Bill Summary for S 648 (2023-2024)

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Summary date: 

Apr 10 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 648 (Public) Filed Wednesday, April 5, 2023
AN ACT TO INCREASE THE PUNISHMENT FOR PROPERTY CRIMES COMMITTED AGAINST CRITICAL INFRASTRUCTURE, INCLUDING PUBLIC WATER SUPPLIES AND WASTEWATER TREATMENT FACILITIES, AND TO MAKE CONFORMING CHANGES TO UPDATE STATUTES RELATING TO DAMAGE TO UTILITIES.
Intro. by McInnis, Britt, P. Newton.

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Bill summary

Amends GS 14-159.1 by amending offenses related to contamination of a public water system, as follows. Makes illegal to knowingly and willfully stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, or make such an attempt, the property or equipment of a public water system with the intent to impair the services of the public water system (was, to willfully damage or tampers with the property or equipment of a public water system with the intent to impair the services of the public water system). Makes it illegal to knowingly and willfully stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, or make such an attempt, the property or equipment of a wastewater treatment system (as defined) that is owned or operated by a public utility or a local government unit. Violations of the above are a Class C felony. Imposes a fine on violators of the above as well as the existing violation of contaminating a public water system, of $250,000. Prohibits merging an offense under this statute with others. Gives a person whose property or person is injured by a violation a right of civil action against the person who committed the violation 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; sets out allowable damages including treble damages. 

Amends GS 62-323 increasing the penalty for willfully stopping, obstructing, impairing, weakening, injuring, or destroying any public utility building, construction or work, or any related engine, machine or structure, from a Class 1 misdemeanor to a Class C felony. Specifies that each violation is a separate offense and cannot be merged with any other offenses. Gives a person whose property or person is injured by a violation a right of civil action against the person who committed the violation 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; sets out allowable damages including treble damages. Specifies that this statute applies only to conduct resulting in injury to a public utility or its property not covered by GS 14-150.2, GS 14-154, or GS 14-159.1.

Repeals GS 143-152, which made it a Class 1 misdemeanor to intentionally or maliciously damage or obstruct any waterline of any public institution, or in any way contaminate or render the water impure or injurious.

Applies to offenses committed on or after December 1, 2023.