CONNER’S LAW.

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View NCGA Bill Details2019-2020 Session
House Bill 283 (Public) Filed Wednesday, March 6, 2019
AN ACT TO INCREASE THE PUNISHMENT FOR ASSAULT WITH A FIREARM ON A LAW ENFORCEMENT OFFICER, PROBATION OFFICER, OR PAROLE OFFICER; TO INCREASE THE PENALTY FOR ASSAULT WITH A DEADLY WEAPON AGAINST CERTAIN EMERGENCY PERSONNEL; AND TO PROVIDE AN ADDITIONAL DEATH BENEFIT FOR PUBLIC SAFETY EMPLOYEES WHO ARE MURDERED IN THE LINE OF DUTY.
Intro. by Jones, Bell, Moore, Hastings.

Status: Ch. SL 2019-228 (Oct 9 2019)

SOG comments (2):

Long title change

House committee substitute to the 1st edition changed the long title.  Original title was AN ACT TO INCREASE THE PUNISHMENT FOR ASSAULT WITH A FIREARM ON A LAW ENFORCEMENT OFFICER, PROBATION OFFICER, OR PAROLE OFFICER AND TO PROVIDE AN ADDITIONAL DEATH BENEFIT FOR PUBLIC SAFETY EMPLOYEES WHO ARE MURDERED IN THE LINE OF DUTY.

Identical bill

Identical to S 306, filed 3/19/19.

 

Bill History:

H 283/S.L. 2019-228

Bill Summaries:

  • Summary date: Oct 10 2019 - View Summary

    AN ACT TO INCREASE THE PUNISHMENT FOR ASSAULT WITH A FIREARM ON A LAW ENFORCEMENT OFFICER, PROBATION OFFICER, OR PAROLE OFFICER; TO INCREASE THE PENALTY FOR ASSAULT WITH A DEADLY WEAPON AGAINST CERTAIN EMERGENCY PERSONNEL; AND TO PROVIDE AN ADDITIONAL DEATH BENEFIT FOR PUBLIC SAFETY EMPLOYEES WHO ARE MURDERED IN THE LINE OF DUTY. SL 2019-228. Enacted October 9, 2019. Effective October 9, 2019, except as otherwise provided.


  • Summary date: Aug 28 2019 - View Summary

    Senate amendment to the 3rd edition makes the following changes.

    Further amends proposed GS 143-166.3(e) to make the $100,000 death benefit payable to the specified entities when a covered person (includes firefighters, law enforcement officers, noncustodial employees of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, rescue squad workers, and Senior Civil Air Patrol members) is murdered in the line of duty, so that it is applicable on or after July 1, 2016. Changes the effective date of proposed GS 143-166.3(e) so that it becomes effective upon appropriation by the General Assembly of funds for the implementation of this section and makes it applicable to qualifying deaths occurring on or after July 1, 2016.


  • Summary date: Mar 18 2019 - View Summary

    House committee substitute makes the following changes to the 2nd edition.

    Effective retroactively to qualifying deaths occurring on or after April 1, 2017, makes a clarifying change to GS 143-166.3(a), which provides a death benefit to specified survivors in the amount of $100,000 when any covered person is killed in the line of duty. Specifies that the payment is to be made to the estate of the deceased in the event there is no surviving spouse, surviving dependent child, or surviving dependent parent (previously, did not specify the surviving parent to be dependent; however, existing language of subdivision (a)(3) [which precedes the final alternative for the payment to be made to the estate] provides for payment to a surviving dependent parent only in the event there is no surviving spouse or surviving dependent child). 


  • Summary date: Mar 13 2019 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Makes a clarifying change to proposed GS 143-166.3(e), which provides for an additional death benefit to specified survivors in the amount of $100,000 when any covered person is murdered in the line of duty.

    Amends GS 14-34.6 to make any person who assaults or affrays the emergency responders currently listed in that section and inflicts serious injury or uses a deadly weapon other than a firearm guilty of a Class G felony (currently, Class H felony). Makes any person who commits the offense and uses a firearm guilty of a Class E felony (currently, Class F felony). Applies to offenses committed on or after December 1, 2019. Makes conforming changes to the long title.


  • Summary date: Mar 6 2019 - View Summary

    Amends GS 14-34.5, increasing the offense of assault with a firearm upon a law enforcement officer, probation officer, or parole officer while the officer is in the performance of the officer's duties from a Class E to a Class D felony. Applies to offenses committed on or after December 1, 2019. Clarifies that prosecutions for offenses committed before the effective date are not abated or affected by the act, and statutes that would be applicable but for the act remain applicable to those prosecutions. 

    Current law (GS 143-166.3) provides a death benefit in the amount of $100,000, paid to the surviving spouse, dependent child(ren), dependent parent(s), or the deceased's estate as provided, when a covered person is killed in the line of duty. Current law (GS 143-166.2) defines covered person to include firefighters, law enforcement officers, noncustodial employees of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, rescue squad workers, and Senior Civil Air Patrol members. Amends GS 143-166.3, directing the Industrial Commission to award an additional death benefit in the amount of $100,000 when any covered person is murdered in the line of duty, to be paid to the surviving spouse, dependent child(ren), dependent parent(s), or the deceased's estate as provided. Amends GS 143-166.2, defining murdered in the line of duty to mean the death of a covered person who was killed in the line of duty in a manner reasonably determined by the Industrial Commission to be directly caused by the intentional harmful act of another person. Effective retroactively to July 1, 2017, and applies to qualifying deaths occurring on or after that date.