GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 648

SENATE BILL 792

 

AN ACT TO REQUIRE MANDATORY COMMUNITY SERVICE FOR AN INITIAL CONVICTION OF MAKING FALSE BOMB REPORTS TO A HOSPITAL FACILITY OR USING A FALSE BOMB TO CREATE A SCARE IN A HOSPITAL FACILITY AND TO PROVIDE THAT A SECOND OR SUBSEQUENT CONVICTION OF EITHER OFFENSE IS A CLASS I FELONY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 14-69.1 reads as rewritten:

"§ 14-69.1.  Making a false report concerning destructive device.

(a)       If any person shall, by any means of communication to any person or group of persons, make a report, knowing or having reason to know the same to be false, that there is located in any building, house or other structure whatsoever or any vehicle, aircraft, vessel or boat any device designed to destroy or damage the building, house or structure or vehicle, aircraft, vessel or boat by explosion, blasting or burning, he shall be guilty of a misdemeanor, and shall, upon conviction, be fined or imprisoned or both in the discretion of the court.

(b)       If any person shall, by any means of communication to any person or group of persons, make a report, knowing or having reason to know the same to be false, that there is located in any hospital facility as defined in G.S. 131E-6, which includes a health clinic facility, any device designed to destroy or damage the hospital or health clinic facility by explosion, blasting, or burning, he shall, upon a first conviction, be guilty of a misdemeanor, punishable by a minimum of 100 hours of mandatory community service.  Upon a second or subsequent conviction under this subsection, he shall be guilty of a Class I felony and shall be fined or imprisoned or both in the discretion of the court."

Sec. 2.  G.S. 14-69.2 reads as rewritten:

"§ 14-69.2.  Perpetrating hoax by use of false bomb or other device.

(a)       If any person, with intent to perpetrate a hoax, shall secrete, place or display any device, machine, instrument or artifact, so as to cause any person reasonably to believe the same to be a bomb or other device capable of causing injury to persons or property, he shall be guilty of a misdemeanor, and shall, upon conviction, be fined or imprisoned or both in the discretion of the court.

(b)       A violation of subsection (a) of this section that occurs in a hospital facility as defined in G.S. 131E-6 is, upon a first conviction, a misdemeanor punishable by a minimum of 100 hours of mandatory community service.  A second or subsequent conviction under subsection (a) of this section is a Class I felony."

Sec. 3.  This act becomes effective October 1, 1991, and applies to offenses occurring on or after that date.

In the General Assembly read three times and ratified this the 12th day of July, 1991.

 

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives