DAMAGE TO REAL PROPERTY/PUNISHMENT.

Printer-friendly: Click to view
View NCGA Bill Details2021
Senate Bill 553 (Public) Filed Monday, April 5, 2021
AN ACT TO INCREASE THE PUNISHMENT FOR WILLFUL AND WANTON INJURY TO REAL PROPERTY.
Intro. by Burgin, Daniel, Britt.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 6 2021)

Bill History:

S 553

Bill Summaries:

  • Summary date: Apr 6 2021 - View Summary

    Revises the punishment for the offense of willful and wanton injury to real property under GS 14-127, currently punishable as a Class 1 misdemeanor, as follows. Creates punishment tiers based on the damage, injury, or loss of property resulting from the violation. Deems damage, injury, or loss to real property in the amount of less than $1,000 a Class 1 misdemeanor, in the amount of at least $1,000 but less than $10,000 a Class H felony, and over $10,000 a Class F felony and deemed an aggravated offense. Adds the following. Makes a violation that results in a serious injury to another person a Class A1 misdemeanor, unless covered under another law providing for greater punishment. Makes a violation that results in serious bodily injury to another person a Class F felony, unless covered under law providing for greater punishment. Makes a violation that results in the death of another person a Class D felony, unless covered under law providing for greater punishment. Directs a court to order individuals convicted under the statute to make restitution for the offense pursuant to Article 81C of GS Chapter 15A, in addition to other fines and penalties that can be imposed for the violation. Specifies that the statute does not create or impose an additional duty of care upon the owner of real property. Provides civil immunity for real property owners for injuries to persons committing or attempting to commit a violation, persons injured while a third party is committing or attempting to commit a violation, and a person's injuries caused by a dangerous condition created as a result of a violation when the owner does not know or could not have reasonably known of the dangerous condition. 

    Enacts GS 15A-534.8 to require a judge to determine the conditions of pretrial release for a defendant charged with willful or wanton injury to real property under GS 14-127. Requires the judge to direct law enforcement or a district attorney to provide a criminal history report for the defendant to be considered by the judge in setting the conditions of release and returned to the providing agency or department. Prohibits unreasonable delay of the determination of conditions of pretrial release for the purpose of reviewing the criminal history report. Provides for the judge to retain the defendant in custody for a reasonable period of time while determining the conditions of release, subject to specified findings, and order the defendant to stay away from the locations or property of the offense in addition to execution of a secured bond. Makes the procedural provisions for setting conditions of pretrial release of GS 15A-534, and the procedures for involuntary commitment under Article 5 of GS Chapter 122C, applicable to the statute. Restricts retention of the defendant to 72 hours from the time of arrest without a determination being made under the statute by a judge, and directs the magistrate to act under the statute in the event the judge has not acted within that period. 

    Applies to offenses committed on or after December 1, 2021. 


  • Summary date: Apr 5 2021 - View Summary

    To be summarized.