AN ACT to amend the offense of breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft; TO PROVIDE THAT MULTIPLE ACTS OF CERTAIN FINANCIAL CRIME OFFENSES MAY BE AGGREGATED IN CERTAIN CIRCUMSTANCES WHEN DETERMINING THE LEVEL OF PUNISHMENT TO BE IMPOSED; TO PROVIDE THAT PROVING IT WAS THE REGULAR PRACTICE OF A BUSINESS ACTIVITY TO MAKE A MEMORANDUM, REPORT, OR DATA COMPILATION MAY BE MADE BY AN UNSWORN DECLARATION UNDER PENALTY OF PERJURY; TO ALLOW CIVIC YOUTH GROUPS TO ADDRESS STUDENTS IN PUBLIC SCHOOL UNITS DURING CIVIC FOCUS WEEKS; and to require monetary compensation to owners of on‑premises advertisements for the replacement or upgrade of nonconforming signs due to a change in local government regulations.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑56 reads as rewritten:

§ 14‑56.  Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft.

(a)        If It is unlawful for any person, with the intent to commit any felony or larceny therein, breaks or enters to break or enter any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind, containing any goods, wares, freight, or other thing of value, or, after having committed any felony or larceny therein, breaks break out of any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind containing any goods, wares, freight, or other thing of value, that person is guilty of a Class I felony. value. It is prima facie evidence that a person entered in violation of this section if he the person is found unlawfully in such a railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft.

(a1)      If any person violates subsection (a) of this section, that person is guilty of a Class H felony if both of the following conditions are met:

(1)        The railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is owned or operated by any law enforcement agency, the North Carolina National Guard, or any branch of the Armed Forces of the United States.

(2)        The person knows or reasonably should know that the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is owned or operated by any law enforcement agency, the North Carolina National Guard, or any branch of the Armed Forces of the United States.

(a2)      The following classifications apply to an offense under subsection (a) of this section:

(1)        An offense is a Class H felony if the goods, wares, freight, or other thing of value taken has a value exceeding one thousand five hundred dollars ($1,500), but no more than twenty thousand dollars ($20,000), aggregated over a 90‑day period, or if all of the following conditions are met:

a.         The railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is owned or operated by any law enforcement agency, the North Carolina National Guard, or any branch of the Armed Forces of the United States.

b.         The person knows or reasonably should know that the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is owned or operated by any law enforcement agency, the North Carolina National Guard, or any branch of the Armed Forces of the United States.

c.         The offense does not involve the taking of goods, wares, freight, or any other thing of value that would be punishable under subdivision (2), (3), or (4) of this subsection.

(2)        An offense is a Class G felony if the goods, wares, freight, or other thing of value taken has a value exceeding twenty thousand dollars ($20,000), but no more than fifty thousand dollars ($50,000), aggregated over a 90‑day period.

(3)        An offense is a Class F felony if the goods, wares, freight, or other thing of value taken has a value exceeding fifty thousand dollars ($50,000), but no more than one hundred thousand dollars ($100,000), aggregated over a 90‑day period.

(4)        An offense is a Class C felony if the goods, wares, freight, or other thing of value taken has a value exceeding one hundred thousand dollars ($100,000), aggregated over a 90‑day period.

(5)        An offense is a Class I felony for any other offense under subsection (a) of this section that is not otherwise covered under subdivisions (1) through (4) of this subsection.

(b)        It shall not be a violation of this section for any person to break or enter any railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind to provide assistance to a person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind if one or more of the following circumstances exist:

(1)        The person acts in good faith to access the person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind in order to provide first aid or emergency health care treatment or because the person inside is, or is in imminent danger of becoming unconscious, ill, or injured.

(2)        It is reasonably apparent that the circumstances require prompt decisions and actions in medical, other health care, or other assistance for the person inside the railroad car, motor vehicle, trailer, aircraft, boat, or watercraft of any kind.

(3)        The necessity of immediate health care treatment or removal of the person from the railroad car, motor vehicle, trailer, aircraft, boat, or other watercraft of any kind is so reasonably apparent that any delay in the rendering of treatment or removal would seriously worsen the physical condition or endanger the life of the person.

(c)        Acts occurring in more than one county that would constitute a violation of subsection (a) of this section and involve the taking of goods, wares, freight, or any other thing of value may be aggregated into an alleged violation of subsection (a) of this section. Each county where a part of the charged offense occurs has concurrent venue as described in G.S. 15A‑132.

