GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

 

 

SESSION LAW 2011-216

HOUSE BILL 381

 

 

AN ACT to prevent law ENFORCEMENT agencies from ESTABLISHING patterns for vehicle stops at checking stations based on a particular type of vehicle.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 20-16.3A  is amended by adding a new subsection to read:

"(a1)     A pattern designated by a law enforcement agency pursuant to subsection (a) of this section shall not be based on a particular vehicle type, except that the pattern may designate any type of commercial motor vehicle as defined in G.S. 20-4.01(3d). The provisions of this subsection shall apply to this Chapter only and are not to be construed to restrict any other type of checkpoint or roadblock which is lawful and meets the requirements of subsection (c) of this section."

SECTION 2.  This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

In the General Assembly read three times and ratified this the 15th day of June, 2011.

 

 

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

 

 

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Beverly E. Perdue

                                                                         Governor

 

 

Approved 12:16 p.m. this 23rd day of June, 2011