Bill Summary for H 40 (2023-2024)

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Summary date: 

Feb 8 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 40 (Public) Filed Wednesday, February 1, 2023
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 AND TO DIRECT THE DEPARTMENT OF JUSTICE TO DEVELOP MODEL LAW ENFORCEMENT AGENCY PROTEST RESPONSE AND ENGAGEMENT POLICIES.
Intro. by Moore, Sauls, Miller, Willingham.

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Bill summary

House amendments to the 1st edition make the following changes.

Amendment #1 makes the following changes. Amends proposed GS 14-288.2(c1) by making it a Class F felony for a person to willfully engage in a riot if in the course of the riot the person causes property damage in excess of $2,500 (was, $1,500) or serious bodily injury. Makes a similar change to (e) of the statute to also increase the amount of property damage caused by a person willfully inciting or urging another to engage in a riot, punishable as a Class E felony, to in excess of $2,5000 (was, in excess of $1,500). Amends proposed GS 15A-534.8, concerning bail and pretrial release for rioting or looting, to lower the amount of time a defendant may be retained in custody to no more than 24 hours (was, no more than 48 hours) from the time of arrest without a determination being made by a judge as to the conditions of pretrial release. Makes conforming changes.

Amendment #2 makes the following changes to GS 14-288.9, concerning assault on emergency personnel. Creates a Class E felony for committing an assault upon emergency personnel causing serious bodily injury to the emergency personnel. Creates a Class D felony for committing an assault upon emergency personnel causing death to the emergency personnel. Makes organizational changes to the statute. 

Amendment #4 requires the Department of Justice (DOJ) to consult with the Department of Public Safety, the North Carolina Criminal Justice Education and Training Standards Commission, and the North Carolina Sheriffs' Education and Training Standards Commission, in developing model law enforcement agency protest response and engagement policies. Requires DOJ to report on the policies to the specified NCGA committee by March 1, 2024. Makes conforming changes to the act's long title.

Amendment #8 adds that nothing in this act is to be construed as intended to prevent or prohibit an individual's right to his or her exercise of free speech or the right to peaceable assembly.