RESTORE INJURED MONUMENT/PROSECUTION.

View NCGA Bill Details2019-2020 Session
House Bill 356 (Public) Filed Wednesday, March 13, 2019
AN ACT TO DIRECT THE STATE OR A POLITICAL SUBDIVISION OF THE STATE TO RESTORE ANY OBJECT OF REMEMBRANCE THAT IS INJURED BY A MEMBER OR MEMBERS OF THE PUBLIC AND TO AUTHORIZE THE ATTORNEY GENERAL TO PROSECUTE VIOLATIONS OF STATE LAW IN CAUSING INJURY TO THE OBJECT OF REMEMBRANCE.
Intro. by Speciale, Kidwell, Pittman, Brody.

Status: Ref to the Com on Education - Universities, if favorable, Judiciary, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 14 2019)
H 356

Bill Summaries:

  • Summary date: Mar 13 2019 - More information

    Amends GS 14-132(a)(2), which makes it a Class 2 misdemeanor to deface or injure the walls of any public building or facility or any statue or monument situated in any public place. Specifies that moving or removing the statue or monument from its location is included in the offense. Makes the offense a Class A1 misdemeanor if the violation involves a monument subject to the provisions of GS 100-2.1 (Protection of monuments, memorials, and works of art). Sets punishment for a violation which involves a monument subject to the provisions of GS 100-2.1, unless the conduct is covered by another provision providing greater punishment, to include a fine of at least $500, but not to exceed $1,000, and restitution for the damage caused to the monument and any costs incurred by the owner of the monument for its repair or restoration. Grants the Attorney General or the Attorney General's designee concurrent jurisdiction with district attorneys to prosecute for violations involving monuments subject to GS 100-2.1.

    Amends GS 100-2.1 regarding the protection and limitations on the removal of objects of remembrance located on public property. Adds new requirement for the State or a political subdivision, in the event an object of remembrance is injured that is subject to the statute's limitations on removal, to restore the object to its original condition and location no later than 90 days from the date of injury. Provides for an extension to be granted by the NC Historical Commission for impossibility due to the extent of the injury or removal of the object by a member of the public in order for the State to properly restore the object to its original location and condition. Adds a new requirement for a law enforcement officer or agency with jurisdiction over an object's location to take all necessary measures in responding to a threat or action by any person to unlawfully injure the object in violation of GS 14-132, as amended, and arrest the person for prosecution pursuant to GS 14-132(d), as amended. Now requires the State or political subdivision with custody of the object to pursue civil action, if necessary, against any person responsible for injury to the object for the cost of its repair or restoration. Makes conforming changes.

    Applies to offenses committed on or after December 1, 2019.


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