Amends GS 14-288.2, setting out punishments for rioting or inciting rioting, as follows. Makes it a Class H felony for any person to brandish any dangerous weapon or use a dangerous substance in the course of a riot (was, limited to possessing a dangerous weapon or causing property damage over $1,500). Now makes it a Class F felony to willfully engage in a riot where in the course of the riot, the person causes property damage of more than $1,500 or serious bodily injury. Establishes a Class E felony to willfully engage in a riot where in the course of the riot, the person causes a death. Increases the punishment from a Class 1 misdemeanor to a Class A1 misdemeanor for willfully inciting or urging another to engage in a riot, so that as a result of such inciting or urging a riot occurs or a clear and present danger of a riot is created. Increases from a Class F felony to a Class E felony willfully inciting or urging another to engage in a riot, when such inciting or urging is a contributing cause of a riot in which there is property damage in excess of $1,500 or serious bodily injury. Adds a Class D felony for willfully inciting or urging another to engage in a riot when that incitement or urging causes a death. Adds that any person whose person or property is injured by reason of a violation of the statute may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys' fees. States that mere presence alone without an overt act is not enough to sustain a conviction.
Amends GS 14-288.6 (prohibiting looting; trespass during emergency) by adding that any person whose person or property is injured by reason of a violation of the statute may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys' fees.
Amends GS 14-288.9, prohibiting assault on emergency personnel, by making the following changes. Expands the definition of emergency personnel to also include members of the NC National Guard, and provides that it also includes persons discharging or attempting to discharge his or her official duties during an emergency (not just those engaged in providing essential services during the emergency). Makes the assault a felony whether or not physical injury is caused and increases the punishment from a Class I to a Class H felony.
Enacts new GS 15A-534.8 to require that a judge be the judicial official to determine the conditions of pretrial release in all cases in which the defendant is charged with a violation of GS 14-288.2 or GS 14-288.6. Requires the judge to direct a law enforcement officer or a district attorney to provide the defendant's criminal history report and consider the criminal history when setting conditions of release. Requires the following to apply in addition to the provisions of GS 15A-534 (procedure for determining conditions of pretrial release): (1) upon a determination by the judge that the defendant's immediate release will pose a danger of injury to persons and upon a determination that the execution of an appearance bond will not reasonably assure that such injury will not occur, a judge may retain the defendant in custody for a reasonable period of time while determining conditions of pretrial release; (2) a judge may order the defendant to stay away from specific locations or property where the offense occurred; and (3) should the defendant be mentally ill and dangerous to himself or herself or others, or a substance abuser and dangerous to himself or herself or others, the provisions of Article 5 of GS Chapter 122C (Procedure for Admission and Discharge of Clients) apply. Prohibits keeping a defendant in custody more than 48 hours from the time of arrest without a determination being made under this statute by a judge. If a judge has not acted within 48 hours of arrest, requires the magistrate to act under this statute.
Effective December 1, 2023, and applies to offenses committed on or after that date.
The Daily Bulletin: 2023-02-01
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The Daily Bulletin: 2023-02-01
Identical to S53, filed 2/1/23.
Amends GS 72-1 to require an innkeeper to provide suitable lodging accommodations for persons accepted as guests in an inn, hotel, motel, recreational vehicle park, campground, or other similar transient occupancy (was, inn or hotel). Defines transient occupancy as the rental of an accommodation by an inn, hotel, motel, recreational vehicle park, campground, or similar lodging to the same guest or occupant for fewer than 90 consecutive days.
Enacts new GS 42-14.6 providing that the provisions of GS Chapter 42 (landlord and tenant) do not apply to transient occupancies (as defined above). Specifies that an agreement related to a transient occupancy is not deemed to create a tenancy or a residential tenancy unless expressly provided in the agreement.
Applies to a person renting an accommodation in an inn, hotel, motel, recreational vehicle park, campground, or similar lodging facility on or after the date this act becomes law. Requires that a person's rental period be calculated from the first day of consecutive occupation, or right of occupation, in the lodging facility regardless of whether the period began before the act's effective date.
Includes whereas clauses.
Authorizes the African American Heritage Commission (Commission) to study the feasibility of establishing monuments commemorating civil rights movement events in North Carolina and the State's citizens that contributed to the civil rights movement. Requires holding public hearings and requires the Commission to report to the specified NCGA committee by May 1, 2024, on the Commission's findings and recommendations for legislation.
