Bill Summary for S 58 (2023-2024)

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Summary date: 

Mar 14 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

Senate amendments to the third edition make the following changes. Amendment #1 amends the civil remedies provision of GS 14-150.2(e) to only authorize treble damages fixed by the verdict or punitive damages if damages are assessed in the case. (Prior version contained no contingency on recovery of damages or authorization of punitive damages.) Specifies that a violation of the statute constitute willful and wanton damage in any civil lawsuit within the meaning of the punitive damages statute (GS 1D-5(7)). Adds new subsection GS 14-150.2(g) that prevents the availability of treble damages from being made known to the trier of fact through any means including voir dire, the introduction of evidence, argument or jury instructions. Enacts new GS 1D-27 exempting punitive damages awarded in a civil lawsuit for injury to an energy facility from the damages cap set forth in GS 1D-25(b) (damages cap for punitive damages). 

Amendment #2 amends GS 14-150.2(a) by adding subsection GS 14-150.2(a)(3), which lists out hardware, software, or other digital infrastructure necessary for the operations of a facility as types of facilities that are included in the definition of energy facility. Also makes it illegal to obstruct, impede, or impair the services or transmissions of an energy facility, or attempt to obstruct, impede, or impair the services or transmissions of an energy facility. Punishable as a Class C felony, increased to Class B2 if the violation results in another's death. Amends GS 14-159.12 amending the circumstances warranting injury to an energy facility as a Class I felony by requiring, in addition to the other circumstances, injury to an energy facility as it is defined in the act. (Replaces description of 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.”)