Bill Summary for S 409 (2023-2024)

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Summary date: 

Mar 29 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 409 (Public) Filed Wednesday, March 29, 2023
AN ACT TO AMEND THE OFFENSE OF BREAKING OR ENTERING INTO OR BREAKING OUT OF RAILROAD CARS, MOTOR VEHICLES, TRAILERS, AIRCRAFT, BOATS, OR OTHER WATERCRAFT; TO PROVIDE THAT MULTIPLE ACTS OF CERTAIN FINANCIAL CRIME OFFENSES MAY BE AGGREGATED IN CERTAIN CIRCUMSTANCES WHEN DETERMINING THE LEVEL OF PUNISHMENT TO BE IMPOSED; TO PROVIDE THAT PROVING IT WAS THE REGULAR PRACTICE OF A BUSINESS ACTIVITY TO MAKE A MEMORANDUM, REPORT, OR DATA COMPILATION MAY BE MADE BY AN UNSWORN DECLARATION UNDER PENALTY OF PERJURY; TO CREATE A PILOT PROGRAM TO AUTHORIZE AUTOMATIC LICENSE PLATE READERS IN STATE RIGHTS-OF-WAY; TO MAKE TECHNICAL CHANGES TO THE OBSCENE LITERATURE AND EXHIBITIONS STATUTE; AND TO ESTABLISH AN INDEPENDENT OFFICE OF THE STATE FIRE MARSHAL IN THE DEPARTMENT OF INSURANCE, TO PRESCRIBE THE POWERS AND DUTIES OF THAT OFFICE, AND TO AMEND CERTAIN FIREFIGHTER PROGRAMS.
Intro. by Britt, McInnis, Craven.

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Bill summary

Amends GS 4-56 (offense for breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft) as follows. Deletes language establishing the offense as a Class I felony and a Class H felony if certain conditions are met. Instead, sets forth the following classifications:

  • An offense is a Class H felony if the goods, wares, freight, or other thing of value taken has a value exceeding $1,500, but no more than $20,000, aggregated over a 90-day period, or if all of the following conditions are met: (1) the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is owned or operated by any law enforcement agency, the North Carolina National Guard, or any branch of the Armed Forces of the United States; (2) the person knows or reasonably should know that the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is owned or operated by any law enforcement agency, the North Carolina National Guard, or any branch of the Armed Forces of the United States; ¬†(3) the offense does not involve the taking of goods, wares, freight, or any other thing of value that would be punishable under any other felony classifications set forth in GS 14-56.
  • An offense is a Class G felony if the goods, wares, freight, or other thing of value taken has a value exceeding $20,000, but not greater than $50,000, aggregated over a 90-day period.
  • An offense is a Class F felony if the goods, wares, freight, or other thing of value taken has a value exceeding $50,000, but no more than $100,000, aggregated over a 90-day period.
  • An offense is a Class C felony if the goods, wares, freight, or other thing of value taken has a value exceeding $100,000 aggregated over a 90-day period.
  • Contains a catchall, classifying an offense as a Class I felony for any other conduct that falls that falls within GS 14-56 that is not covered by the other felony classifications.

Permits aggregation of acts occurring in more than one county that would constitute an offense under GS 14-56 and involve the taking of goods, wares, freight, or any other thing of value. Sets forth rules for venue.  Makes language gender neutral. Makes technical changes.

Amends GS 14-86.1 (pertaining to seizure and forfeiture of conveyances used in committing larceny and similar crimes) to allow for seizure of all conveyances (i.e., vehicles, boats, etc.) used by any person in the commission of GS 14-56.

Effective December 1, 2023, and applies to offenses committed on or after that date.