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.
Bill Summaries: H 237 UNMASKING MOBS AND CRIMINALS. (NEW)
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Bill H 237 (2023-2024)Summary date: May 14 2024 - View Summary
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Bill H 237 (2023-2024)Summary date: May 3 2023 - View Summary
House committee substitute to the 1st edition makes the following changes.
Amends new GS 14-118.8, limiting the scope of the offense of money laundering to require the person to act knowingly and willingly (was, only knowingly), and requiring the offense to involve proceeds of criminal activity or funds that alone or aggregated exceeds $10,000. Now requires knowledge of the nature of the criminal activity giving rise to the proceeds to establish a culpable mental state (previously, specified knowledge of the specific nature of the criminal activity was not required). Deletes the provisions establishing a presumption of the person's belief that funds are the proceeds of or are intended to further the commission of criminal activity. Adds that it is not a defense to conspiracy to commit the offense of money laundering that the person whom the defendant is alleged to have conspired with was a law enforcement officer or a person acting at the direction of a law enforcement officer that represented to the defendant that the funds are proceeds of or are intended to further the commission of criminal activity. Makes organizational changes and conforming changes.
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Bill H 237 (2023-2024)Summary date: Apr 19 2023 - View Summary
House committee substitute to the 1st edition makes the following changes.
Amends the definition of proceeds under GS 14-118.8 to mean funds acquired or derived directly or indirectly from, produced through, realized through, or used in the commission of any act (was, an act or conduct that is punishable under GS 105-236). Expands the list of acts that constitute money laundering under GS 114-118.8 to also include when a person knowingly: (1) uses, conspires to use, or attempts to use the proceeds of criminal activity to conduct or attempt to conduct a transaction or make other disposition with the intent to conceal or disguise the nature, location, source, ownership, or control of the proceeds of criminal activity or (2) uses the proceeds of criminal activity with the intent to promote, in whole or in part, the commission of criminal activity, so that there are six listed acts in total. Expands the forfeiture provisions to also allow for forfeiture under GS 14-2.3 (forfeiture of gain acquired through criminal activity). Provides that conspiracy is subject to the punishment scheme set forth in GS 14-118.8(f).
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Bill H 237 (2023-2024)Summary date: Mar 1 2023 - View Summary
Part I
Enacts new GS 14-118.8 setting forth crime of money laundering as follows. Sets forth defined terms criminal activity, financial institution, funds, insurer, and proceeds. Establishes offense of money laundering if a person knowingly does any of the following: (1) acquires or maintains an interest in, conceals, possesses, transfers, or transports the proceeds of criminal activity; (2) conducts, supervises, or facilitates a transaction involving the proceeds of criminal activity; (3) invests, expends, or receives, or offers to invest, expend, or receive, the proceeds of criminal activity or funds that the person believes are the proceeds of criminal activity; (4) finances or invests, or intends to finance or invest, funds that the person believes are intended to further the commission of criminal activity. Specifies that knowledge of the specific nature of the criminal activity giving rise to the proceeds is not required to establish a culpable mental state under GS 14-118.8. Specifies that a person is presumed to believe that funds are the proceeds of or intended to further criminal activity if a law enforcement officer or someone acting at their direction represented those things, regardless of whether or not the officer or designee disclosed their status as a law enforcement officer or someone acting at the officer’s direction.
If the value of the laundered proceeds or funds is less than $100,000 the offense is punishable as a Class H felony, in addition to any other civil or criminal penalties provided by law. If the value is more than $100,000 the offense is punishable as a Class C felony, in addition to any other civil or criminal penalties provided by law. Specifies that all property of every kind used or intended for use in the course of, derived from, maintained by, or realized through money laundering as set forth in GS 14-118.8 will be subject to forfeiture under the process set forth in GS 75D-5 (pertaining to Racketeer Influenced and Corrupt Organizations (RICO) civil forfeiture). If the proceeds are related to one scheme or continuing course of conduct, regardless of the source of funds, allows for the conduct to be considered one offense and for aggregation of the value of the proceeds for purposes of determining the classification of the offense. Bars merger of violations of GS 14-118.8 with other offenses.
Specifies that it is a defense to prosecution under GS 14-118.8 if the person acted with intent to facilitate the lawful seizure, forfeiture, or disposition of funds or other legitimate law enforcement purpose pursuant to the laws of this State or the United States. Provides civil liability shield for financial institutions or its agents who have acted lawfully to facilitate the lawful seizure, forfeiture, or disposition of funds from persons who (1) claim an ownership interest in funds involved money laundering or (2) conduct with the financial institution or insurer a transaction concerning funds involved in money laundering.
Makes conforming change to GS 75D-3(c)(1) (RICO definitions) to include reference to GS 14-118.8.
Part II
Enacts new GS 15A-1340.16F, providing for enhanced sentences if a defendant is convicted of a misdemeanor or felony and the defendant was wearing a mask, hood, or other clothing or device to conceal or attempt to conceal the defendant’s identity as follows. Specifies that if a person is convicted of a misdemeanor or felony and it is found as provided in this section that the person wore a mask, hood, or other clothing or device 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. Specifies that new offense does not apply if wearing a mask, hood, or other clothing or device to conceal or attempt to conceal their identity is needed to prove an element of the underlying misdemeanor or felony. Requires allegation of facts for violation of GS 15A-1340.16F along with indictment or information for the underlying misdemeanor or felony offense(s), either in same document or by separate indictment/information. Specifies that the State must the violation of GS 15A-1340.16F beyond a reasonable doubt during the same trial in which the defendant is tried for the offense unless the defendant pleads guilty or no contest to the issues.
Effective December 1, 2023, and applies to offenses committed on or after that date.