NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 1125

SENATE BILL 817

AN ACT TO AMEND G.S. 20-17.1 PERTAINING TO REVOCATION OF MOTOR VEHICLE OPERATOR'S LICENSE OF MENTAL INCOMPETENTS, ALCOHOLICS AND HABITUAL USERS OF NARCOTIC DRUGS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 20-17.1 as the same appears in the 1965 Replacement Volume 1C of the Genera] Statutes is hereby amended by rewriting to read as follows:

"G.S. 20-17.1.  Revocation of license of mental incompetents, alcoholics and habitual users of narcotic drugs. (a) The Commissioner, upon receipt of notice that any person has been legally adjudged incompetent or has been admitted as an in-patient to an institution for the treatment of the mentally ill or has entered an institution for the treatment of alcoholism or drug addiction shall forthwith make inquiry into the facts for the purpose of determining whether such person is competent to operate a motor vehicle. Unless the Commissioner is satisfied that such person is competent to operate a motor vehicle with safety to persons and property, he shall revoke such person's driving privilege. No driving privilege revoked hereunder shall be restored unless and until the Commissioner is satisfied that the person is competent to operate a motor vehicle with safety to persons and property.

(b)        If any person shall be adjudged as incompetent for any reason, the Clerk of the Court in which any such adjudication is made shall forthwith send a certified copy of abstract thereof to the Commissioner.

(c)        The person in charge of every institution of any nature for the care and treatment of the mentally ill, the care and treatment of alcoholics or habitual users of narcotic drugs shall forthwith report to the Commissioner in sufficient detail tor accurate identification the admission of every person.

(d)        It is the intent of this Section that the provisions herein shall be carried out by the Commissioner of Motor Vehicles for the safety of the motoring public. The Commissioner shall have authority to make such agreements as are necessary with the persons in charge of every institution of any nature for the care and treatment of the mentally ill and of alcoholics or habitual users of narcotic drugs, to effectively carry out the duty hereby imposed and the person in charge of the institutions described above shall cooperate with and assist the Commissioner of Motor Vehicles.

(e)        Notwithstanding the provisions of G.S. 8-53, G.S. 8-53.2, G.S. 122-8.1 and G.S. 122-8.2, the person or persons in charge of any institution as set out in subparagraph (c) hereinabove shall furnish such information as may be required for the effective enforcement of this Section. Information furnished to the Department of Motor Vehicles as provided herein shall be confidential and the Commissioner of Motor Vehicles shall be subject to the same penalties and is granted the same protection as is the Department, institution or individual furnishing such information. No criminal or civil action may be brought against any person or agency who shall provide or submit to the Commissioner of Motor Vehicles or his authorized agents the information as required herein.

(f)         Revocations under this Section may be reviewed as provided in G.S. 20-9(g)(4)."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 30th day of June, 1969.