SECTION 2.  G.S. 14‑86.1(a) reads as rewritten:

(a)      All conveyances, including vehicles, watercraft, or aircraft, used to unlawfully conceal, convey, or transport property in violation of G.S. 14‑71, 14‑71.1, or 14‑71.2, used by any person in the commission of armed or common‑law robbery, used in violation of G.S. 14‑72.7, used by any person in the commission of any larceny when the value of the property taken is more than two thousand dollars ($2,000), used by any person in the commission of an offense under G.S. 14‑56, or used by any person in the commission of organized retail theft in violation of G.S. 14‑86.6 shall be subject to forfeiture as provided herein, except that:

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SECTION 3.  Article 81B of Chapter 15A of the General Statutes is amended by adding a new section to read:

§ 15A‑1340.16F.  Aggregation of multiple financial crime offenses.

(a)        Definition. – For purposes of this section, the term financial crime offense means any of the following:

(1)        Acts of embezzlement punishable under Article 18 of Chapter 14 of the General Statutes.

(2)        Acts of false pretenses punishable under G.S. 14‑100.

(3)        Acts of exploitation of an older adult punishable under G.S. 14‑112.2.

(b)        Aggregation. – If a person is convicted of two or more of the same financial crime offenses, the financial crime offenses may be aggregated for sentencing if it is found that both of the following conditions are met:

(1)        The person committed the financial crime offenses against more than one victim or in more than one county.

(2)        The financial crime offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a common scheme or plan.

(c)        Venue. – Each county where a part of the violations aggregated under subsection (b) of this section occurs shall have concurrent venue as described in G.S. 15A‑132.

(d)       Pleading. – The pleading for financial crime offenses aggregated under this section shall allege the facts set out in subsection (b) of this section and identify the financial crime offenses to which the aggregation shall apply. The pleading is sufficient if it alleges that the defendant committed the financial crime offenses against more than one victim or in more than one county and that the financial crime offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a common scheme or plan.

(e)        Procedure. – The State shall prove the issues set out in subsections (b) and (f) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the financial crime offenses unless the defendant pleads guilty or no contest to the issues. If the defendant pleads guilty or no contest to the financial crime offenses but pleads not guilty to the issues set out in subsection (b) or subsection (f) of this section, then a jury shall be impaneled to determine the issues.

(f)        Punishment. – If convictions for two or more of the same financial crime offenses are aggregated in accordance with this section, the court shall use the aggregated value of the money, goods, property, services, chose in action, or other thing of value when determining the level of punishment to be imposed. Notwithstanding any provision of law to the contrary, financial crime offenses aggregated under subsection (b) of this section are punishable as follows:

(1)        If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds one thousand five hundred dollars ($1,500), then the aggregated offenses shall be punished as one Class H felony.

(2)        If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds twenty thousand dollars ($20,000), then the aggregated offense shall be punished as one Class G felony.

(3)        If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds fifty thousand dollars ($50,000), then the aggregated offenses shall be punished as one Class F felony.

(4)        If the aggregated value of the money, goods, property, services, chose in action, or other thing of value exceeds one hundred thousand dollars ($100,000), then the aggregated offense shall be punished as one Class C felony.

SECTION 4.  G.S. 8C‑1, Rule 803, reads as rewritten:

Rule 803.  Hearsay exceptions; availability of declarant immaterial.

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

…

(6)        Records of Regularly Conducted Activity. – A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if (i) kept in the course of a regularly conducted business activity and (ii) it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by affidavit or by document under seal under Rule 902 of the Rules of Evidence made by the custodian or witness, or by a certification that complies with 28 U.S.C. § 1746 made by the custodian or witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. Authentication of evidence by affidavit shall be confined to the records of nonparties, and the proponent of that evidence shall give advance notice to all other parties of intent to offer the evidence with authentication by affidavit. The term business as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

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SECTION 5.(a)  G.S. 115C‑81.45 is amended by adding a new subsection to read:

(e)      Civic Youth Group Presentations. –

(1)        The following definitions apply in this subsection:

a.         Civic focus week. – Either of the following:

1.         The week of Patriot's Day, September 11, as established by 36 U.S.C. § 144.

2.         The week of Constitution Day, September 17, as established by 36 U.S.C. § 106.

b.         Civic youth group. – One of the following youth membership organizations located in North Carolina whose purpose includes the promotion of civic and citizenship education as required by the standard course of study among elementary, middle, and high school students:

1.         Big Brothers Big Sisters of America.

2.         Boy Scouts of America.

3.         Boys and Girls Clubs of America.

4.         Future Farmers of America.

5.         Girl Scouts of the United States of America.

(2)        Local boards of education shall provide opportunities in each school within the local school administrative unit for civic youth groups to address students during a civic focus week that allow those groups to address how involvement can further students' educational interests and civic participation to improve their schools, communities, and themselves.

