Bill Summary – FastDemocracy

H.B. 315
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Mar 16, 2021
                                      SESSION 2021                                    HOUSE PRINCIPAL CLERK
     H                                                                                               D
                                   HOUSE BILL DRH10139-MLf-84
     Short Title:   Arson Law Revisions.                                                        (Public)
     Sponsors:      Representatives McNeill, Boles, Saine, and Carter (Primary Sponsors).
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT TO INCREASE THE PUNISHMENT FOR THE BURNING OF COMMERCIAL
    STRUCTURES; TO AMEND THE OFFENSE OF ARSON OR OTHER UNLAWFUL
    BURNINGS THAT RESULT IN INJURY TO A FIREFIGHTER, LAW ENFORCEMENT
    OFFICER, FIRE INVESTIGATOR, OR EMERGENCY MEDICAL TECHNICIAN; TO
    AUTHORIZE THE COMMISSIONER OF INSURANCE THROUGH THE OFFICE OF
    STATE FIRE MARSHAL TO INVESTIGATE FIRES; TO REQUIRE CRIMINAL
    HISTORY RECORD CHECKS OF APPLICANTS TO FIRE DEPARTMENTS; TO
    REQUIRE APPLICANTS TO DISCLOSE CERTAIN CRIMINAL CHARGES; AND TO
    PROHIBIT APPLICANTS CONVICTED OF CERTAIN CRIMES FROM SERVING AS
    VOLUNTEER OR PAID MEMBERS OF FIRE DEPARTMENTS.
 The General Assembly of North Carolina enacts:
13
 PART I. BURNING OF COMMERCIAL STRUCTURES
             SECTION 1.(a) G.S. 14-60 is repealed.
             SECTION 1.(b) G.S. 14-61 reads as rewritten:
 "§ 14-61. Burning of certain bridges and buildings.
     If Unless the conduct is covered under some other provision of law providing greater
 punishment, if any person shall wantonly and willfully set fire to or burn or cause to be burned,
 or aid, counsel or procure the burning of, any public bridge, or private toll bridge, or the bridge
 of any incorporated company, or any fire-engine house or rescue-squad building, or any house
 belonging to an incorporated company or unincorporated association and used in the business of
 such company or association, he the person shall be punished as a Class F felon."
             SECTION 1.(c) G.S. 14-62 reads as rewritten:
 "§ 14-62. Burning of certain buildings.
     If Unless the conduct is covered under some other provision of law providing greater
 punishment, if any person shall wantonly and willfully set fire to or burn or cause to be burned,
 or aid, counsel or procure the burning of, any uninhabited house, or any stable, coach house,
 outhouse, warehouse, office, shop, mill, barn or granary, or any building, structure or erection
 used or intended to be used in carrying on any trade or manufacture, or any branch thereof,
 whether the same or any of them respectively shall then be in the possession of the offender, or
 in the possession of any other person, he the person shall be punished as a Class F felon."
             SECTION 1.(d) G.S. 14-62.1 reads as rewritten:
 "§ 14-62.1. Burning of building or structure in process of construction.
     If Unless the conduct is covered under some other provision of law providing greater
 punishment, if any person shall wantonly and willfully set fire to or burn or cause to be burned,
                                  *DRH10139-MLf-84*
     General Assembly Of North Carolina                                                   Session 2021
 or aid, counsel or procure the burning of, any building or structure in the process of construction
 for use or intended to be used as a dwelling house or in carrying on any trade or manufacture, or
 otherwise, whether the same or any of them respectively shall then be in the possession of the
 offender, or in the possession of any other person, he the person shall be punished as a Class H
 felon."
             SECTION 1.(e) G.S. 14-62.2 reads as rewritten:
 "§ 14-62.2. Burning of churches and certain other religious buildings.
     If Unless the conduct is covered under some other provision of law providing greater
 punishment, if any person shall wantonly and willfully set fire to or burn or cause to be burned,
 or aid, counsel or procure the burning of any church, chapel, or meetinghouse, the person shall
 be punished as a Class E felon."
             SECTION 1.(f) G.S. 14-64 reads as rewritten:
 "§ 14-64. Burning of ginhouses and tobacco houses.
     (a)     If Unless the conduct is covered under some other provision of law providing greater
 punishment, if any person shall wantonly and willfully set fire to or burn or cause to be burned,
 or aid, counsel or procure the burning of, any ginhouse or tobacco house, or any part thereof, he
 the person shall be punished as a Class H felon.
     (b)     The following definitions apply to this section:
             (1)      Ginhouse. – Any building or structure where cotton is ginned.
             (2)      Tobacco house. – Any barn, building, or other structure used for curing and
                      aging tobacco."
             SECTION 1.(g) Article 15 of Chapter 14 of the General Statutes is amended by
 adding a new section to read:
 "§ 14-62.3. Burning of commercial structure.
     (a)     Definition. – For purposes of this section, the term "commercial structure" means any
 building or structure that is not designed principally for residential purposes.
