AN ACT TO INCREASE THE PUNISHMENT FOR PROPERTY CRIMES COMMITTED AGAINST UTILITIES, INCLUDING FACILITIES INVOLVED IN THE TRANSMISSION OF TELEPHONE, BROADBAND, BROADCAST, OR CABLE TELECOMMUNICATIONS SERVICES AND FACILITIES INVOLVED IN THE PRODUCTION, STORAGE, TRANSMISSION, OR DISTRIBUTION OF ELECTRICITY, FUEL, OR ANOTHER FORM OR SOURCE OF ENERGY. SL 2023-47. Enacted June 19, 2023. Effective December 1, 2023.
PROTECT CRITICAL INFRASTRUCTURE.
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO INCREASE THE PUNISHMENT FOR PROPERTY CRIMES COMMITTED AGAINST UTILITIES, INCLUDING FACILITIES INVOLVED IN THE TRANSMISSION OF TELEPHONE, BROADBAND, BROADCAST, OR CABLE TELECOMMUNICATIONS SERVICES AND FACILITIES INVOLVED IN THE PRODUCTION, STORAGE, TRANSMISSION, OR DISTRIBUTION OF ELECTRICITY, FUEL, OR ANOTHER FORM OR SOURCE OF ENERGY.Intro. by McInnis, Britt, P. Newton.
Bill History:
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Wed, 1 Feb 2023 Senate: Filed
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Thu, 2 Feb 2023 Senate: Passed 1st Reading
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Thu, 2 Feb 2023 Senate: Passed 1st Reading
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Thu, 2 Feb 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 2 Feb 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 15 Feb 2023 Senate: Withdrawn From Com
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Tue, 28 Feb 2023 Senate: Reptd Fav Com Substitute
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Tue, 28 Feb 2023 Senate: Com Substitute Adopted
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Tue, 28 Feb 2023 Senate: Re-ref Com On Judiciary
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Tue, 7 Mar 2023 Senate: Reptd Fav Com Substitute
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Tue, 7 Mar 2023 Senate: Com Substitute Adopted
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Tue, 7 Mar 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Mon, 13 Mar 2023 Senate: Reptd Fav
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Tue, 14 Mar 2023 Senate: Amend Adopted A1
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Tue, 14 Mar 2023 Senate: Amend Adopted A2
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Tue, 14 Mar 2023 Senate: Passed 2nd Reading
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Tue, 14 Mar 2023 Senate: Passed 3rd Reading
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Tue, 14 Mar 2023 Senate: Engrossed
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Wed, 15 Mar 2023 Senate: Regular Message Sent To House
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Wed, 15 Mar 2023 House: Regular Message Received From Senate
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Thu, 16 Mar 2023 House: Passed 1st Reading
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Thu, 16 Mar 2023 House: Ref To Com On Rules, Calendar, and Operations of the House
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Mon, 12 Jun 2023 House: Withdrawn From Com
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Tue, 13 Jun 2023 House: Reptd Fav
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Tue, 13 Jun 2023 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Wed, 14 Jun 2023 House: Reptd Fav Com Substitute
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Wed, 14 Jun 2023 House: Cal Pursuant Rule 36(b)
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Wed, 14 Jun 2023 House: Added to Calendar
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Wed, 14 Jun 2023 House: Passed 2nd Reading
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Wed, 14 Jun 2023 House: Passed 3rd Reading
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Wed, 14 Jun 2023 House: Special Message Sent To Senate
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Wed, 14 Jun 2023 Senate: Special Message Received For Concurrence in H Com Sub
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Wed, 14 Jun 2023 Senate: Placed On Cal For 06/15/2023
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Thu, 15 Jun 2023 Senate: Concurred In H Com Sub
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Thu, 15 Jun 2023 Senate: Ordered Enrolled
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Thu, 15 Jun 2023 Senate: Ratified
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Thu, 15 Jun 2023 Senate: Pres. To Gov. 6/15/2023
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Mon, 19 Jun 2023 Senate: Signed by Gov. 6/19/2023
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Mon, 19 Jun 2023 Senate: Ch. SL 2023-47
Bill Summaries:
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Bill S 58 (2023-2024)Summary date: Jun 19 2023 - View Summary
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Bill S 58 (2023-2024)Summary date: Jun 14 2023 - View Summary
House committee substitute to the 4th edition makes the following changes.
Amends GS 14-154 to also make it a Class C felony to injure, destroy, or pull down any cables, apparatus, equipment, or fixture used in the transmission of broadcast communications. Make a conforming change.
Makes conforming changes to the act's long title.
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Bill S 58 (2023-2024)Summary date: Mar 14 2023 - View Summary
Senate amendments to the third edition make the following changes. Amendment #1 amends the civil remedies provision of GS 14-150.2(e) to only authorize treble damages fixed by the verdict or punitive damages if damages are assessed in the case. (Prior version contained no contingency on recovery of damages or authorization of punitive damages.) Specifies that a violation of the statute constitute willful and wanton damage in any civil lawsuit within the meaning of the punitive damages statute (GS 1D-5(7)). Adds new subsection GS 14-150.2(g) that prevents the availability of treble damages from being made known to the trier of fact through any means including voir dire, the introduction of evidence, argument or jury instructions. Enacts new GS 1D-27 exempting punitive damages awarded in a civil lawsuit for injury to an energy facility from the damages cap set forth in GS 1D-25(b) (damages cap for punitive damages).