Appropriates $500,000 for 2023-24 from the General Fund to the Department of Natural and Cultural Resources, African American Heritage Commission, to aid in the Commission's work of placing markers, signage, and other memorials to commemorate significant cultural or historical importance relating to North Carolina's Civil Rights Trail.
Effective July 1, 2023.
Enacts Article 1M, Youth Health Protection Act, of GS Chapter 90. Makes it unlawful for any medical professional, as defined, to engage in any of the following practices upon a minor, or cause them to be performed, to facilitate the minor's desire to present or appear in a manner that is inconsistent with the minor's sex: (1) performing surgeries that sterilize; (2) performing a mastectomy; (3) administering or supplying any of the three specified medications that induce transient or permanent infertility; and (4) removing any otherwise healthy or nondiseased body party or tissue. Defines minor to mean anyone under 18 years of age. Defines sex to mean the biological state of begin female or male, based on sex organs, chromosomes, and endogenous hormone profiles. Deems medical professionals who engage in any of the specified unlawful practices or causes them to be performed, to have engaged in unprofessional conduct and subject to licensure revocation or other appropriate discipline by the respective licensing board. Establishes a $1,000 civil penalty per occurrence, with remittance to the Civil and Penalty Forfeiture Fund. Excludes from the scope good-faith medical decisions of parents or guardians of a minor born with a medically verifiable genetic disorder of sexual development, and specifies such examples. Makes it unlawful for an health care provider that receives State funds to furnish, provide, or perform any health care service that constitutes the performance of or preparation for gender transition procedure to a minor. Effective October 1, 2023.
| Intro. by Cleveland, Kidwell, Ward, Tyson. | GS 90 |
The Daily Bulletin: 2023-02-01
Identical to H 39, filed 1/31/23.
Section 1
Amends GS 8C01, Rule 804(b) of the North Carolina Code of Evidence, to add a hearsay exception for when an out of court statement is offered against a party who either wrongfully caused the declarant’s (i.e., the speaker’s) unavailability as a witness or acquiesced in wrongfully causing the declarant’s unavailability as a witness and did so intending that result.
Section 2
Amends GS 15-1 (listing the statutes of limitations for misdemeanors) by adding those misdemeanor domestic violence crimes that require a judge to determine conditions of pre-trial release under GS 15A-534.1 to the list of crimes falling under the 10-year statute of limitations. The section becomes effective to (1) acts committed either on or after the date the act becomes law or (2) acts committed before the act's effective date, so long as the statute of limitations for the act did not expire prior to the enactment of the act.
Section 3
Enacts new GS 15A-1225.4 to allow a domestic violence victim witness in a criminal proceeding who has been found competent to testify, to testify, under oath or affirmation, other than in an open forum if: (1) the defendant does not object, or (2) the court determines that remote testimony is appropriate, under this statute. Allows, in a criminal proceeding, the testimony of a domestic violence victim witness to be permitted by remote testimony if: (1) the State provides notice to the attorney of record for the defendant, or the defendant if that person has no attorney, at least 15 business days before the proceeding at which the remote testimony would be used; and (2) the defendant's attorney of record, or the defendant if that person has no attorney, does not file a written objection with the court, with a copy to the State, at least five business days before the proceeding at which the remote testimony will be used that the defendant objects to the domestic violence victim witness testifying remotely. Provides that if a written objection is not filed, the objection is deemed waived and the domestic violence victim witness must be allowed to testify remotely. Requires the court to make written findings of any waiver, including specified findings. Allows the court to authorize remote testimony over an objection, if the court determines that: (1) the domestic violence victim witness would suffer serious emotional distress, not by the open forum in general, but by testifying in the defendant's presence; and (2) that the domestic violence victim's ability to communicate with the trier of fact would be impaired. Sets out the procedure for an evidentiary hearing to determine whether to allow remote testimony, upon motion by a party or the court. Sets out the requirements for an order allowing or disallowing the use of remote testimony. Sets out requirements for the method used for remote testimony. Also requires the court to ensure that the defense counsel, except a pro se defendant, is physically present where the domestic violence victim witness testifies, has a full and fair opportunity for cross-examination of the domestic violence victim witness, and has the ability to communicate privately with the defendant during the remote testimony; requires that the court ensure that a defendant who is an attorney pro se has a full and fair opportunity for cross-examination of the domestic violence victim witness. Specifies that the statute: (1) does not prohibit using or applying any other method or procedure authorized or required by statute, common law, or rule for the introduction into evidence of the statements or testimony of a domestic violence victim in a criminal or noncriminal proceeding; (2) must not be construed to require a court, in noncriminal proceedings, to apply the standard set forth in subsection (g) for remote testimony or to deviate from standards authorized by statute, common law, or rule for allowing the use of remote testimony in noncriminal proceedings. Makes conforming changes to GS 7A-49.6.
Section 4
Enacts new GS 50B-10 requiring all district court trials and proceedings held under GS Chapter 50B (Domestic Violence) to be recorded in a way that memorializes the audio and visual participation of each part to the trial or proceeding. Applies to trial or proceedings occurring on or after December 1, 2023.
Amends GS 115C-407.60, which authorizes the State Board of Education (State Board) to enter into a memorandum of understanding with one or more nonprofit organizations to administer and enforce the requirements of Article 29E relating to high school interscholastic athletic activities. Adds a new subsection deeming such an administering organization a public body for purposes of state open meetings laws held in Article 33, GS Chapter 143. Makes conforming changes to GS 143-318.10 to include administering organizations within the definition of a public body under Article 33, GS Chapter 143. Includes a statutory cross reference to the definition given for administering organization in Article 29E, GS Chapter 115C.
Amends GS 72-1 to require an innkeeper to provide suitable lodging accommodations for persons accepted as guests in an inn, hotel, motel, recreational vehicle park, campground, or other similar transient occupancy (was, inn or hotel). Defines transient occupancy as the rental of an accommodation by an inn, hotel, motel, recreational vehicle park, campground, or similar lodging to the same guest or occupant for fewer than 90 consecutive days.
Enacts new GS 42-14.6 providing that the provisions of GS Chapter 42 (landlord and tenant) do not apply to transient occupancies (as defined above). Specifies that an agreement related to a transient occupancy is not deemed to create a tenancy or a residential tenancy unless expressly provided in the agreement.
Applies to a person renting an accommodation in an inn, hotel, motel, recreational vehicle park, campground, or similar lodging facility on or after the date this act becomes law. Requires that a person's rental period be calculated from the first day of consecutive occupation, or right of occupation, in the lodging facility regardless of whether the period began before the act's effective date.
Includes whereas clauses. Confirms the appointment of Katherine M.R. Bosken as Commissioner of Banks for a term beginning April 1, 2023, and expiring March 31, 2027.
| Intro. by Rabon. | JOINT RES |
Enacts new Section GS 14-150.2, Injuring energy facility. Makes it a Class C felony with a mandatory fine of $250,000 to knowingly and willfully destroy, injure, or otherwise damage, or attempt to destroy, injure, or otherwise damage, an energy facility. Defines energy 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. Energy facility includes any line, wire, pipe, or other property or equipment used as part of the normal operation of the facility. Stipulates that each violation of the new law constitutes a separate offense and will not be merged with any other offenses.
Creates a civil cause of action for any person whose property or person is injured due to a violation of the new law to recover treble damages (actual and consequential), costs, and attorneys' fees from the person who committed the violation of this statute and any person who acts as an accessory before or after the fact, aids or abets, solicits, conspires, or lends material support to the violation. States that the rights and remedies provided are in addition to any other rights or remedies provided by law.
Amends GS 14-159.12 (first degree trespass) by increasing the penalty to a Class I felony (was, Class A1 misdemeanor) when the offense is committed on the premises of certain facilities. Removes electric power supplier facilities and natural gas facilities from the list of premises that upgrade first degree trespass to a Class I felony. Adds 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 to the list of premises that upgrade first degree trespass to a Class I felony. Makes it a Class G felony (was, Class H) if the offender commits the offense on any of those enumerated premises with the intent to disrupt the normal operation of those facilities or the offense involves an act that places either the offender or others on the premises at risk of serious bodily injury. Makes terms gender-neutral. Makes technical changes.
Amends GS 14-154 as follows. Renames statute title to injuring wires and other fixtures of telephone and broadband companies (was, fixtures of telephone, telegraph, and electric power). Makes it a Class C felony (was, Class I felony) to willful injure, destroy, or pull down (1) any telephone, broadband, or cable telecommunications pedestal or pole (removes telegraph and electric power transmissions from list); (2) any apparatus, equipment or fixture used in the transmission of those telecommunications (removes telegraph and electrical power service from list); or (3) any apparatus, equipment, or fixture related to wireless communications regulated by the FCC (was, just equipment).
