Highway and Road Safety Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 903

Short Title: Highway and Road Safety Act. (Public)
Sponsors: Representatives Logan, Budd, Cunningham, and Majeed (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Appropriations, if favorable, Finance, if favorable, Rules, Calendar, and
Operations of the House
April 14, 2025
*H903-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO INCREASE S TATE TROOPERS IN MEC KLENBURG COUNTY, TO 2
INCREASE MAGISTRATES IN MECKLENBURG COUN TY, TO REVISE CERTAI N 3
PENALTIES FOR FAILURE TO STOP FOR A SCHO OL BUS AND AUTHORIZE THE 4
USE OF VEHICLE REGIS TRATION AS PRIMA FAC IE EVIDENCE OF 5
RESPONSIBILITY, AND TO EXPAND THE OPERATIONAL HOURS OF THE NORTH 6
CAROLINA DEPARTMENT OF TRANSPORTATION ME TROLINA 7
TRANSPORTATION MANAGEMENT CENTER IN CHARLOTTE. 8
The General Assembly of North Carolina enacts: 9
10
INCREASE TROOPERS IN MECKLENBURG COUNTY 11
SECTION 1.(a) There is appropriated from the General Fund to the State Highway 12
Patrol the sum of nine hundred ninety-nine thousand four hundred dollars ($999,400) in recurring 13
funds for the 2025 -2026 fiscal year and one million eighty -eight thousan d five hundred 14
ninety-two dollars ($1,088,592) in nonrecurring funds for the 2025 -2026 fiscal year to be used 15
to fund 12 full-time State Trooper positions. 16
SECTION 1.(b) Notwithstanding G.S. 20-192 and any rules and regulations created 17
pursuant to that statute, the State Trooper positions funded in this act shall result in an increase 18
of at least 12 State Troopers assigned to State Highway Patrol District H5 of Troop H. 19
SECTION 1.(c) This section becomes effective July 1, 2025. 20
21
INCREASE MAGISTRATES IN MECKLENBURG COUNTY 22
SECTION 2.(a) G.S. 7A-133(c) reads as rewritten: 23
"(c) Each county shall have the numbers of magistrates and additional seats of district 24
court, as set forth in the following table: 25
Magistrates Additional 26
County Min. Seats of Court 27
… 28
Mecklenburg 38.543.5 29
…." 30
SECTION 2.(b) There is appropriated from the General Fund to the Administrative 31
Office of the Courts the sum of four hundred two thousand seventy dollars ($402,070) in 32
recurring funds for the 2025 -2026 fiscal year and fifteen thousand one hundred forty dollars 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 903-First Edition
($15,140) in nonrecurring funds for the 2025 -2026 fiscal year to be used to hire five additional 1
magistrates to serve in Mecklenburg County pursuant to subsection (a) of this section. 2
SECTION 2.(c) This section becomes effective July 1, 2025. 3
4
INCREASE OF FINES FOR FAILURE TO STOP FOR A SCHOOL BUS AND 5
EXPANSION OF WHAT CONSTITUTES PRIMA FACIE EVIDENCE IN THOSE 6
CASES 7
SECTION 3.(a) G.S. 20-217 reads as rewritten: 8
"§ 20 -217. Motor vehicles to stop for properly marked and designated school buses in 9
certain instances; evidence of identity of driver. 10
… 11
(e) Except as provided in subsection (g) of this section, any person violating this section 12
shall be guilty of a Class 1 misdemeanor and shall pay a minimum fine of five hundred dollars 13
($500.00). one thousand dollars ($ 1,000). A person who violates subsection (a) of this section 14
shall not receive a prayer for judgment continued under any circumstances. 15
… 16
(g) Any person who willfully violates subsection (a) of this section and strikes any person 17
shall be guilty of a Class I felony and shall pay a minimum fine of one thousand two hundred 18
fifty dollars ($1,250). four thousand five hundred dollars ($4,500). Any person who willfully 19
violates subsection (a) of this section and strikes any person, resulting in the death of that person, 20
shall be guilty of a Class H felony and shall pay a minimum fine of two thousand five hundred 21
dollars ($2,500).seven thousand dollars ($7,000). 22
… 23
(i) Whenever evidence is presented in any court or administrative hearing of the fact that 24
a vehicle was operated in violation of this section, it shall be prima facie evidence that the vehicle 25
was operated by the person in whose name the vehicle was registered at the time of the violation 26
according to the Division's records. If the vehicle is rented, then proof of that rental shall be prima 27
facie evidence that the vehicle was operated by the renter of the vehicle at the time o f the 28
violation." 29
SECTION 3.(b) This section becomes effective December 1, 2025, and applies to 30
offenses committed on or after that date. 31
32
PROVISIONS REGARDING THE RECORDING, STORAGE, AND DISCLOSURE OF 33
VIDEO FROM DEPARTMENT OF TRANSPORTATION HIGHWAY CAMERAS 34
SECTION 4.(a) G.S. 132-1.1 is amended by adding a new subsection to read: 35
"(i) Highway camera video records stored by the Department of Transportation may not 36
be disclosed except as provided in G.S. 132-1.7B." 37
SECTION 4.(b) Chapter 132 of the General Statutes is amended by adding a new 38
section to read: 39
"§ 132-1.7B. Highway camera video records. 40
(a) Definitions. – The following definitions apply in this section: 41
(1) Disclose or disclosure. – To make a recording available fo r viewing or 42
listening to by the person requesting disclosure, at a time and location chosen 43
by the custodial law enforcement agency. This term does not include the 44
release of a recording. 45
(2) Highway camera. – A Department of Transportation video or digital camera, 46
located on highway right -of-way, for the purpose of monitoring vehicle 47
traffic. 48
(3) Personal representative. – A parent, court -appointed guardian, spouse, or 49
attorney of a person whose image or voice is in the recording. If a person 50
