GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	2 

HOUSE BILL 760
Committee Substitute Favorable 4/20/99

Short Title:  Amend Arson Laws.	(Public)

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Sponsors:

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Referred to:  

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March 31, 1999

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE CRIMINAL PENALTIES FOR CERTAIN ARSON OFFENSES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-58 reads as rewritten:
"§ 14-58.  Punishment for arson.
There shall be two degrees of arson as defined at the common law.  If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class B2 felony.  If the dwelling burned was unoccupied at the time of the burning, the offense is arson in the second degree and is punishable as a Class C felony."
Section 2.  G.S. 14-59 reads as rewritten:
"§ 14-59.  Burning of certain public buildings.
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, the State Capitol, the Legislative Building, the Justice Building or any building owned or occupied by the State or any of its agencies, institutions or subdivisions or by any county, incorporated city or town or other governmental or quasi-governmental entity, he shall be punished as a Class C felon."
Section 3.  G.S. 14-60 reads as rewritten:
"§ 14-60.  Burning of schoolhouses or buildings of educational institutions.
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 schoolhouse or building owned, leased or used by any public or private school, college or educational institution, he shall be punished as a Class C felon."
Section 4.  G.S. 14-61 reads as rewritten:
"§ 14-61.  Burning of certain bridges and buildings.
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 shall be punished as a Class C felon."
Section 5.  G.S. 14-62 reads as rewritten:
"§ 14-62.  Burning of certain buildings.
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 shall be punished as follows:
(1)	If the property damage is twenty-five thousand dollars ($25,000) or less, then the offense is a Class H felony.
(2)	If the property damage is one hundred thousand dollars ($100,000) or less, but more than twenty-five thousand dollars ($25,000), then the offense is a Class E felony.
(3)	If the property damage is more than one hundred thousand dollars ($100,000), then the offense is a Class C felony."
Section 6.  G.S. 14-62.1 reads as rewritten:
"§ 14-62.1.  Burning of building or structure in process of construction.
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 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 shall be punished as follows:
(1)	If the property damage is twenty-five thousand dollars ($25,000) or less, then the offense is a Class H felony.
(2)	If the property damage is one hundred thousand dollars ($100,000) or less, but more than twenty-five thousand dollars ($25,000), then the offense is a Class E felony.
(3)	If the property damage is more than one hundred thousand dollars ($100,000), then the offense is a Class C felony."
Section 7.  G.S. 14-62.2 reads as rewritten:
"§ 14-62.2.  Burning of churches and certain other religious buildings.
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 C felon."
Section 8.  G.S. 14-63 reads as rewritten:
"§ 14-63.  Burning of boats and barges.
(a)	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 boat, barge, ferry or float, without the consent of the owner thereof, he shall be punished as follows:
(1)	If the property damage is twenty-five thousand dollars ($25,000) or less, then the offense is a Class H felony.
(2)	If the property damage is one hundred thousand dollars ($100,000) or less, but more than twenty-five thousand dollars ($25,000), then the offense is a Class E felony.
(3)	If the property damage is more than one hundred thousand dollars ($100,000), then the offense is a Class C felony.
(b)	In the event the consent of the owner is given for an unlawful or fraudulent purpose, however, the penalty provisions of this section shall remain in full force and effect."
Section 9.  G.S. 14-65 reads as rewritten:
"§ 14-65.  Fraudulently setting fire to dwelling houses.
If any person, being the occupant of any building used as a dwelling house, whether such person be the owner thereof or not, or, being the owner of any building designed or intended as a dwelling house, shall wantonly and willfully or for a fraudulent purpose set fire to or burn or cause to be burned, or aid, counsel or procure the burning of such building, he shall be punished as follows:
(1)	If the property damage is twenty-five thousand dollars ($25,000) or less, then the offense is a Class H felony.
(2)	If the property damage is one hundred thousand dollars ($100,000) or less, but more than twenty-five thousand dollars ($25,000), then the offense is a Class E felony.
(3)	If the property damage is more than one hundred thousand dollars ($100,000), then the offense is a Class C felony."
Section 10.  G.S. 14-66 reads as rewritten:
"§ 14-66.  Burning of personal property.
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 goods, wares, merchandise or other chattels or personal property of any kind, whether or not the same shall at the time be insured by any person or corporation against loss or damage by fire, with intent to injure or prejudice the insurer, the creditor or the person owning the property, or any other person, whether the property  is that of such person or another, he shall be punished as follows:
(1)	If the property damage is twenty-five thousand dollars ($25,000) or less, then the offense is a Class H felony.
(2)	If the property damage is one hundred thousand dollars ($100,000) or less, but more than twenty-five thousand dollars ($25,000), then the offense is a Class E felony.
