Bill Summary for H 283 (2019-2020)

Summary date: 

Mar 6 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 283 (Public) Filed Wednesday, March 6, 2019
AN ACT TO INCREASE THE PUNISHMENT FOR ASSAULT WITH A FIREARM ON A LAW ENFORCEMENT OFFICER, PROBATION OFFICER, OR PAROLE OFFICER; TO INCREASE THE PENALTY FOR ASSAULT WITH A DEADLY WEAPON AGAINST CERTAIN EMERGENCY PERSONNEL; AND TO PROVIDE AN ADDITIONAL DEATH BENEFIT FOR PUBLIC SAFETY EMPLOYEES WHO ARE MURDERED IN THE LINE OF DUTY.
Intro. by Jones, Bell, Moore, Hastings.

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Bill summary

Amends GS 14-34.5, increasing the offense of assault with a firearm upon a law enforcement officer, probation officer, or parole officer while the officer is in the performance of the officer's duties from a Class E to a Class D felony. Applies to offenses committed on or after December 1, 2019. Clarifies that prosecutions for offenses committed before the effective date are not abated or affected by the act, and statutes that would be applicable but for the act remain applicable to those prosecutions. 

Current law (GS 143-166.3) provides a death benefit in the amount of $100,000, paid to the surviving spouse, dependent child(ren), dependent parent(s), or the deceased's estate as provided, when a covered person is killed in the line of duty. Current law (GS 143-166.2) defines covered person to include firefighters, law enforcement officers, noncustodial employees of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, rescue squad workers, and Senior Civil Air Patrol members. Amends GS 143-166.3, directing the Industrial Commission to award an additional death benefit in the amount of $100,000 when any covered person is murdered in the line of duty, to be paid to the surviving spouse, dependent child(ren), dependent parent(s), or the deceased's estate as provided. Amends GS 143-166.2, defining murdered in the line of duty to mean the death of a covered person who was killed in the line of duty in a manner reasonably determined by the Industrial Commission to be directly caused by the intentional harmful act of another person. Effective retroactively to July 1, 2017, and applies to qualifying deaths occurring on or after that date. 

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