Bill Summary for S 433 (2015-2016)

Summary date: 

Mar 25 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 433 (Public) Filed Wednesday, March 25, 2015
AN ACT TO PROTECT PROPERTY OWNERS FROM DAMAGES RESULTING FROM INDIVIDUALS ACTING IN EXCESS OF THE SCOPE OF PERMISSIBLE ACCESS AND CONDUCT GRANTED TO THEM.
Intro. by Rucho, Tucker, B. Jackson.

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Bill summary

Enacts new GS 99A-2 making any person who gains access to the nonpublic area of another's premises and engages in an act that exceed the person's authority to enter those areas liable to the owner or operator of the premises for any damages sustained. Lists examples of acts that exceeds a person's authority to enter the nonpublic areas of another's premises, including an employee who, without authorization, creates or produces an image or sound occurring within an employer's premises and uses the recording to breach the person's duty of loyalty to the employer or conspire in organized retail theft. Assigns joint liability to any person who directs, assists, compensates, or induces another person to violate the statute. Allows a prevailing plaintiff to be awarded equitable relief, damages, costs and fees, including attorneys' fees, and $5,000 in exemplary damages per day that the defendant acted in violation of the statue. Exempts from the statute any governmental agency or law enforcement officer engaged in a lawful investigation of the premises or the owner or operator of the premises.

Effective January 1, 2016. 

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