     (b)     Burning of Occupied Commercial Structure. – Unless the conduct is covered under
 some other provision of law providing greater punishment, if any person shall wantonly and
 willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of any
 commercial structure or its contents, and the structure is occupied at the time of the burning, the
 person shall be punished as a Class D felon.
     (c)     Burning of Unoccupied Commercial Structure. – Unless the conduct is covered under
 some other provision of law providing greater punishment, if any person shall wantonly and
 willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of any
 commercial structure or its contents, and the structure is unoccupied at the time of the burning,
 the person shall be punished as a Class E felon."
37
 PART II. ARSON OR OTHER UNLAWFUL BURNING THAT RESULTS IN INJURY
 TO A FIREFIGHTER, LAW ENFORCEMENT OFFICER, FIRE INVESTIGATOR, OR
 EMERGENCY MEDICAL TECHNICIAN
            SECTION 2. G.S. 14-69.3 reads as rewritten:
 "§ 14-69.3. Arson or other unlawful burning that results in serious bodily injury or physical
            injury to a firefighter, law enforcement officer, fire investigator, or emergency
            medical technician.
     (a)    Definitions. – The following definitions apply in this section:
            (1)     Emergency medical technician. – The term includes an emergency medical
                    technician, an emergency medical technician-intermediate, and an emergency
                    medical technician-paramedic, as those terms are defined in G.S. 131E-155.
            (2)     Fire investigator. – The term includes any person who, individually or as part
                    of an investigative team, has the responsibility and authority to determine the
                    origin, cause, or development of a fire or explosion.
     Page 2                                                                        DRH10139-MLf-84
     General Assembly Of North Carolina                                                         Session 2021
     (b)     Offense Involving Serious Injury. – A person is guilty of a Class E felony if the person
 commits a felony under Article 15 of Chapter 14 of the General Statutes and a firefighter, law
 enforcement officer, fire investigator, or emergency medical technician suffers serious bodily
 injury while discharging or attempting to discharge official duties on the property, or proximate
 to the property, that is the subject of the firefighter's, law enforcement officer's, fire investigator's,
 or emergency medical technician's discharge or attempt to discharge his or her respective duties.
     (c)     Offense Involving Physical Injury. – A person is guilty of a Class F felony if the
 person commits a felony under Article 15 of Chapter 14 of the General Statutes and a firefighter,
 law enforcement officer, fire investigator, or emergency medical technician suffers physical
 injury while discharging or attempting to discharge official duties on the property, or proximate
 to the property, that is the subject of the firefighter's, law enforcement officer's, fire investigator's,
 or emergency medical technician's discharge or attempt to discharge his or her respective duties."
13
 PART III. COMMISSIONER OF INSURANCE THROUGH OFFICE OF STATE FIRE
 MARSHAL TO INVESTIGATE FIRES
              SECTION 3.(a) G.S. 58-79-1 reads as rewritten:
 "§ 58-79-1. Fires investigated; reports; records.
     The Director of the State Bureau of Investigation, through the State Bureau of Investigation,
 The Commissioner of Insurance, through the Office of the State Fire Marshal, Marshal, the State
 Bureau of Investigation, and the chief of the fire department, or chief of police where there is no
 chief of the fire department, in municipalities and towns, and the county fire marshal and the
 sheriff of the county and the chief of the rural fire department where such fire occurs outside of
 a municipality, are hereby authorized to investigate the cause, origin, and circumstances of every
 fire occurring in such municipalities or counties in which property has been destroyed or
 damaged, and shall specially make investigation whether the fire was the result of carelessness
 or design. A preliminary investigation shall be made by the chief of fire department or chief of
 police, where there is no chief of fire department in municipalities, and by the county fire marshal
 and the sheriff of the county or the chief of the rural fire department where such fire occurs
 outside of a municipality, and must be begun within three days, exclusive of Sunday, of the
 occurrence of the fire, and the Director of the State Bureau of Investigation, through the State
 Bureau of Investigation, Commissioner of Insurance, through the Office of the State Fire
 Marshal, shall have the right to supervise and direct the investigation when he the Commissioner
 deems it expedient or necessary.
     The officer making the investigation of fires shall forthwith notify the Director of the State
 Bureau of Investigation, Commissioner of Insurance, and must within one week of the occurrence
 of the fire furnish to the Director of the State Bureau of Investigation Commissioner of Insurance
 a written statement of all facts relating to the cause and origin of the fire, the kind, value and
 ownership of the property destroyed, and such other information as is called for by the forms
 provided by the Director of the State Bureau of Investigation. Commissioner of Insurance.
 Departments capable of submitting the required information by the utilization of computers and
 related equipment, by means of an approved format of standard punch cards, magnetic tapes or
 an approved telecommunications system, may do so in lieu of the submission of the written
 statement as provided for in this section. The Director of the State Bureau of Investigation
 Commissioner of Insurance shall keep in his office a record of all reports submitted pursuant to
 this section. These reports shall at all times be open to public inspection."
