Bill Summary for H 237 (2023-2024)
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| View NCGA Bill Details | 2023-2024 Session |
AN ACT TO MODIFY THE PHYSICAL HEALTH AND SAFETY OF OTHERS EXEMPTION TO CERTAIN LAWS PROHIBITING WEARING MASKS; TO ENHANCE PUNISHMENT IF THE DEFENDANT WAS WEARING A MASK OR OTHER CLOTHING OR DEVICE TO CONCEAL OR ATTEMPT TO CONCEAL THE DEFENDANT'S IDENTITY; TO PROHIBIT GUBERNATORIAL EXECUTIVE ORDERS, SECRETARIAL DECLARATIONS, MUNICIPAL OR LOCAL GOVERNMENT PROHIBITIONS AND RESTRICTIONS, OR OTHER RULES OR REGULATIONS BY A POLITICAL SUBDIVISION OF THIS STATE FROM IMPOSING ADDITIONAL LIMITATIONS ON RELIGIOUS INSTITUTIONS THAT ARE NOT APPLICABLE TO BUSINESSES, NONPROFIT ORGANIZATIONS, OR OTHER PRIVATE ENTITIES AFFECTED BY THE SAME OR SIMILAR EMERGENCY; TO INCREASE THE PENALTY FOR IMPEDING A ROAD DURING A DEMONSTRATION OR OBSTRUCTING AN EMERGENCY VEHICLE FROM ACCESSING A ROAD AT ANY TIME; TO CREATE CIVIL LIABILITY FOR A DEMONSTRATION ORGANIZER OF A DEMONSTRATION THAT OBSTRUCTS AN EMERGENCY VEHICLE; AND TO AMEND CAMPAIGN FINANCE LAWS REGARDING FEDERAL POLITICAL COMMITTEES AND POLITICAL ORGANIZATIONS.Intro. by Torbett, Greene, Faircloth, Carson Smith.
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Bill summary
Senate committee substitute to the 3rd edition makes the following changes.
Amends GS 14-12.11 to repeal the health and safety exemption from laws prohibiting the wearing of masks in public places including public ways, public property, and the house of another person. Makes conforming changes. Applies to offenses committed on or after the act becomes law.
Amends proposed new GS 15A-1340.16G (was, GS 15A-1340.16F), providing that if a person is convicted of a misdemeanor or felony and it is found that the person wore a mask or other clothing or device (removes hood which was in the previous edition) that concealed or attempted to conceal the person's identity at the time of the offense, then the person is guilty of a misdemeanor or felony that is one class higher than the underlying misdemeanor or felony for which the person was convicted.
Expands the limitations of the NC Emergency Management Act set forth in GS 166A-19.2 by excluding religious institutions from having to follow an executive order, secretarial declaration, municipal or local government prohibition or restriction, or a rule or regulation by a political subdivision of this State that distinguishes between religious institutions (defined) and other public or private for-profit or non-profit entities that are subject to or affected by the same or similar emergency in a way that imposes additional limitations on the religious institution. Effective October 1, 2024, and applies to executive orders, declarations, prohibitions, restrictions, rules, or regulations in effect on or after that date.
Amends GS 20-174.1 (barring standing, sitting or lying upon highways or streets) to enhance the penalty for persons who violate the statute as part of a demonstration intended to prohibit or impede the use of the highway or street is guilty of a Class A1 misdemeanor for a first offense and a Class H felony for a second or subsequent offense. Violations where an emergency vehicle is obstructed from accessing the highway or street are punishable as a Class A1 misdemeanor. Imposes civil liability for persons organizing a demonstration that prohibits or impedes the use of a highway or street for injury or death of any person resulting from delays caused by the obstruction of an emergency vehicle. Effective December 1, 2024, and applies to offenses committed and causes of action arising on or after that date.
Deletes proposed new GS 14-118.8, Money laundering.
Makes conforming changes to the act’s titles.