Bill Summary for H 315 (2021-2022)

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Summary date: 

Apr 21 2021

Bill Information:

View NCGA Bill Details2021
House Bill 315 (Public) Filed Tuesday, March 16, 2021
AN ACT TO INCREASE THE PUNISHMENT FOR CERTAIN ARSON OFFENSES; TO AMEND THE OFFENSE OF ARSON OR OTHER UNLAWFUL BURNINGS THAT RESULT IN INJURY TO A FIREFIGHTER, LAW ENFORCEMENT OFFICER, FIRE INVESTIGATOR, OR EMERGENCY MEDICAL TECHNICIAN; TO REQUIRE CRIMINAL HISTORY RECORD CHECKS OF APPLICANTS TO FIRE DEPARTMENTS; TO REQUIRE APPLICANTS TO DISCLOSE CERTAIN CRIMINAL CHARGES; AND TO PROHIBIT APPLICANTS CONVICTED OF CERTAIN CRIMES FROM SERVING AS VOLUNTEER OR PAID MEMBERS OF FIRE DEPARTMENTS.
Intro. by McNeill, Boles, Saine, Carter.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Part I.

Amends GS 14-58, making second degree arson a Class E felony rather than a Class G felony.

Enacts new GS 14-59.1, making it a Class D felony to wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel, or procure the burning of a penal institution or its contents.

Eliminates the proposed repeal of GS 14-60, which makes the burning of schoolhouses or buildings of educational institutions a Class F felony. 

Revises GS 14-62 to no longer specifically include warehouses, offices, shops, mills, barns or granaries, or any building, structure or erection used or intended to be used in carrying on any trade or manufacture in the specified buildings of which burning constitutes a Class F felony under the statute.

Further amends GS 14-62.2, expanding the Class E felony offense to include burning or causing to be burned, or aiding, counseling or procuring the burning of a synagogue, temple, longhouse, or mosque, or other building that is regularly used and clearly identifiable as a place for religious worship (previously specified church, chapel, or meetinghouse only). 

Modifies new GS 14-62.3 to provide the penalties for wantonly and willfully setting fire to or burning or aiding, counseling, or procuring the burning of any commercial structure, now defined as any building or structure that is designed principally for the manufacture, distribution, or exchange of goods or services, or for any other business or trade purpose (was any building or structure that is not designed principally for residential purposes, or its contents). 

Amends GS 14-66 to exclude burning of personal property in a commercial structure from the offense set forth in GS 14-66, punishable as a Class H felony. 

Makes further technical changes.

Part II.

Revises the proposed changes to GS 14-69.3 to now provide that a person is guilty of a Class F felony for committing a felony under Article 15 (Arson and other burnings) where a firefighter, law enforcement officer, fire investigator, or emergency medical technician suffers serious physical injury while discharging (or attempting to do so) their official duties on the property, or proximate to the property, that is the subject of the individual's discharge of their respective duties. Defines serious physical injury to mean a physical injury that causes great pain and suffering, including serious mental injury. Makes conforming changes. Modifies the definition of emergency medical technician to include an advanced emergency medical technician rather than an emergency medical technician-intermediate.

Part III.

Modifies the proposed changes to GS 58-79-1 to no longer transfer the previous duties and authorities regarding investigations of the SBI Director to the Commissioner of Insurance. Instead, provides for either the SBI Director or the Commissioner of Insurance, through the Office of the State Fire Marshal, to supervise and direct the investigations when either deems it expedient or necessary. Now requires the investigating officer to notify and furnish a statement of facts to both the SBI Director and the Commissioner of Insurance, with both the Director and the Commissioner charged with keeping record of all reports submitted pursuant to the statute. 

Further amends GS 58-79-5 to make language gender neutral.

Makes technical changes to other proposed changes to GS Chapter 58 in Part III to refer to the Office of the State Fire Marshal. 

Part IV.

Corrects GS Chapter and Article references in new subsection (d1) of GS 143B-943 regarding criminal history checks of applicants to and current members of fire departments. Adds that the new subsection does not apply to an applicant for a paid or volunteer position with an emergency medical service. 

Part V.

Makes organizational changes to the act's effective date provisions. Changes the effective date of Part IV from December 1, 2021, to the date the act becomes law. 

Changes the act's long title.