              SECTION 3.(b) G.S. 58-79-5 reads as rewritten:
 "§ 58-79-5. Commissioner of Insurance and Director of the State Bureau of Investigation
              to make examination; arrests and prosecution.
     It is the duty of the Commissioner of Insurance, through the Office of the Fire Marshal, and
 the Director of the State Bureau of Investigation to examine, or cause examination to be made,
 into the cause, circumstances, and origin of all fires occurring within the State to which his his
     DRH10139-MLf-84                                                                                   Page 3
     General Assembly Of North Carolina                                                     Session 2021
 or her attention has been called in accordance with the provisions of G.S. 58-79-1, or by
 interested parties, by which property is accidentally or unlawfully burned, destroyed, or
 damaged, whenever in his his or her judgment the evidence is sufficient, and to specially examine
 and decide whether the fire was the result of carelessness or the act of an incendiary. The
 Commissioner of Insurance, through the Office of State Fire Marshal, and the Director of the
 State Bureau of Investigation shall, in person, by deputy or otherwise, fully investigate all
 circumstances surrounding such fire, and, when in his their opinion such proceedings are
 necessary, take or cause to be taken the testimony on oath of all persons supposed to be cognizant
 of any facts or to have means of knowledge in relation to the matters as to which an examination
 is herein required to be made, and shall cause the same to be reduced in writing. If the
 Commissioner of Insurance, through the Office of State Fire Marshal, and the Director of the
 State Bureau of Investigation or any deputy appointed to conduct such investigations, is are of
 the opinion that there is evidence to charge any person or persons with the crime of arson, or
 other willful burning, or fraud in connection with the crime of arson or other willful burning, he
 the Director may arrest with a warrant or cause such person or persons to be arrested, charged
 with such offense, and prosecuted, and shall furnish to the district attorney of the district all such
 evidence, together with the names of witnesses and all other information obtained by him,
 obtained, including a copy of all pertinent and material testimony taken in the case."
             SECTION 3.(c) G.S. 58-79-10 reads as rewritten:
 "§ 58-79-10. Powers of Commissioner of Insurance and Director of the State Bureau of
             Investigation in investigations.
     The Commissioner of Insurance, through the Office of State Fire Marshal, and the Director
 of the State Bureau of Investigation, or his their deputy appointed to conduct such examination,
 has have the powers of a trial justice for the purpose of summoning and compelling the attendance
 of witnesses to testify in relation to any matter which is by provisions of this Article a subject of
 inquiry and investigation, and may administer oaths and affirmations to persons appearing as
 witnesses before them. False swearing in any such matter or proceeding is perjury and shall be
 punished as such. The Commissioner of Insurance, through the Office of State Fire Marshal, and
 the Director of the State Bureau of Investigation or his their deputy has have authority at all times
 of the day or night, in performance of the duties imposed by the provisions of this Article, to
 enter upon and examine any building or premises where any fire has occurred, and other buildings
 and premises adjoining or near the same. All investigations held by or under the direction of the
 Commissioner of Insurance, through the Office of State Fire Marshal, and Director of the State
 Bureau of Investigation or his their deputy may, in their discretion, be private, and persons other
 than those required to be present by the provisions of this Article may be excluded from the place
 where the investigation is held, and witnesses may be kept apart from each other and not allowed
 to communicate with each other until they have been examined."
             SECTION 3.(d) G.S. 58-79-15 reads as rewritten:
 "§ 58-79-15. Failure to comply with summons or subpoena.
     The failure of a person to comply with a summons or subpoena of the Commissioner of
 Insurance, through the Office of State Fire Marshal, and the Director of the State Bureau of
 Investigation or his their deputy under G.S. 58-79-10 shall be brought before a court of record
 and punished as for contempt in the same manner as if he had failed to appear and testify before
 said court of record."
             SECTION 3.(e) G.S. 58-79-40 reads as rewritten:
 "§ 58-79-40. Insurance company to furnish information.
     (a)     The chief of any municipal fire or police department, county fire marshal or sheriff,
 or special agent of the State Bureau of Investigation Investigation, or the Office of State Fire
 Marshal may request any insurance company investigating a fire loss of real or personal property
 to release any information in its possession relative to that loss. The company shall release the
     Page 4                                                                          DRH10139-MLf-84
     General Assembly Of North Carolina                                                    Session 2021
 information and cooperate with any official authorized to request such information pursuant to
 this section. The information shall include, but is not limited to:
              (1)     Any insurance policy relevant to a fire loss under investigation and any
                      application for such a policy;
              (2)     Policy premium payment records;
              (3)     History of previous claims made by the insured for fire loss;
              (4)     Material relating to the investigation of the loss, including statements of any
                      person, proof of loss, and any other relevant evidence.
     (b)      If an insurance company (or insurance agency) has reason to suspect that a fire loss
 to its insured's real or personal property was caused by incendiary means, the company shall
 furnish the State Bureau of Investi