determine if all appropriate licenses and permits possessed bythe defendant have been surrendered; if not, the Executive Director must notifythe appropriate agent of the Wildlife Resources Commission to demand surrenderor renew a demand for surrender under the terms of subsection (b) if it isfeasible to do so. Upon satisfying himself that he has received all licensesand permits for which surrender may feasibly be obtained, if any, the ExecutiveDirector must mail the defendant a notice of the suspension of his entitlementto possess or procure any license or permit of the type applicable to theactivity engaged in that resulted in conviction of the suspension offense. Thenotice must specify the commencement and termination dates of the period ofsuspension that apply under the terms of this section.
(d) Any violation of this Subchapter or of any rule adopted bythe Wildlife Resources Commission under the authority of this Subchapter whichis subject to a penalty greater than the one provided in G.S. 113‑135(a)(1)is a suspension offense. Conviction of any of the following suspension offensesresults in a suspension for a period of two years:
(1) A violation of G.S. 113‑294(b).
(2) A violation of G.S. 113‑294(c).
(2a) A violation of G.S. 113‑294(c1).
(3) A violation of G.S. 113‑294(e).
(4) Repealed by Session Laws 1999‑120, s. 2, effectiveOctober 1, 1999.
(5) A violation of G.S. 113‑291.1A.
Aconviction of any other suspension offense results in a suspension for a periodof one year.
(e) Unless otherwise provided in the judgment, any action by acourt under G.S. 113‑277 to suspend entitlement to a license or permit orto suspend or revoke a license or permit supersedes any suspension ofentitlement to a license or permit mandated by this section. If the judgment ofthe court after a conviction for suspension offense does not include anysuspension or revocation action, the provisions of this section apply. (1979, c. 830, s. 1; 1981, c. 424, s. 1; 1987, c. 827, s. 98; 1999‑120,s. 2; 2005‑62, s. 3.)