Bill Summary for S 58 (2023-2024)

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Summary date: 

Feb 1 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 58 (Public) Filed Wednesday, February 1, 2023
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.

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Bill 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.