Vote Smart's Synopsis:

Vote to amend and pass a bill that increases penalties for people engaged in "riots."

Highlights:

• Defines a “riot” as a public disturbance involving an assemblage of 3 or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property (Sec. 1).

• Specifies that any person who willfully engages in a riot is guilty of a Class 1 misdemeanor (Sec. 1).

• Establishes that any person who willfully engages in a riot is guilty of a Class H felony if the person possesses any dangerous weapon or substance (Sec. 1).

• Establishes that any person who willfully engages in a riot is guilty of a Class F felony if in the course of and as a result of the riot there is property damage in excess of $1,500 or serious bodily injury (Sec. 1).

• Specifies that any person who willfully engages in a riot is guilty of a Class E felony if in the course of and as a result of the riot there is a death (Sec. 1).

• Establishes that any person who willfully incites or urges another to engage in a riot, so that as a result of such inciting or urging a riot occurs or a clear and present danger of a riot is created, is guilty of a Class A1 misdemeanor (Sec. 1).

• Specifies that any person who willfully incites or urges another to engage in a riot, and such inciting or urging is a contributing cause of a riot in which there is property damage in excess of $1,500 or serious bodily injury, is guilty of a Class E felony (Sec. 1).

• Establishes that any person who willfully incites or urges another to engage in a riot, and such inciting or urging is a contributing cause of a riot in which a death results, is guilty of a Class D felony (Sec. 1).

• Specifies that any person whose person or property is injured by reason of a violation of this section may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys’ fees (Sec. 1).

• Specifies that mere presence alone without an overt act is not sufficient to sustain a conviction pursuant to this section (Sec. 1).

• Establishes that any person whose person or property is injured by reason of a violation of this section may sue for and recover from the violator 3 times the actual damages sustained, as well as court costs and attorneys’ fees (Sec. 2).

• Establishes that an assault upon emergency personnel is an assault upon any person coming within the definition of “emergency personnel” which is committed in an area (Sec. 3):

• In which a declared state of emergency exists; or

• Within the immediate vicinity of which a riot is occurring or is imminent.

• Defines the term “emergency personnel” to include law-enforcement officers, firemen, ambulance attendants, utility workers, doctors, nurses, members of the North Carolina National Guard, and other persons lawfully engaged in providing essential services or otherwise discharging or attempting to discharge his or her official duties during the emergency (Sec. 3).

• Specifies that any person who commits an assault upon emergency personnel is guilty of a Class H felony and any person who commits an assault upon emergency personnel with or through the use of any dangerous weapon or substance is to be punished as a Class F felon (Sec. 3).

• Establishes that in all cases in which the defendant is charged with a violation of G.S. 14-288.2 or G.S. 14-288.6, the judicial official who determines the conditions of pretrial release is to be a judge who is to direct a law enforcement officer or a district attorney to provide a criminal history report for the defendant and is to consider the criminal history when setting conditions of release (Sec. 4).

• Specifies that after setting conditions of release, the judge is to return the report to the providing agency or department and no judge is to unreasonably delay the determination of conditions of pretrial release for the purpose of reviewing the defendant's criminal history report (Sec. 4).

• Establishes that the following provisions apply in addition to the provisions of G.S. 15A-534 (Sec. 4):

• Upon a determination by the judge that the immediate release of the defendant will pose a danger of injury to persons and upon a determination that the execution of an appearance bond as required by G.S. 15A-534 will not reasonably assure that such injury will not occur, a judge may retain the defendant in custody for a reasonable period of time while determining the conditions of pretrial release;

• A judge may order the defendant to stay away from specific locations or property where the offense occurred. This condition may be imposed in addition to requiring that the defendant execute a secured appearance bond; and

• Should the defendant be mentally ill and dangerous to himself or herself or others, or a substance abuser and dangerous to himself or herself or others, the provisions of Article 5 of Chapter 122C of the General Statutes apply.

• Establishes that a defendant may be retained in custody not more than 48 hours from the time of arrest without a determination being made under this section by a judge; however, if a judge has not acted pursuant to this section within 48 hours of arrest, the magistrate is to act under the provisions of this section (Sec. 4).

• Specifies that this act becomes effective December 1, 2021, and applies to offenses committed on or after that date (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that increases penalties for people engaged in "riots."

