Bill Summary – FastDemocracy

FILED SENATE
                                                                                         Apr 5, 2023
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 648
                                      SESSION 2023           PRINCIPAL CLERK
     S                                                                    D
                               SENATE BILL DRS45292-RI-28
     Short Title:   Protect Critical Infrastructure II.                                        (Public)
     Sponsors:      Senators McInnis, Britt, and P. Newton (Primary Sponsors).
     Referred to:
                                      A BILL TO BE ENTITLED
 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.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 14-159.1 reads as rewritten:
 "§ 14-159.1. Contaminating or injuring a public water system.system; injuring a
             wastewater treatment facility.
     (a)     Contaminating a Public Water System. – A person commits the offense of
 contaminating a public water system, as defined in G.S. 130A-313(10), if he the person willfully
 or wantonly:
             (1)     Contaminates, wantonly contaminates, adulterates or otherwise impurifies or
                     attempts to contaminate, adulterate or otherwise impurify the water in a public
                     water system, including the water source, with any toxic chemical, biological
                     agent or radiological substance that is harmful to human health, except those
                     added in approved concentrations for water treatment operations;
                     oroperations.
             (2)     Damages or tampers with the property or equipment of a public water system
                     with the intent to impair the services of the public water system.
     (b)     Injuring a Public Water System. – It is unlawful to knowingly and willfully stop,
 obstruct, impair, weaken, destroy, injure, or otherwise damage, or attempt to stop, obstruct,
 impair, weaken, destroy, injure, or otherwise damage, the property or equipment of a public water
 system, as defined in G.S. 130A-313(10), with the intent to impair the services of the public
 water system.
     (c)     Injuring a Wastewater Treatment System. – It is unlawful to knowingly and willfully
 stop, obstruct, impair, weaken, destroy, injure, or otherwise damage, or attempt to stop, obstruct,
 impair, weaken, destroy, injure, or otherwise damage, the property or equipment of a wastewater
 treatment system that is owned or operated by a (i) public utility, as that term is defined under
 G.S. 62-3, or (ii) local government unit, as defined in G.S. 159G-20(13). For purposes of this
 section, the term "wastewater treatment facility" means the various facilities and devices used in
 the treatment of sewage, industrial waste, or other wastes of a liquid nature, including the
 necessary interceptor sewers, outfall sewers, nutrient removal equipment, pumping equipment,
 power and other equipment, and their appurtenances.
     (b)(d) Any person who commits the offense defined in Punishment. – A person who
 violates subsection (a), (b), or (c) of this section is guilty of a Class C felony. Additionally, a
                                    *DRS45292-RI-28*
     General Assembly Of North Carolina                                                       Session 2023
 person who violates subsection (a), (b), or (c) of this section shall be ordered to pay a fine of
 two hundred fifty thousand dollars ($250,000).
      (e)     Merger. – Each violation of this section constitutes a separate offense and shall not
 merge with any other offense.
      (f)     Civil Remedies. – Any person whose property or person is injured by reason of a
 violation of subsection (a), (b), or (c) of this section shall have a right of action on account of
 such injury done 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 of this section. If damages are assessed in such case the plaintiff shall be entitled to
 recover treble the amount of damages fixed by the verdict or punitive damages pursuant to
 Chapter 1D of the General Statutes, together with costs, including attorneys' fees. A violation of
 subsection (a), (b), or (c) of this section shall constitute willful or wanton conduct within the
 meaning of G.S. 1D-5(7) in any civil action filed as a result of the violation. The rights and
 remedies provided by this subsection are in addition to any other rights and remedies provided
 by law. For purposes of this subsection, the term "damages" includes actual and consequential
 damages.
      (g)     The provisions of subsection (f) of this section relating to treble damages shall not be
 made known to the trier of fact through any means, including voir dire, the introduction into
 evidence, argument, or instructions to the jury."
              SECTION 2. G.S. 62-323 reads as rewritten:
 "§ 62-323. Willful injury to property of public utility a misdemeanor.felony.
      (a)     If any person shall willfully do or cause to be done any act or acts whatever whereby
 any building, construction or work of any public utility, or any engine, machine or structure or
 any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened,
 injured or destroyed, he shall be guilty of a Class 1 misdemeanor.Class C felony.
      (b)     Merger. – Each violation of this section constitutes a separate offense and shall not
 merge with any other offense.
      (c)     Civil Remedies. – Any person whose property or person is injured by reason of a
 violation of subsection (b) of this section shall have a right of action on account of such injury
 done 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
 of this section. If damages are assessed in such case the plaintiff shall be entitled to recover treble
 the amount of damages fixed by the verdict or punitive damages pursuant to Chapter 1D of the
 General Statutes, together with costs, including attorneys' fees. A violation of subsection (b) of
 this section shall constitute willful or wanton conduct within the meaning of G.S. 1D-5(7) in any
 civil action filed as a result of the violation. The rights and remedies provided by this subsection
 are in addition to any other rights and remedies provided by law. For purposes of this subsection,
 the term "damages" includes actual and consequential damages.
      (d)     The provisions of subsection (c) of this section relating to treble damages shall not be
 made known to the trier of fact through any means, including voir dire, the introduction into
 evidence, argument, or instructions to the jury.
      (e)     The provisions of this section shall only apply to conduct resulting in injury to a public
 utility, or property thereof, not otherwise covered by G.S. 14-150.2, 14-154, or 14-159.1."
              SECTION 3. G.S. 143-152 is repealed.
              SECTION 4. This act becomes effective December 1, 2023, and applies to offenses
 committed on or after that date.
     Page 2                                                                              DRS45292-RI-28
Statutes affected: 
Filed: 14-159.1, 62-323, 143-152
Edition 1: 14-159.1, 62-323, 143-152