North Carolina 2025-2026 Regular Session

North Carolina House Bill H22 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 2
	3	+	H 1
4	4		HOUSE BILL 22
5		-	~~Committee Substitute Favorable 3/11/25~~
	5	+
6	6
7	7		Short Title: Fire Investigation Law Revisions. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Representatives Miller and Pyrtle (Primary Sponsors).
	9	+	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
	10	+	Referred to: Rules, Calendar, and Operations of the House
10	11		January 30, 2025
11		-	H22-v-2
	12	+	H22-v-1
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO EXPAND THE INVESTIGATORY POWER S OF THE OFFICE OF THE STATE 2
14	15		FIRE MARSHAL WITH RESPECT TO CERTAIN FIRE INVESTIGATIONS. 3
15	16		The General Assembly of North Carolina enacts: 4
16	17		SECTION 1. Article 79 of Chapter 58 of the General Statutes reads as rewritten: 5
17	18		"Article 79. 6
18	19		"Investigation of Fires and Inspection of Premises. 7
19		-	"§ 58-79-1. Fires investigated; reports; records.~~investigated.~~ 8
	20	+	"§ 58-79-1. Fires investigated; reports; records. 8
20	21		The Director of the State Bureau of Investigation, through the State Bureau of Investigation, 9
21	22		the Office of the State Fire Marshal, and the chief of the fire department, or chief of police where 10
22	23		there is no chief of the fire department, in municipalities and towns, and the county fire marshal 11
23	24		and the sheriff of the county and the chief of the rural fire department where such fire occurs 12
24	25		outside of a municipality, are hereby authorized to investigate the cause, origin, and 13
25	26		circumstances of every fire occurring in such municipalities or counties in which property has 14
26	27		been destroyed or damaged, and shall specially make investigation whether the fire was the result 15
27	28		of carelessness or design. A preliminary investigation shall be made by the chief of fire 16
28	29		department or chief of police, where there is no chief of fire department in municipalities, and by 17
29	30		the county fire marshal and the sheriff of the county or the chief of the rural fire department 18
30	31		where such fire occurs outside of a municipality, and must be begun within three days, exclusive 19
31		-	of Sunday, of the occurrence of the fire, and ~~both~~ the Director of the State Bureau of 20
32		-	Investigation, through the State Bureau of Investigation, ~~and~~ the State Fire Marshal, through the 21
	32	+	of Sunday, of the occurrence of the fire, and either the Director of the State Bureau of 20
	33	+	Investigation, through the State Bureau of Investigation, or the State Fire Marshal, through the 21
33	34		Office of the State Fire Marshal, shall have the right to supervise and direct the investigation 22
34	35		when he deems it expedient or necessary.as determined by the official who conducts the 23
35	36		preliminary investigation. If the official who conducts the preliminary investigation requests 24
36	37		investigative assistance from a State agency, the Director of the State Bureau of Investigation, 25
37	38		through the State Bureau of Investigation, shall have the exclusive right to supervise and direct 26
38	39		investigations in cases involving death or serious bodily injury, first- or second-degree arson, 27
39	40		buildings owned or occupied by State or local government, and buildings owned or leased by 28
40	41		educational institutions, churches, or religious buildings. 29
41	42		The officer making the investigation of fires shall forthwith notify the Director of the State 30
42	43		Bureau of Investigation, and must within one week of the occurrence of the fire furnish to the 31
43	44		Director of the State Bureau of Investigation a written statement of all facts relating to the cause 32
44	45		and origin of the fire, the kind, value and ownership of the property destroyed, and such other 33
45	46		information as is called for by the forms provided by the Director of the State Bureau of 34
46		-	Investigation. Departments capable of submitting the required information by the utilization of 35
47		-	~~computers and related equipment, by means of an approved format of standard punch cards, 36 General Assembly Of North Carolina Session 2025~~
48		-	~~Page 2 House Bill 22-Second~~ ~~Edition~~
49		-	magnetic tapes or an approved telecommunications system, may do so in lieu of the submission 1
50		-	of the written statement as provided for in this section. The Director of the State Bureau of 2
51		-	Investigation shall keep in his office a record of all reports submitted pursuant to this section. 3
52		-	These reports shall at all times be open to public inspection. 4
53		-	"§ 58-79-5. Director of the State Bureau of Investigation and the State Fire Marshal to 5
54		-	make examination; arrests and prosecution. 6
55		-	It is the duty of the Director of the State Bureau of Investigation and the State Fire Marshal 7
56		-	to examine, or cause examination to be made, into the cause, circumstances, and origin of all 8
57		-	fires occurring within the State to which his their attention has been called in accordance with 9
58		-	the provisions of G.S. 58-79-1, or by interested parties, by which property is accidentally or 10