Highlights:

• Defines a “riot” as a public disturbance involving an assemblage of 3 or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property (Sec. 1).

• Specifies that any person who willfully engages in a riot is guilty of a Class 1 misdemeanor (Sec. 1).

• Establishes that any person who willfully engages in a riot is guilty of a Class H felony if the person possesses any dangerous weapon or substance (Sec. 1).

• Establishes that any person who willfully engages in a riot is guilty of a Class F felony if in the course of and as a result of the riot there is property damage in excess of $1,500 or serious bodily injury (Sec. 1).

• Specifies that any person who willfully engages in a riot is guilty of a Class E felony if in the course of and as a result of the riot there is a death (Sec. 1).

• Establishes that any person who willfully incites or urges another to engage in a riot, so that as a result of such inciting or urging a riot occurs or a clear and present danger of a riot is created, is guilty of a Class A1 misdemeanor (Sec. 1).

• Specifies that any person who willfully incites or urges another to engage in a riot, and such inciting or urging is a contributing cause of a riot in which there is property damage in excess of $1,500 or serious bodily injury, is guilty of a Class E felony (Sec. 1).

• Establishes that any person who willfully incites or urges another to engage in a riot, and such inciting or urging is a contributing cause of a riot in which a death results, is guilty of a Class D felony (Sec. 1).

• Specifies that any person whose person or property is injured by reason of a violation of this section may sue for and recover from the violator three times the actual damages sustained, as well as court costs and attorneys’ fees (Sec. 1).

• Specifies that mere presence alone without an overt act is not sufficient to sustain a conviction pursuant to this section (Sec. 1).

• Establishes that any person whose person or property is injured by reason of a violation of this section may sue for and recover from the violator 3 times the actual damages sustained, as well as court costs and attorneys’ fees (Sec. 2).

• Establishes that an assault upon emergency personnel is an assault upon any person coming within the definition of “emergency personnel” which is committed in an area (Sec. 3):

• In which a declared state of emergency exists; or

• Within the immediate vicinity of which a riot is occurring or is imminent.

• Defines the term “emergency personnel” to include law-enforcement officers, firemen, ambulance attendants, utility workers, doctors, nurses, members of the North Carolina National Guard, and other persons lawfully engaged in providing essential services or otherwise discharging or attempting to discharge his or her official duties during the emergency (Sec. 3).

• Specifies that any person who commits an assault upon emergency personnel is guilty of a Class H felony and any person who commits an assault upon emergency personnel with or through the use of any dangerous weapon or substance is to be punished as a Class F felon (Sec. 3).

• Establishes that in all cases in which the defendant is charged with a violation of G.S. 14-288.2 or G.S. 14-288.6, the judicial official who determines the conditions of pretrial release is to be a judge who is to direct a law enforcement officer or a district attorney to provide a criminal history report for the defendant and is to consider the criminal history when setting conditions of release (Sec. 4).

• Specifies that after setting conditions of release, the judge is to return the report to the providing agency or department and no judge is to unreasonably delay the determination of conditions of pretrial release for the purpose of reviewing the defendant's criminal history report (Sec. 4).

• Establishes that the following provisions apply in addition to the provisions of G.S. 15A-534 (Sec. 4):

• Upon a determination by the judge that the immediate release of the defendant will pose a danger of injury to persons and upon a determination that the execution of an appearance bond as required by G.S. 15A-534 will not reasonably assure that such injury will not occur, a judge may retain the defendant in custody for a reasonable period of time while determining the conditions of pretrial release;

• A judge may order the defendant to stay away from specific locations or property where the offense occurred. This condition may be imposed in addition to requiring that the defendant execute a secured appearance bond; and

• Should the defendant be mentally ill and dangerous to himself or herself or others, or a substance abuser and dangerous to himself or herself or others, the provisions of Article 5 of Chapter 122C of the General Statutes apply.

• Establishes that a defendant may be retained in custody not more than 48 hours from the time of arrest without a determination being made under this section by a judge; however, if a judge has not acted pursuant to this section within 48 hours of arrest, the magistrate is to act under the provisions of this section (Sec. 4).

• Specifies that this act becomes effective December 1, 2021, and applies to offenses committed on or after that date (Sec. 5).

Full Bill Text