The Governor vetoed the act on 09/10/21. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/53069/0/H805-BD-NBC-9176.
Summary date: Sep 13 2021 - View summary
Summary date: Aug 9 2021 - View summary
Senate committee substitute to the 2nd edition makes the following changes.
Revises the proposed changes to GS 14-288.2, which sets out punishments for rioting or inciting rioting. Now makes it a Class H felony for any person to brandish any dangerous weapon or use a dangerous substance in the course of a riot (was, for any person to possess any dangerous weapon or substance, and did not specify that the offense must happen in the course of the riot). Modifies the new Class F felony created, now making it a Class F felony to willfully engage in a riot where in the course of the riot, the person causes property damage of more than $1,500 or serious bodily injury (previously, more broadly required the riot to result in such property damage or serious bodily injury). Similarly, modifies the new Class E felony created, now making it a Class E felony to willfully engage in a riot where in the course of the riot, the person causes a death (previously, more broadly required the death to result from the riot). Additionally, modifies the new Class D felony created, now making it a Class D felony to willfully incite or urge another to engage in a riot and such inciting or urging causes a death (previously, required that such inciting or urging be a contributing cause of a riot in which a death results). Changes the act's long title.
Summary date: May 10 2021 - View summary
House amendment makes the following changes to the 1st edition.
Further amends GS 14-288.2, which sets out punishments for rioting or inciting rioting, to add new subsection (g), specifying that mere presence alone without an overt act is not sufficient to sustain a conviction under the statute.
Bill H 805 (2021-2022)Summary date: May 3 2021 - View summary
Amends GS 14-288.2, setting out punishments for rioting or inciting rioting, as follows. Increases the penalty for willfully engaging in a riot if in the course of and as a result of the riot there is property damage in excess of $1,500 or serious bodily injury, from a Class H felony to a Class F felony. Adds a Class E felony for willfully engaging in a riot if in the course of and as a result of the riot there is a death. Increases the punishment from a Class 1 misdemeanor to a Class A1 misdemeanor for willfully inciting or urging another to engage in a riot, so that as a result of such inciting or urging a riot occurs or a clear and present danger of a riot is created. Increases from a Class F felony to a Class E felony willfully inciting or urging another to engage in a riot, when such inciting or urging is a contributing cause of a riot in which there is property damage in excess of $1,500 or serious bodily injury. Adds a Class D felony for willfully inciting or urging another to engage in a riot, and such inciting or urging is a contributing cause of a riot in which a death results. Adds that any person whose person or property is injured by reason of a violation of the statute may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys' fees.
Amends GS 14-288.6 (prohibiting looting; trespass during emergency) by adding that any person whose person or property is injured by reason of a violation of the statute may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys' fees.
Amends GS 14-288.9, prohibiting assault on emergency personnel, by making the following changes. Expands the definition of emergency personnel to also include members of the NC National Guard, and provides that it also includes persons discharging or attempting to discharge his or her official duties during an emergency (not just those engaged in providing essential services during the emergency). Makes the assault a felony whether or not physical injury is caused and increases the punishment from a Class I to a Class H felony.
Enacts new GS 15A-534.8 to require a judge to be the one to determine the conditions of pretrial release in all cases in which the defendant is charged with a violation of GS 14-288.2 or GS 14-288.6. Requires the judge to direct a law enforcement officer or a district attorney to provide the defendant's criminal history report and consider the criminal history when setting conditions of release. Requires the following to apply in addition to the provisions of GS 15A-534 (procedure for determining conditions of pretrial release): (1) upon a determination by the judge that the defendant's immediate release will pose a danger of injury to persons and upon a determination that the execution of an appearance bond will not reasonably assure that such injury will not occur, a judge may retain the defendant in custody for a reasonable period of time while determining conditions of pretrial release; (2) a judge may order the defendant to stay away from specific locations or property where the offense occurred; and (3) should the defendant be mentally ill and dangerous to himself or herself or others, or a substance abuser and dangerous to himself or herself or others, the provisions of Article 5 of GS Chapter 122C (Procedure for Admission and Discharge of Clients) apply. Prohibits keeping a defendant in custody more than 48 hours from the time of arrest without a determination being made under this statute by a judge. If a judge has not acted within 48 hours of arrest, requires the magistrate to act under this statute.
Effective December 1, 2021, and applies to offenses committed on or after that date.