59		-	unlawfully burned, destroyed, or damaged, whenever in his their judgment the evidence is 11
60		-	sufficient, and to specially examine and decide whether the fire was the result of carelessness or 12
61		-	the act of an incendiary. The Director of the State Bureau of Investigation and the State Fire 13
62		-	Marshal shall, in person, by deputy or otherwise, fully investigate all circumstances surrounding 14
63		-	such fire, and, when in his their opinion such proceedings are necessary, take or cause to be taken 15
64		-	the testimony on oath of all persons supposed to be cognizant of any facts or to have means of 16
65		-	knowledge in relation to the matters as to which an examination is herein required to be made, 17
66		-	and shall cause the same to be reduced in writing. If the Director of the State Bureau of 18
67		-	Investigation Investigation, the State Fire Marshal, or any deputy appointed to conduct such 19
68		-	investigations, is investigations is of the opinion that there is evidence to charge any person or 20
69		-	persons with the crime of arson, or other willful burning, or fraud in connection with the crime 21
70		-	of arson or other willful burning, he the Director may arrest with warrant or cause such person 22
71		-	or persons to be arrested, charged with such offense, and prosecuted, and shall furnish to the 23
72		-	district attorney of the district all such evidence, together with the names of witnesses and all 24
73		-	other information obtained by him, obtained, including a copy of all pertinent and material 25
74		-	testimony taken in the case. 26
75		-	"§ 58-79-10. Powers of the Director of the State Bureau of Investigation and the State Fire 27
76		-	Marshal in investigations. 28
77		-	The Director of the State Bureau of Investigation, the State Fire Marshal, or his deputy their 29
78		-	deputies appointed to conduct such examination, has have the powers of a trial justice for the 30
79		-	purpose of summoning and compelling the attendance of witnesses to testify in relation to any 31
80		-	matter which is by provisions of this Article a subject of inquiry and investigation, and may 32
81		-	administer oaths and affirmations to persons appearing as witnesses before them. False swearing 33
82		-	in any such matter or proceeding is perjury and shall be punished as such. The Director of the 34
83		-	State Bureau of Investigation Investigation, the State Fire Marshal, or his deputy has their 35
84		-	deputies have authority at all times of the day or night, in performance of the duties imposed by 36
85		-	the provisions of this Article, to enter upon and examine any building or premises where any fire 37
86		-	has occurred, and other buildings and premises adjoining or near the same. All investigations 38
87		-	held by or under the direction of the Director of the State Bureau of Investigation Investigation, 39
88		-	the State Fire Marshal, or his deputy their deputies may, in their discretion, be private, and 40
89		-	persons other than those required to be present by the provisions of this Article may be excluded 41
90		-	from the place where the investigation is held, and witnesses may be kept apart from each other 42
91		-	and not allowed to communicate with each other until they have been examined. 43
92		-	"§ 58-79-15. Failure to comply with summons or subpoena. 44
93		-	The failure of a person to comply with a summons or subpoena of the Director of the State 45
94		-	Bureau of Investigation Investigation, the State Fire Marshal, or his deputy their deputies under 46
95		-	G.S. 58-79-10 shall be brought before a court of record and punished as for contempt in the same 47
96		-	manner as if he the person had failed to appear and testify before said court of record. 48
97		-	… 49
98		-	"§ 58-79-40. Insurance company to furnish information. 50 General Assembly Of North Carolina Session 2025
99		-	House Bill 22-~~Second~~ Edition Page 3
	47	+	Investigation. Departments capable of submitting the required information by the utilization of 35 General Assembly Of North Carolina Session 2025
	48	+	Page 2 House Bill 22-First Edition
	49	+	computers and related equipment, by means of an approved format of standard punch cards, 1
	50	+	magnetic tapes or an approved telecommunications system, may do so in lieu of the submission 2
	51	+	of the written statement as provided for in this section. The Director of the State Bureau of 3
	52	+	Investigation shall keep in his office a record of all reports submitted pursuant to this section. 4
	53	+	These reports shall at all times be open to public inspection. 5
	54	+	"§ 58-79-5. Director of the State Bureau of Investigation and the State Fire Marshal to 6
	55	+	make examination; arrests and prosecution. 7
	56	+	It is the duty of the Director of the State Bureau of Investigation and the State Fire Marshal 8
	57	+	to examine, or cause examination to be made, into the cause, circumstances, and origin of all 9
	58	+	fires occurring within the State to which his their attention has been called in accordance with 10
	59	+	the provisions of G.S. 58-79-1, or by interested parties, by which property is accidentally or 11
	60	+	unlawfully burned, destroyed, or damaged, whenever in his their judgment the evidence is 12