whose image or voice is in the recording is deceased, the term also means the 51
General Assembly Of North Carolina Session 2025
House Bill 903-First Edition Page 3
personal representative of the estate of the deceased person; the deceased 1
person's surviving spouse, parent, or adult child; the deceased person 's 2
attorney; or the parent or guardian of a surviving minor child of the deceased. 3
(4) Recording. – A visual, or visual and audio , recording captured by a highway 4
camera. 5
(5) Release. – To provide a copy of a recording. 6
(b) Highway cameras shall record and store incidents upon the request of law 7
enforcement agencies to assist the following types of incident investigations along the interstates 8
and highways: 9
(1) Vehicle chases. 10
(2) Hit and run crashes. 11
(3) Road rage altercations. 12
(4) Street races. 13
(5) Street takeovers. 14
(6) Any other incident investigations of which law enforcement agencies feel the 15
assistance of this technology would support and expedite. 16
(c) Public Record Classification. – Recordings under this section are not public records, 17
as defined by G.S. 132-1. 18
(d) Disclosure; General. – Except as provided under subsection (b) of this section, 19
recordings shall be disclosed only as provided by this section. A person requesting disclosure of 20
a recording must make a written request to the Department of Transportation. The request shall 21
include the name of the person making the request, date and approximate time of the activity 22
captured in the recording , or otherwise identify the activity with reasonable particularity 23
sufficient to identify the recording to which the request refers. The Department may only disclose 24
a recording to the following: 25
(1) A person whose image or voice is in the recording. 26
(2) A personal representative of an adult person whose image or voice is in the 27
recording, if the adult person has consented to the disclosure. 28
(3) A personal representative of a minor or of an adult person under lawful 29
guardianship whose image or voice is in the recording. 30
(4) A personal representative of a deceased person whose image or voice is in the 31
recording. 32
(5) A personal representative of an adult person who is incapacitated and unable 33
to provide consent to disclosure. 34
When disclosing the recording, the Department shall disclose only those portions of the 35
recording that are relevant to the person's request. A person who receives disclosure pursuant to 36
this subsection shall not record or copy the recording. 37
(e) Disclosure; Factors for Consideration. – Upon receipt of the written request for 38
disclosure under subsection (d) of this section, as promptly as possible, the Depar tment must 39
either disclose the portion of the recording relevant to the person's request or notify the requestor 40
of the decision not to disclose the recording to the requestor. The Department may consider any 41
of the following factors in determining if a recording is disclosed: 42
(1) If the person requesting disclosure of the recording is a person authorized to 43
receive disclosure pursuant to subsection (d) of this section. 44
(2) If the recording contains information that is otherwise confidential or exempt 45
from disclosure or release under State or federal law. 46
(3) If disclosure would reveal information regarding a person that is of a highly 47
sensitive personal nature. 48
(4) If disclosure may harm the reputation or jeopardize the safety of a person. 49
(5) If disclosure would create a serious threat to the fair, impartial, and orderly 50
administration of justice. 51
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(6) If confidentiality is necessary to protect either an active or inactive internal or 1
criminal investigation or potential internal or criminal investigation. 2
(f) Appeal of Disclosure Denial. – If the Department denies disclosure pursuant to 3
subsection (e) of this section, or has failed to provide disclosure more than three business days 4
after the request for disclosure, the person seeking disclosure may apply to the superior court in 5
any county where any portion of the recording was made for a review of the denial of disclosure. 6
The court may conduct an in-camera review of the recording. The court may order the disclosure 7
of the recording only if the court finds t hat the Department abused its discretion in denying the 8
request for disclosure. The court may only order disclosure of those portions of the recording that 9
are relevant to the person's request. A person who receives disclosure pursuant to this subsection 10
shall not record or copy the recording. An order issued pursuant to this subsection may not order 11
the release of the recording. 12
In any proceeding pursuant to this subsection, the following persons shall be notified and 13
those persons, or their designated representative, shall be given an opportunity to be heard at any 14
proceeding: (i) the head of the Department, (ii) any law enforcement agency personnel whose 15
image or voice is in the recording and the head of that person 's employing law enforcement 16
agency, and (iii) the district attorney. Actions brought pursuant to this subsection shall be set 17
down for hearing as soon as practicable, and subsequent proceedings in such actions shall be 18
accorded priority by the trial and appellate courts. 19
(g) Release of Recordings; General; Court Order Required. – Except as provided under 20
subsection (b) of this section, r ecordings shall only be released pursuant to court order. Any 21
person requesting release of a recording may file an action in the superior court in any county 22
