Bill Summary for H 805 (2021)

Summary date: 

Aug 9 2021

Bill Information:

View NCGA Bill Details2021
House Bill 805 (Public) Filed Monday, May 3, 2021
AN ACT TO INCREASE THE PENALTIES FOR RIOTING OR INCITING RIOTING THAT CAUSES DAMAGE TO PROPERTY, SERIOUS BODILY INJURY, OR DEATH AND ASSAULTING EMERGENCY PERSONNEL DURING A RIOT OR STATE OF EMERGENCY; TO ALLOW RECOVERY OF TREBLE DAMAGES FOR PROPERTY DAMAGE OR PERSONAL INJURY CAUSED BY RIOTING OR LOOTING; AND TO REQUIRE PRETRIAL RELEASE CONDITIONS FOR RIOTING AND LOOTING OFFENSES TO BE DETERMINED BY A JUDGE.
Intro. by Moore, McNeill, Miller, Sauls.

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Bill summary

Senate committee substitute to the 2nd edition makes the following changes.

Revises the proposed changes to GS 14-288.2, which sets out punishments for rioting or inciting rioting. Now 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, for any person to possess any dangerous weapon or substance, and did not specify that the offense must happen in the course of the riot). Modifies the new Class F felony created, now making 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 (previously, more broadly required the riot to result in such property damage or serious bodily injury). Similarly, modifies the new Class E felony created, now making it a Class E felony to willfully engage in a riot where in the course of the riot, the person causes a death (previously, more broadly required the death to result from the riot). Additionally, modifies the new Class D felony created, now making it a Class D felony to willfully incite or urge another to engage in a riot and such inciting or urging causes a death (previously, required that such inciting or urging be a contributing cause of a riot in which a death results). Changes the act's long title. 

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