GENERAL ASSEMBLY OF NORTH CAROLINA

 

SESSION 1991

 

H                                                                                                                                                       1

 

HOUSE BILL 508

 

 

 

 

Short Title:  Felony to Fortify Drug House.                                                                     (Public)

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Sponsors: Representatives Huffman; Bowman, Ligon, and Wilson.

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Referred to:  Judiciary III.

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April 1, 1991

 

A BILL TO BE ENTITLED

AN ACT TO CREATE THE FELONY OFFENSE OF FORTIFYING A STRUCTURE USED FOR THE ILLEGAL SALE, DELIVERY, MANUFACTURE, OR POSSESSION OF A CONTROLED SUBSTANCE FOR THE PURPOSE OF SUPPRESSING OR IMPEDING LAW ENFORCEMENT ENTRY.

The General Assembly of North Carolina enacts:

Section 1.  Article 5 of Chapter 90 of the General Statutes is amended by adding a new section to read:

"§ 90-97.1.  Fortification of structure used to illegally manufacture, sell, deliver, or possess a controlled substance.

(a)       It is unlawful for any person to fortify a structure in which a controlled substance is, or is intended to be manufactured, sold, delivered, or possessed by that person in violation of this Article in such a way as to suppress or impede law enforcement entry.  A violation of this subsection shall be a Class I felony.

(b)       As used in this section:

(1)       'Booby trap' means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any person making contact with the device or a tripping mechanism;

(2)       'Fortify' includes but is not limited to, installing booby traps, alarm or surveillance systems, high-security fencing, barricading window or doors, maintenance attack dogs, or similar measures to impede entry into a structure;

(3)       'Structure' means any building, shed, or outbuilding, or part hereof, whether abandoned or occupied, whether complete or under construction, and whether used or intended for use for residential, commercial, office, storage, or public purposes."

Sec. 2.  This act becomes effective October 1, 1991, and applies to offenses occurring on or after that date.