GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                   2

HOUSE BILL 371

Committee Substitute Favorable 4/22/15

 

Short Title:        Terror Claims/Damages/Liability for Support.		(Public)
Sponsors:
Referred to:

March 30, 2015

A BILL TO BE ENTITLED

AN ACT creating a civil claim for relief for damages sustained as the result of terrorist acts.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 43 of Chapter 1 of the General Statutes is amended by adding a new section to read:

"§ 1‑539.2D.  Civil liability for acts of terror.

(a)        The following definitions apply in this section:

(1)        Act of terror. – An activity with all of the following characteristics:

a.         Involves violent acts or acts dangerous to human life that violate federal or State law.

b.         Appears to be intended (i) to intimidate or coerce a civilian population, (ii) to influence the policy of a government by intimidation or coercion, or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.

c.         Occurs primarily within this State.

(2)        Terrorist. – A person who commits an act of terror, including a person who acts as an accessory before or after the fact, aids or abets, solicits, or conspires to commit an act of terror or who lends material support to an act of terror.

(b)        Any person whose property or person is injured by a terrorist may sue for and recover damages from the terrorist.

(c)        Any person who files an action under this section is entitled to recover three times the actual damages sustained or ten thousand dollars ($10,000), whichever is greater, as well as court costs and attorneys' fees in the trial and appellate courts if the person prevails in the claim.

(d)        The rights and remedies provided by this section are in addition to any other rights and remedies provided by law.

(e)        The limitations period for a claim under this section is five years from the date of the injury."

SECTION 2.  G.S. 14‑10.1 is amended by adding a new subsection to read:

"(e)       Any person whose property or person is injured by reason of a violation of this section may sue for and recover treble damages, costs, and attorneys' fees pursuant to G.S. 1‑539.2D."

SECTION 3.  This act becomes effective October 1, 2015, and applies to acts committed on or after that date.