A BILL TO BE ENTITLED
AN ACT to increase the punishment for committing larceny of timber.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑135 reads as rewritten:
"§ 14‑135.  Larceny of timber.
(a)	Offense. – A person commits the offense of larceny of timber if the person does any of the following:
(1)	Knowingly and willfully cuts down, injures, or removes any timber owned by another person.
(2)	Buys timber directly from the owner of the land on which the timber is grown and fails to make payment in full to the owner by (i) the date specified in the written timber sales agreement or (ii) if there is no agreement, 60 days from the date that the buyer removes the timber from the property.
(b)	Exceptions. – A person is not guilty of an offense under subdivision (2) of subsection (a) of this section if (i) the person remits payment in full within the time period set in subdivision (2) of subsection (a) of this section to a person he or she believes in good faith to be the rightful owner of the timber or (ii) remits payment in full to the owner of the land within the 10‑day period set forth in subsection (c) of this section.
(c)	Prima Facie Evidence. – An owner of land who does not receive payment in full within the time period set in subdivision (2) of subsection (a) of this section may notify the timber buyer in writing of the owner's demand for payment at the timber buyer's last known address by certified mail or by personal delivery. The timber buyer's failure to make payment in full within 10 days after the mailing or personal delivery authorized under this subsection shall constitute prima facie evidence of the timber buyer's intent to commit an offense under subdivision (2) of subsection (a) of this section.
(d)	Penalty; Restitution. – A person who commits an offense under subsection (a) of this section is guilty of a Class G felony. Additionally, a defendant convicted of an offense under subsection (a) of this section shall be ordered to make restitution to the timber owner in an amount equal to three times the value of the timber (i) cut down, injured, or removed in violation of subdivision (1) of subsection (a) of this section or (ii) bought but not paid for in violation of subdivision (2) of subsection (a) of this section.
(e)	Civil Remedies. – Nothing in this section shall affect any civil remedies available for a violation of subsection (a) of this section."
SECTION 2.  G.S. 1‑539.1 reads as rewritten:
"§ 1‑539.1.  Damages for unlawful cutting, removal or burning of timber; misrepresentation of property lines.
(a)	Any person, firm or corporation not being the bona fide owner thereof or agent of the owner who shall without the consent and permission of the bona fide owner enter upon the land of another and injure, cut or remove any valuable wood, timber, shrub or tree therefrom, shall be liable to the owner of said land for triple the value of such wood, timber, shrubs or trees so injured, cut or removed.
(b)	If any person, firm or corporation shall willfully and intentionally set on fire, or cause to be set on fire, in any manner whatever, any valuable wood, timber or trees on the lands of another, such person, firm or corporation shall be liable to the owner of said lands for triple the value of such wood, timber or trees damaged or destroyed thereby.
…."
SECTION 3.  G.S. 1‑539.2B reads as rewritten:
"§ 1‑539.2B.  Triple damages for injury to agricultural commodities or production systems; define value of agricultural commodities grown for educational, testing, or research purposes.
(a)	Any person who unlawfully and willfully injures or destroys any other person's agricultural commodities or production system is liable to the owner for triple the value of the commodities or production system injured or destroyed.
…."
SECTION 4.  G.S. 106‑897 reads as rewritten:
"§ 106‑897.  Forest laws defined.
The forest laws consist of:
(1)	G.S. 14‑135 to G.S. 14‑140;
…."
SECTION 5.  Sections 1 and 4 of this act become effective December 1, 2019, and apply to offenses committed on or after that date. Sections 2 and 3 of this act become effective December 1, 2019, and apply to civil actions filed on or after that date. The remainder of this act becomes effective December 1, 2019.