(3)	If the property damage is more than one hundred thousand dollars ($100,000), then the offense is a Class C felony."
Section 11.  G.S. 14-67.1 reads as rewritten:
"§ 14-67.1.  Burning other buildings.
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 building or other structure of any type not otherwise covered by the provisions of this Article, he shall be punished as follows:
(1)	If the property damage is twenty-five thousand dollars ($25,000) or less, then the offense is a Class H felony.
(2)	If the property damage is one hundred thousand dollars ($100,000) or less, but more than twenty-five thousand dollars ($25,000), then the offense is a Class E felony.
(3)	If the property damage is more than one hundred thousand dollars ($100,000), then the offense is a Class C felony."
Section 12.  G.S. 14-136 reads as rewritten:
"§ 14-136.  Setting fire to grass and brushlands and woodlands.
(a)	Except as provided by subsection (b) of this section, if any person shall intentionally set fire to any grassland, brushland or woodland, except it be his own property, or in that case without first giving notice to all persons owning or in charge of lands adjoining the land intended to be fired, and without also taking care to watch such fire while burning and to extinguish it before it shall reach any lands near to or adjoining the lands so fired, he shall for every such offense be guilty of a Class 2 misdemeanor for the first offense, and for a second or any subsequent similar offense shall be guilty of a Class 1 misdemeanor.  
(b)	If it is shown that a person who violates subsection (a) of this section had the intent to damage the property of another, then the person shall be punished as follows:
(1)	If the property damage and suppression cost is twenty-five thousand dollars ($25,000) or less, then the offense is a Class H felony.
(2)	If the property damage and suppression cost is one hundred thousand dollars ($100,000) or less, but more than twenty-five thousand dollars ($25,000), then the offense is a Class E felony.
(3)	If the property damage and suppression cost is more than one hundred thousand dollars ($100,000), then the offense is a Class C felony.
(c)	This section shall not prevent an action for the damages sustained by the owner of any property from such fires.  For the purposes of this section, the term "woodland"is to be taken to include all forest areas, both timber and cutover land, and all second-growth stands on areas that have at one time been cultivated.  Any person who shall furnish to the State, evidence sufficient for the conviction of a violation of this section shall receive the sum of five hundred dollars ($500.00) to be paid from the State Fire Suppression Fund."
Section 13.  G.S. 90-21.20 reads as rewritten:
"§ 90-21.20. Reporting by physicians and hospitals of wounds, injuries and illnesses.
(a)	Such cases of wounds, injuries or illnesses as are enumerated in subsection (b) shall be reported as soon as it becomes practicable before, during or after completion of treatment of a person suffering such wounds, injuries, or illnesses. If such case is treated in a hospital, sanitarium or other medical institution or facility, such report shall be made by the Director, Administrator, or other person designated by the Director or Administrator, or if such case is treated elsewhere, such report shall be made by the physician or surgeon treating the case, to the chief of police or the police authorities of the city or town of this State in which the hospital or other institution, or place of treatment is located. If such hospital or other institution or place of treatment is located outside the corporate limits of a city or town, then the report shall be made by the proper person in the manner set forth above to the sheriff of the respective county or to one of his deputies.  The reporting requirement under this subsection is waived if the patient was treated earlier for the wound, injury, or illness at another hospital, sanitarium, or other medical institution or facility that is subject to the reporting requirements of this subsection.
(b)	Cases of wounds, injuries or illnesses which shall be reported  by physicians, and hospitals include every case of a bullet wound, gunshot wound, powder burn or any other injury arising from or caused by, or appearing to arise from or be caused by, the discharge of a gun or firearm, every case of illness apparently caused by poisoning, every case of a wound or injury caused, or apparently caused, by a knife or sharp or pointed instrument if it appears to the physician or surgeon treating the case that a criminal act was involved, every case in which a patient has burns over approximately ten percent (10%) or more of the patient's body if it appears to the physician or surgeon treating the case that a criminal act was involved,  and every case of a wound, injury or illness in which there is grave bodily harm or grave illness if it appears to the physician or surgeon treating the case that the wound, injury or illness resulted from a criminal act of violence.
(c)	Each report made pursuant to subsections (a) and (b) above shall state the name of the wounded, ill or injured person, if known,  and the age, sex, race, residence or present location, if known, and the character and extent of his injuries.
(d)	Any hospital, sanitarium, or other like institution or Director, Administrator, or other designated person, or physician or surgeon participating in good faith in the making of a report pursuant to this section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as the result of the making of such report."
Section 14.  This act becomes effective December 1, 1999, and applies to offenses committed on or after that date.