Repeals GS 14-152 (creating civil liability for and creating misdemeanor offense to injure fixtures and other property of gas companies) and GS 14-156 (creating misdemeanor offense to injure fixtures and other property of electric-power companies).
Effective December 1, 2023, and applies to offenses committed on or after that date. Stipulates that prosecutions for offenses committed before the effective date are not abated or affected by the new law, and that the statutes that would be applicable but for the act remain applicable to those prosecutions.
| Intro. by McInnis, Britt, P. Newton. | GS 14 |
The Daily Bulletin: 2023-02-01
The Daily Bulletin: 2023-02-01
Blank bill.
Blank bill.
Blank bill.
| Intro. by Lowe. | Forsyth |
Amends Section 7 of the Maysville Town Charter, SL 1897-171, as amended, to require beginning in 2024 that regular municipal elections be held for the election of town officers in Maysville in accordance with the uniform municipal election laws in North Carolina (was, the specified individuals were to serve as town officers with those commissioners appointing a town marshal, with officers thereafter elected under the law as provided in SL 1901-750, which was an act to provide for the holding of town and city elections and special elections in counties and townships). Provides that the terms of office for the mayor and all commissioners serving on the act's effective date whose terms are set to expire in 2025 are to be reduced by one year and regular municipal elections must be conducted in 2024 and every four years thereafter.
Amends Section 3 of the Pollocksville Town Charter, SL 1911-202 by adding that beginning in 2024, three commissioners must be elected to serve four-year terms. Requires beginning in 2026 that two commissioners and a mayor be elected to serve four-year terms. Requires beginning in 2024 that regular municipal elections be held for the election of town offices in Pollocksville in accordance with the uniform municipal election laws in North Carolina.
Prohibits holding municipal election in Pollocksville in 2023. Extends by one year the terms of office for the three commissioners serving on the effective date of this act whose terms are set to expire in 2023. Extends by one year the terms of office for the two commissioners and mayor serving on the effective date of this act whose terms are set to expire in 2025. Requires regular municipal elections to be conducted in Pollocksville in 2024.
| Intro. by Lazzara. | Jones |
Actions on Bills: 2023-02-01
H 37: EXPAND DISABLED VETERAN PROPERTY TAX EXCL.
H 38: EDUCATION OMNIBUS CHANGES. (NEW)
H 40: PREVENT RIOTING AND CIVIL DISORDER.
H 41: HOTEL SAFETY ISSUES.
H 42: HONORING NC'S CONTRIBUTIONS TO CIVIL RIGHTS.
H 43: PROHIBITION OF CERTAIN HORMONE/SURGERY/MINORS.
S 20: CARE FOR WOMEN, CHILDREN, AND FAMILIES ACT. (NEW)
S 32: CONFIRM TODD ISHEE, SEC. OF ADULT CORRECTION.
S 42: C-PACE PROGRAM.
S 44: MOBILE SALONS/COSMETIC SERVICES AT WEDDINGS. (NEW)
S 45: CADC SUPERVISION REQUIREMENTS.
S 46: MEDICAL BILLING TRANSPARENCY.
S 47: PA TEAM-BASED PRACTICE.
S 48: REPEAL CERTIFICATE OF NEED LAWS.
S 49: PARENTS' BILL OF RIGHTS.
S 50: REQUIRE COOPERATION WITH ICE 2.0.
S 51: KAYLA'S ACT: PROTECTING DOM. VIOLENCE VICTIMS.
S 52: OPEN MEETINGS/ADMINISTERING ORGANIZATIONS.
S 53: HOTEL SAFETY ISSUES.
S 54: CONFIRM KATHERINE BOSKEN, COMM. OF BANKS.
S 58: PROTECT CRITICAL INFRASTRUCTURE.
Actions on Bills: 2023-02-01
S 43: 50TH SENATORIAL DISTRICT LOCAL ACT-1.
S 55: 44TH SENATORIAL DISTRICT LOCAL ACT-1.
S 56: 46TH SENATORIAL DISTRICT LOCAL ACT-1.
S 57: 32ND SENATORIAL DISTRICT LOCAL ACT-1.
S 59: EVEN YR ELECTIONS/MAYSVILLE & POLLOCKSVILLE.
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