Bill Summary for S 409 (2023-2024)

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Summary date: 

Sep 19 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 409 (Public) Filed Wednesday, March 29, 2023
AN ACT TO AMEND THE OFFENSE OF BREAKING OR ENTERING INTO OR BREAKING OUT OF RAILROAD CARS, MOTOR VEHICLES, TRAILERS, AIRCRAFT, BOATS, OR OTHER WATERCRAFT; TO PROVIDE THAT MULTIPLE ACTS OF CERTAIN FINANCIAL CRIME OFFENSES MAY BE AGGREGATED IN CERTAIN CIRCUMSTANCES WHEN DETERMINING THE LEVEL OF PUNISHMENT TO BE IMPOSED; TO PROVIDE THAT PROVING IT WAS THE REGULAR PRACTICE OF A BUSINESS ACTIVITY TO MAKE A MEMORANDUM, REPORT, OR DATA COMPILATION MAY BE MADE BY AN UNSWORN DECLARATION UNDER PENALTY OF PERJURY; TO CREATE A PILOT PROGRAM TO AUTHORIZE AUTOMATIC LICENSE PLATE READERS IN STATE RIGHTS-OF-WAY; TO MAKE TECHNICAL CHANGES TO THE OBSCENE LITERATURE AND EXHIBITIONS STATUTE; AND TO ESTABLISH AN INDEPENDENT OFFICE OF THE STATE FIRE MARSHAL IN THE DEPARTMENT OF INSURANCE, TO PRESCRIBE THE POWERS AND DUTIES OF THAT OFFICE, AND TO AMEND CERTAIN FIREFIGHTER PROGRAMS.
Intro. by Britt, McInnis, Craven.

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Bill summary

House committee substitute to the 1st edition adds the following. 

Enacts new GS 15A-1340.16F, pertaining to aggregation of multiple crime offenses.  Defines financial crime offense.  Allows for aggregation at sentencing when a person is convicted of two or more of the same financial crime offenses if both conditions are met: (1) the person committed the financial crime against more than one person or in more than one county and (2) the financial crime offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a common scheme or plan. Sets forth rules related to venue. Requires that the prosecution set forth the facts related to aggregation in its pleading. If aggregation is allowed, directs the court to use the aggregated value of the money, goods, property, services, chose in action, or other thing of value when determining the level of punishment to be imposed as follows: (1) if the aggregated value is greater than $1,500 then the aggregated offenses will be punished as a Class H felony; (2) if the aggregated value is greater than $20,000 then the aggregated offenses will be punished as a Class G felony; (3) if the aggregated value is greater than $50,000 then the aggregated offenses will be punished as a Class F felony; (4) if the aggregated value is greater than $100,000 then the aggregated offenses will be punished as a Class C felony. Requires the prosecution to prove both the factors relating to aggregation and the aggregated value of the things at value at issue at the defendant’s trial on liability.  If the defendant pleads guilty or no contest to the financial crime offenses but pleads not guilty to the issues related to aggregation, then a jury must be impaneled to determine the issues. Effective December 1, 2023, and applies to offenses committed on or after that date.

Amends GS 8C-1, North Carolina Rule of Evidence 803, pertaining to the business records exception to hearsay (an out-of-court statement offered to prove the truth of the matter asserted) to allow for records to be authenticated (i.e., verified) with an unsworn certification by the custodian of records or other qualified witness under penalty of perjury that complies with the requirements of 28 US 1746 (federal rule governing unsworn declarations under penalty of perjury), in addition to other listed methods of authentication.  Effective December 1, 2023. 

Amends GS 115C-81.45 by requiring that local boards of education give civic youth groups (Big Brothers Big Sisters of America, Boy Scouts of America, Boys and Girls Clubs of America, Future Farmers of America, or Girl Scouts of the United States of America) opportunities in each school to address students during the week of Patriot’s Day or the week of Constitution Day to address how involvement can further students' educational interests and civic participation to improve their schools, communities, and themselves. Sets out the procedure for the group to provide notice to the school’s principal and for the principal’s approval. Requires the group to be given at least 10 minutes during the instructional day to address students. Allows a principal to designate a single event to observe a civic focus week when all civic youth groups may address students, with time allocated equally among the groups; sets out additional time limitations on such an event. Requires the same opportunity to be given by charter schools (GS 115C-218.75), regional schools (GS 115C-238.66), and laboratory schools (GS 116-239.8). Applies beginning with the 2024-25 school year.

Enacts GS 160D-912.1, prohibiting local governments from enacting or amending general ordinances to require an owner of a nonconforming sign, defined as an on-premises advertisement that was lawfully installed but which does not comply with current ordinances or regulations, to bring the sign into compliance with current regulations without either compensating the owner or reimbursing the owner the difference of the fair market value of the nonconforming sign and the reasonable cost to bring the sign into compliance. Defines on-premises advertisement. Deems the local government to own the sign upon payment for the sign and requires removal of the sign at a time mutually agreed to by the sign owner and local government. If the owner is reimbursed, requires the sign owner, upon being reimbursed, to bring the sign into compliance in a timely manner. Provides for the calculation of monetary compensation for a nonconforming sign without consideration of the effect of the ordinance or any diminution in value by the ordinance requiring removal. Establishes four exceptions to requiring a local government to compensate or reimburse an owner of a nonconforming sign, including (1) a voluntary agreement between the owner and the local government allowing for its removal after a set period of time and (2) when the nonconforming sign is a public nuisance or detrimental to public health or safety. Allows the local government to bring an action in superior court to determine monetary compensation or reimbursement to be paid in the event there is disagreement, with the court required to determine the factors set forth in its calculation. Specifies that these provisions do not affect a local government's power of eminent domain pursuant to GS Chapter 40A.

Makes conforming changes to the act's long and short titles.