(3)        A civic youth group must provide 30 days written notice to the principal of a school of the group's interest in addressing students during a civic focus week. The principal shall provide written approval indicating the specific date and time during the civic focus week for the civic youth group to address the students and the location where the address may occur. The civic youth group shall be provided at least 10 minutes during the instructional day to address students.

(4)        The principal of each school may designate a single event to observe a civic focus week when all civic youth groups may address students, with time allocated equally among the requesting civic youth groups. For an event designated under this subdivision, a principal is not required to:

a.         Allocate more than 50 minutes to the event.

b.         Allow a civic youth group to speak more than once each school year.

SECTION 5.(b)  G.S. 115C‑218.75 is amended by adding a new subsection to read:

(n)      Charter schools shall provide opportunities for civic youth groups to address students during a civic focus week in accordance with the provisions of G.S. 115C‑81.45(e).

SECTION 5.(c)  G.S. 115C‑238.66 is amended by adding a new subdivision to read:

(22)    Civic youth groups. – Regional schools shall provide opportunities for civic youth groups to address students during a civic focus week in accordance with the provisions of G.S. 115C‑81.45(e).

SECTION 5.(d)  G.S. 116‑239.8(b) is amended by adding a new subdivision to read:

(25)    Civic youth groups. – Laboratory schools shall provide opportunities for civic youth groups to address students during a civic focus week in accordance with the provisions of G.S. 115C‑81.45(e).

SECTION 5.(e)  This section is effective when it becomes law and applies beginning with the 2024‑2025 school year.

SECTION 6.  Part 1 of Article 9 of Chapter 160D of the General Statutes is amended by adding a new section to read:

§ 160D‑912.1.  On‑premises advertisements.

(a)        As used in this section, the following definitions apply:

(1)        Nonconforming sign. – An on‑premises advertisement that was lawfully installed but which does not comply with current ordinances or regulations.

(2)        On‑premises advertisement. – A sign identifying or advertising a business, person, activity, goods, products, or services located on the premises where the sign is installed and maintained.

(b)        A local government may not enact or amend an ordinance of general applicability to require the owner of a nonconforming sign to bring the sign into compliance with current regulations without doing one of the following:

(1)        Paying monetary compensation to the owner of the nonconforming sign. Upon payment of monetary compensation for the sign, the local government shall own the sign and remove it at a time mutually agreed upon by the owner of the sign and the local government.

(2)        Reimburse the owner an amount equal to the difference of the fair market value of the nonconforming sign and the reasonable cost to bring the sign into compliance. Upon being reimbursed, the owner of the nonconforming sign shall bring the sign into compliance with the current regulations in a timely manner.

(c)        Monetary compensation is the fair market value of the nonconforming sign in place immediately prior to its removal and without consideration of the effect of the ordinance or any diminution in value caused by the ordinance requiring its removal. Monetary compensation shall be determined using the factors listed in G.S. 105‑317.1(a).

(d)       Monetary compensation or reimbursement is not required under this section for any of the following:

(1)        The local government and the owner of the nonconforming sign enter into a voluntary agreement allowing for the removal of the sign after a set period of time in lieu of monetary compensation. A local government may adopt an ordinance or resolution providing for a relocation, reconstruction, or removal agreement.

(2)        The nonconforming sign is determined to be a public nuisance or detrimental to the health or safety of the populace.

(3)        The removal of the nonconforming sign is required for opening, widening, extending, or improving streets or sidewalks, or for establishing, extending, enlarging, or improving any of the public enterprises listed in G.S. 160A‑311, and the local government allows the nonconforming sign to be relocated to a comparable location.

(4)        The nonconforming sign is subject to removal pursuant to statutes, ordinances, or regulations generally applicable to the demolition or removal of damaged structures.

(e)        If the local government and the owner of the nonconforming sign are unable to agree on the monetary compensation or reimbursement, then the local government may bring an action in superior court for a determination of the monetary compensation or reimbursement to be paid. In determining monetary compensation, the court shall consider the factors set forth in subsection (c) of this section.

(f)        The provisions of this section shall not be used to interpret, construe, alter, or otherwise modify the exercise of the power of eminent domain by an entity pursuant to Chapter 40A of the General Statutes.

SECTION 7.  Sections 1 through 3 of this act become effective December 1, 2023, and apply to offenses committed on or after that date. Section 4 of this act becomes effective December 1, 2023. Except as otherwise provided, the remainder of this act is effective when it becomes law.