where any portion of the recording was made for an order releasing the recording. The request 23
for release must state the date and approximate time of the activity captured in the recording or 24
otherwise identify the activity with reasonable particularity sufficient to identify the recording to 25
which the action refers. The court may conduct an in -camera review of the recording. In 26
determining whether to order the release of all or a portion of the recording, in addition to any 27
other standards the court deems rel evant, the court shall consider the applicability of all of the 28
following standards: 29
(1) Release is necessary to advance a compelling public interest. 30
(2) The recording contains information that is otherwise confidential or exempt 31
from disclosure or release under State or federal law. 32
(3) The person requesting release is seeking to obtain evidence to determine legal 33
issues in a current or potential court proceeding. 34
(4) Release would reveal information regarding a person that is of a highly 35
sensitive personal nature. 36
(5) Release may harm the reputation or jeopardize the safety of a person. 37
(6) Release would create a serious threat to the fair, impartial, and orderly 38
administration of justice. 39
(7) Confidentiality is necessary to protect either an active or inactive internal or 40
criminal investigation or potential internal or criminal investigation. 41
(8) There is good cause shown to release all portions of a recording. 42
The court shall release only those portions of the recording that are relevant to the per son's 43
request and may place any conditions or restrictions on the release of the recording that the court, 44
in its discretion, deems appropriate. 45
In any proceeding pursuant to this subsection, the following persons shall be notified and 46
those persons, or their designated representative, shall be given an opportunity to be heard at any 47
proceeding: (i) the head of the Department, (ii) any law enforcement agency personnel whose 48
image or voice is in the recording and the head of that person 's employing law enf orcement 49
agency, and (iii) the district attorney. Actions brought pursuant to this subsection shall be set 50
General Assembly Of North Carolina Session 2025
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down for hearing as soon as practicable, and subsequent proceedings in such actions shall be 1
accorded priority by the trial and appellate courts. 2
(h) Release of Recordings; Law Enforcement Purposes. – Notwithstanding any provision 3
of this section to the contrary , the Department shall disclose or release a recording to a district 4
attorney (i) for review of potential criminal charges, (ii) in order to co mply with discovery 5
requirements in a criminal prosecution, (iii) for use in criminal proceedings in district court, or 6
(iv) for any other law enforcement purpose and may disclose or release a recording for suspect 7
identification or apprehension or to locate a missing or abducted person. 8
(i) Retention of Recordings. – The Department shall not be required to retain any 9
recording subject to the provisions of this section for more than 30 days, unless a court of 10
competent jurisdiction orders otherwise. 11
(j) No civil liability shall arise from compliance with the provisions of this section, 12
provided that the acts or omissions are made in good faith and do not constitute gross negligence, 13
willful or wanton misconduct, or intentional wrongdoing. 14
(k) Fee for Copies. – The Department may charge a fee to offset the cost incurred by it 15
to make a copy of a recording for release. The fee shall not exceed the actual cost of making the 16
copy. 17
(l) Attorneys' Fees. – The court may not award attorneys' fees to any party in any action 18
brought pursuant to this section. 19
(m) Use of Recordings. – Recordings subject to this section may not be used for fines or 20
private investigation. 21
(n) Elected Official. – No elected official may review recordings subject to this section, 22
unless they meet the criteria in subsection (d) of this section. This subsection does not apply to a 23
county sheriff or district attorney if review of the recordings is within the scope of a criminal 24
investigation." 25
SECTION 4.(c) This section becomes effective July 1, 2025. 26
27
FUND THE 24-HOUR OPERATION OF THE NORTH CAROLINA DEPARTMENT OF 28
TRANSPORTATION METROLINA TRANSPORTATION MANAGEMENT CENTER 29
IN CHARLOTTE 30
SECTION 5.(a) There is appropriated from the Highway Fund to the Department of 31
Transportation the sum of three million dollars ($3,000,000) in recurring funds for the 2025-2026 32
fiscal year for the purpose of expanding the operational hours of the IMap and North Caroli na 33
Department of Transportation Metrolina Transportation Management Center in Charlotte, North 34
Carolina, to 24 hours a day, every day of the year. 35
SECTION 5.(b) Of the funds appropriated from the General Fund to the Department 36
of Transportation for the 2025-2026 fiscal year, the sums of fifteen million dollars ($15,000,000) 37
in recurring funds and twenty million dollars ($20,000,000) in nonrecurring funds are allocated 38
to be used by the Department for the purpose of expanding the operational hours of the IMap and 39
North Carolina Department of Transportation Metrolina Transportation Management Center in 40
Charlotte, North Carolina, to 24 hours a day, every day of the year. 41
SECTION 5.(c) This section becomes effective July 1, 2025. 42
43
EFFECTIVE DATE 44
SECTION 6. Except as otherwise provided, this act is effective when it becomes 45
law. 46