§ 20-24. When court or child support enforcement agency to forward license to Division and report convictions, child support delinquencies, and prayers for judgment continued.
§ 20‑24. When court orchild support enforcement agency to forward license to Division and reportconvictions, child support delinquencies, and prayers for judgment continued.
(a) License. A courtthat convicts a person of an offense that requires revocation of the person'sdrivers license or revokes a person's drivers license pursuant to G.S. 50‑13.12shall require the person to give the court any regular or commercial driverslicense issued to that person. A court that convicts a person of an offense thatrequires disqualification of the person but would not require revocation of aregular drivers license issued to that person shall require the person to givethe court any Class A or Class B regular drivers license and any commercialdrivers license issued to that person.
The clerk of court in a non‑IV‑Dcase, and the child support enforcement agency in a IV‑D case, shallaccept a drivers license required to be given to the court under thissubsection. A clerk of court or the child support enforcement agency whoreceives a drivers license shall give the person whose license is received acopy of a dated receipt for the license. The receipt must be on a form approvedby the Commissioner. A revocation or disqualification for which a license isreceived under this subsection is effective as of the date on the receipt forthe license.
The clerk of court or thechild support enforcement agency shall notify the Division of a licensereceived under this subsection either by forwarding to the Division thelicense, a record of the conviction for which the license was received, a copyof the court order revoking the license for failure to pay child support forwhich the license was received, and the original dated receipt for the licenseor by electronically sending to the Division the information on the license,the record of conviction or court order revoking the license for failure to paychild support, and the receipt given for the license. The clerk of court or thechild support enforcement agency must forward the required items unless theCommissioner has given the clerk of court or the child support enforcementagency approval to notify the Division electronically. If the clerk of court orthe child support enforcement agency notifies the Division electronically, theclerk of court or the child support enforcement agency must destroy a licensereceived after sending to the Division the required information. The clerk ofcourt or the child support enforcement agency shall notify the Division within30 days after entry of the conviction or court order revoking the license forfailure to pay child support for which the license was received.
(b) Convictions, CourtOrders of Drivers License Revocations, and PJCs. The clerk of court shallsend the Division a record of any of the following:
(1) A conviction of aviolation of a law regulating the operation of a vehicle.
(2) A conviction forwhich the convicted person is placed on probation and a condition of probationis that the person not drive a motor vehicle for a period of time, stating theperiod of time for which the condition applies.
(3) A conviction of afelony in the commission of which a motor vehicle is used, when the judgmentincludes a finding that a motor vehicle was used in the commission of thefelony.
(4) A conviction thatrequires revocation of the drivers license of the person convicted and is nototherwise reported under subdivision (1).
(4a) A court orderrevoking drivers license pursuant to G.S. 50‑13.12.
(5) An order enteringprayer for judgment continued in a case involving an alleged violation of a lawregulating the operation of a vehicle.
The child support enforcementagency shall send the Division a record of any court order revoking driverslicense pursuant to G.S. 110‑142.2(a)(1).
With the approval of theCommissioner, the clerk of court or the child support enforcement agency mayforward a record of conviction, court order revoking drivers license, or prayerfor judgment continued to the Division by electronic data processing means.
(b1) In any case in whichthe Division, for any reason, does not receive a record of a conviction or aprayer for judgment continued until more than one year after the date it isentered, the Division may, in its discretion, substitute a period of probationfor all or any part of a revocation or disqualification required because of theconviction or prayer for judgment continued.
(c) Repealed by SessionLaws 1991, c. 726, s. 10.
(d) Scope. ThisArticle governs drivers license revocation and disqualification. A driverslicense may not be revoked and a person may not be disqualified except inaccordance with this Article.
(e) SpecialInformation. A judgment for a conviction for an offense for which specialinformation is required under this subsection shall, when appropriate, includea finding of the special information. The convictions for which specialinformation is required and the specific information required is as follows:
(1) Homicide. If aconviction of homicide involves impaired driving, the judgment must indicatethat fact.
(2) G.S. 20‑138.1,Driving While Impaired. If a conviction under G.S. 20‑138.1 involves acommercial motor vehicle, the judgment must indicate that fact. If a convictionunder G.S. 20‑138.1 involves a commercial motor vehicle that wastransporting a hazardous substance required to be placarded, the judgment mustindicate that fact.
(3) G.S. 20‑138.2,Driving Commercial Motor Vehicle While Impaired. If the commercial motorvehicle involved in an offense under G.S. 20‑138.2 was transporting ahazardous material required to be placarded, a judgment for that offense mustindicate that fact.
(4) G.S. 20‑166,Hit and Run. If a conviction under G.S. 20‑166 involves a commercialmotor vehicle, the judgment must indicate that fact. If a conviction under G.S.20‑166 involves a commercial motor vehicle that was transporting ahazardous substance required to be placarded, the judgment must indicate thatfact.
(5) Felony UsingCommercial Motor Vehicle. If a conviction of a felony in which a commercialmotor vehicle was used involves the manufacture, distribution, or dispensing ofa controlled substance, or possession with intent to manufacture, distribute,or dispense a controlled substance, the judgment must indicate that fact. If acommercial motor vehicle used in a felony was transporting a hazardoussubstance required to be placarded, the judgment for that felony must indicatethat fact. (1935, c. 52, s. 18; 1949, c. 373, ss. 3, 4; 1955, c.1187, s. 14; 1959, c. 47; 1965, c. 38; 1973, c. 19; 1975, cc. 46, 445; c. 716,s. 5; c. 871, s. 1; 1979, c. 667, s. 41; 1981, c. 416; c. 839; 1983, c. 294, s.5; c. 435, s. 19; 1985, c. 764, s. 18; 1985 (Reg. Sess., 1986), c. 852, s. 17;1987, c. 581, s. 1; c. 658, s. 2; 1989, c. 771, s. 10; 1991, c. 726, s. 10;1993, c. 533, s. 7; 1995, c. 538, s. 2(c).)