Bill Summary for H 149 (2011-2012)

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Summary date: 

Apr 5 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 149 (Public) Filed Monday, February 21, 2011
Intro. by Killian.

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Bill summary

House committee substitute makes the following changes to 1st edition.
Deletes the provisions, as organized in the previous edition, and replaces with the following provisions. Enacts new Article 2D, Terrorism, in GS Chapter 14. Defines act of violence as murder in the first or second degree, manslaughter, any felony offense in GS Chapter 14 including an assault or use of violence or force, any felony offense including the threat or use of any explosive or incendiary device, or any offense including the threat or use of a nuclear, biological, or chemical weapon of mass destruction. Specifies that continuing criminal enterprise is defined in GS 14-7.20(c). Makes a person guilty of the separate offense of terrorism if the person commits an act of violence or is engaged in a continuing criminal enterprise with the intent to: (1) intimidate the civilian population at large, or an identifiable group of the civilian population or (2) influence, through intimidation the conduct or activities of the U.S. government, a state, or any local government. Makes the offense of terrorism a felony punishable (1) one class higher than the underlying offense, except that a violation is a Class B1 felony if the underlying offense is a Class B1 or Class A felony or (2) as a Class D felony if the violation is based on continuing criminal enterprise. Specifies that each offense is separate from the underlying offense, and does not merge. Makes a person who causes or attempts to cause another to participate in an act of terrorism guilty of a Class D felony. Provides that all real and personal property used, or intended for use, derived from, or realized through a violation of proposed Article 2D is subject to legal seizure and forfeiture, as specified. Includes whereas clauses. Applies to offenses committed on or after December 1, 2011.