Amendment #2 amends GS 14-150.2(a) by adding subsection GS 14-150.2(a)(3), which lists out hardware, software, or other digital infrastructure necessary for the operations of a facility as types of facilities that are included in the definition of energy facility. Also makes it illegal to obstruct, impede, or impair the services or transmissions of an energy facility, or attempt to obstruct, impede, or impair the services or transmissions of an energy facility. Punishable as a Class C felony, increased to Class B2 if the violation results in another's death. Amends GS 14-159.12 amending the circumstances warranting injury to an energy facility as a Class I felony by requiring, in addition to the other circumstances, injury to an energy facility as it is defined in the act. (Replaces description of facility as “Any facility involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities related thereto, regardless of whether the facility is under construction or is otherwise not functioning.”)
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Bill S 58 (2023-2024)Summary date: Mar 7 2023 - View Summary
Senate committee substitute to the 2nd edition makes the following changes. Clarifies that GS 14-150.2 (creating criminal offenses for knowing or willful injury to an energy facilities) does not apply to demolition work and other activity that is performed at or on an energy facility by the owner or operator of the facility, or an agent of the owner or operator authorized to perform such work or activity by the owner or operator. Removes proposed amendments to GS 62-323, willful injury to property of public utility, which increased violation to felony (currently, a Class 1 misdemeanor).
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Bill S 58 (2023-2024)Summary date: Feb 28 2023 - View Summary
Senate committee substitute to the 1st edition makes the following changes. Changes the act’s long title. Amends the definition of energy facility as it is used in new GS 14-150.2 to make organizational changes and to clarify the scope of energy facilities involved in research, development, or demonstration. Adds that the term also includes any facility in operation, under construction, or otherwise not functioning. Amends the punishment subsection of GS 14-150.2 by adding that any violation of the act that results in the death of another is a Class B2 felony.
Adds facilities owned by a public utility as defined under state public utilities law (GS 62-3) or a unit of local government used for the treatment of wastewater, including sewage, industrial waste, or other wastes of a liquid nature as one of the qualifying facilities to establish a violation of GS 14-159.12 as a Class I felony if the act is committed on its premises.
Amends GS 62-323 (pertaining to willful injury to the property of a public utility) as follows. Specifies that violations of GS 62-323 are a Class C felony. (Currently, Class 1 misdemeanor.) Makes language gender neutral. Makes conforming organizational changes to the act.
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Bill S 58 (2023-2024)Summary date: Feb 1 2023 - View Summary
Enacts new Section GS 14-150.2, Injuring energy facility. Makes it a Class C felony with a mandatory fine of $250,000 to knowingly and willfully destroy, injure, or otherwise damage, or attempt to destroy, injure, or otherwise damage, an energy facility. Defines energy facility as any facility involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities related thereto, regardless of whether the facility is under construction or is otherwise not functioning. Energy facility includes any line, wire, pipe, or other property or equipment used as part of the normal operation of the facility. Stipulates that each violation of the new law constitutes a separate offense and will not be merged with any other offenses.
Creates a civil cause of action for any person whose property or person is injured due to a violation of the new law to recover treble damages (actual and consequential), costs, and attorneys' fees from the person who committed the violation of this statute and any person who acts as an accessory before or after the fact, aids or abets, solicits, conspires, or lends material support to the violation. States that the rights and remedies provided are in addition to any other rights or remedies provided by law.
Amends GS 14-159.12 (first degree trespass) by increasing the penalty to a Class I felony (was, Class A1 misdemeanor) when the offense is committed on the premises of certain facilities. Removes electric power supplier facilities and natural gas facilities from the list of premises that upgrade first degree trespass to a Class I felony. Adds any facility involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities related thereto, regardless of whether the facility is under construction or is otherwise not functioning to the list of premises that upgrade first degree trespass to a Class I felony. Makes it a Class G felony (was, Class H) if the offender commits the offense on any of those enumerated premises with the intent to disrupt the normal operation of those facilities or the offense involves an act that places either the offender or others on the premises at risk of serious bodily injury. Makes terms gender-neutral. Makes technical changes.
Amends GS 14-154 as follows. Renames statute title to injuring wires and other fixtures of telephone and broadband companies (was, fixtures of telephone, telegraph, and electric power). Makes it a Class C felony (was, Class I felony) to willful injure, destroy, or pull down (1) any telephone, broadband, or cable telecommunications pedestal or pole (removes telegraph and electric power transmissions from list); (2) any apparatus, equipment or fixture used in the transmission of those telecommunications (removes telegraph and electrical power service from list); or (3) any apparatus, equipment, or fixture related to wireless communications regulated by the FCC (was, just equipment).
Repeals GS 14-152 (creating civil liability for and creating misdemeanor offense to injure fixtures and other property of gas companies) and GS 14-156 (creating misdemeanor offense to injure fixtures and other property of electric-power companies).
Effective December 1, 2023, and applies to offenses committed on or after that date. Stipulates that prosecutions for offenses committed before the effective date are not abated or affected by the new law, and that the statutes that would be applicable but for the act remain applicable to those prosecutions.
Committee substitute to the 4th edition changed the long title. Previous long title was AN ACT TO INCREASE THE PUNISHMENT FOR PROPERTY CRIMES COMMITTED AGAINST FACILITIES INVOLVED IN THE TRANSMISSION OF TELEPHONE, BROADBAND, OR CABLE TELECOMMUNICATIONS SERVICES AND FACILITIES INVOLVED IN THE PRODUCTION, STORAGE, TRANSMISSION, OR DISTRIBUTION OF ELECTRICITY, FUEL, OR ANOTHER FORM OR SOURCE OF ENERGY.