GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

SESSION LAW 2018-66

HOUSE BILL 744

AN ACT to amend the crime of trespass to include unauthorized entry upon lands of the eastern band of cherokee indians.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑159.12 reads as rewritten:

"§ 14‑159.12.  First degree trespass.

(a)        Offense. – A person commits the offense of first degree trespass if, without authorization, he enters or remains:

(1)        On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; or

(2)        In a building of another.another; or

(3) On the lands of the Eastern Band of Cherokee Indians after the person has been excluded by a resolution passed by the Eastern Band of Cherokee Indian Tribal Council.

(b)        Except as otherwise provided in subsection (c), (d), or (f) of this section, first degree trespass is a Class 2 misdemeanor.

(c)        Except as otherwise provided in subsection (d) of this section, a violation of subsection (a) of this section is a Class A1 misdemeanor if all of the following circumstances exist:

(1)        The offense is committed on the premises of any of the following:

a.         A facility that is owned or operated by an electric power supplier as defined in G.S. 62‑133.8(a)(3) and that is either an electric generation facility, a transmission substation, a transmission switching station, a transmission switching structure, or a control center used to manage transmission operations or electrical power generating at multiple plant locations.

b.         Any facility used or available for use in the collection, treatment, testing, storing, pumping, or distribution of water for a public water system.

c.         Any facility, including any liquefied natural gas storage facility or propane air facility, that is owned or operated by a natural gas local distribution company, natural gas pipeline carrier operating under a certificate of public convenience and necessity from the Utilities Commission, municipal corporation operating a municipally owned gas distribution system, or regional natural gas district organized and operated pursuant to Article 28 of Chapter 160A of the General Statutes used for transmission, distribution, measurement, testing, regulating, compression, control, or storage of natural gas.

d.         Any facility used or operated for agricultural activities, as that term is defined in G.S. 106‑581.1.

(2)        The person actually entered a building, or it was necessary for the person to climb over, go under, or otherwise surmount a fence or other barrier to reach the facility.

(d)       If, in addition to the circumstances set out in subsection (c) of this section, the violation also includes any of the following elements, then the offense is a Class H felony:

(1)        The offense is committed with the intent to disrupt the normal operation of any of the facilities described in subdivision (1) of subsection (c) of this section.

(2)        The offense involves an act that places either the offender or others on the premises at risk of serious bodily injury.

(e)        As used in subsections (c) and (d) of this section, the term "facility" shall mean a building or other infrastructure.

(f)        A violation of subsection (a) of this section is a Class I felony and shall include a fine of not less than one thousand dollars ($1,000) for each violation, if any of the following circumstances exist:

(1)        The offense occurs on real property where the person has reentered after having previously been removed pursuant to the execution of a valid order or writ for possession.

(2)        The offense occurs under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest.

(3) The offense is the person's second or subsequent violation of subdivision (a)(3) of this section."

SECTION 2.  This act becomes effective December 1, 2018, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 14^th day of June, 2018.

                                                                    s/  Bill Rabon

                                                                         Presiding Officer of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Roy Cooper

                                                                         Governor

Approved 10:36 a.m. this 25^th day of June, 2018