	61	+	sufficient, and to specially examine and decide whether the fire was the result of carelessness or 13
	62	+	the act of an incendiary. The Director of the State Bureau of Investigation and the State Fire 14
	63	+	Marshal shall, in person, by deputy or otherwise, fully investigate all circumstances surrounding 15
	64	+	such fire, and, when in his their opinion such proceedings are necessary, take or cause to be taken 16
	65	+	the testimony on oath of all persons supposed to be cognizant of any facts or to have means of 17
	66	+	knowledge in relation to the matters as to which an examination is herein required to be made, 18
	67	+	and shall cause the same to be reduced in writing. If the Director of the State Bureau of 19
	68	+	Investigation Investigation, the State Fire Marshal, or any deputy appointed to conduct such 20
	69	+	investigations, is investigations is of the opinion that there is evidence to charge any person or 21
	70	+	persons with the crime of arson, or other willful burning, or fraud in connection with the crime 22
	71	+	of arson or other willful burning, he the Director may arrest with warrant or cause such person 23
	72	+	or persons to be arrested, charged with such offense, and prosecuted, and shall furnish to the 24
	73	+	district attorney of the district all such evidence, together with the names of witnesses and all 25
	74	+	other information obtained by him, obtained, including a copy of all pertinent and material 26
	75	+	testimony taken in the case. 27
	76	+	"§ 58-79-10. Powers of the Director of the State Bureau of Investigation and the State Fire 28
	77	+	Marshal in investigations. 29
	78	+	The Director of the State Bureau of Investigation, the State Fire Marshal, or his deputy their 30
	79	+	deputies appointed to conduct such examination, has have the powers of a trial justice for the 31
	80	+	purpose of summoning and compelling the attendance of witnesses to testify in relation to any 32
	81	+	matter which is by provisions of this Article a subject of inquiry and investigation, and may 33
	82	+	administer oaths and affirmations to persons appearing as witnesses before them. False swearing 34
	83	+	in any such matter or proceeding is perjury and shall be punished as such. The Director of the 35
	84	+	State Bureau of Investigation Investigation, the State Fire Marshal, or his deputy has their 36
	85	+	deputies have authority at all times of the day or night, in performance of the duties imposed by 37
	86	+	the provisions of this Article, to enter upon and examine any building or premises where any fire 38
	87	+	has occurred, and other buildings and premises adjoining or near the same. All investigations 39
	88	+	held by or under the direction of the Director of the State Bureau of Investigation Investigation, 40
	89	+	the State Fire Marshal, or his deputy their deputies may, in their discretion, be private, and 41
	90	+	persons other than those required to be present by the provisions of this Article may be excluded 42
	91	+	from the place where the investigation is held, and witnesses may be kept apart from each other 43
	92	+	and not allowed to communicate with each other until they have been examined. 44
	93	+	"§ 58-79-15. Failure to comply with summons or subpoena. 45
	94	+	The failure of a person to comply with a summons or subpoena of the Director of the State 46
	95	+	Bureau of Investigation Investigation, the State Fire Marshal, or his deputy their deputies under 47
	96	+	G.S. 58-79-10 shall be brought before a court of record and punished as for contempt in the same 48
	97	+	manner as if he the person had failed to appear and testify before said court of record. 49
	98	+	… 50
	99	+	"§ 58-79-40. Insurance company to furnish information. 51 General Assembly Of North Carolina Session 2025
	100	+	House Bill 22-First Edition Page 3
100	101		(a) The chief of any municipal fire or police department, county fire marshal or sheriff, 1
101	102		or special agent of the State Bureau of Investigation or the Office of the State Fire Marshal may 2
102	103		request any insurance company investigating a fire loss of real or personal property to release 3
103	104		any information in its possession relative to that loss. The company shall release the information 4
104	105		and cooperate with any official authorized to request such information pursuant to this section. 5
105	106		The information shall include, but is not limited to: 6
106	107		(1) Any insurance policy relevant to a fire loss under investigation and any 7
107	108		application for such a policy; 8
108	109		(2) Policy premium payment records; 9
109	110		(3) History of previous claims made by the insured for fire loss; 10
110	111		(4) Material relating to the investigation of the loss, including statements of any 11
111	112		person, proof of loss, and any other relevant evidence. 12
112	113		(b) If an insurance company (or insurance agency) has reason to suspect that a fire loss 13
113	114		to its insured's real or personal property was caused by incendiary means, the company shall 14
114	115		furnish the State Bureau of Investigation or the Office of the State Fire Marshal with all relevant 15
115	116		material acquired during its investigation of the fire loss, cooperate with and take such action as 16
116	117		may be requested of it by any law-enforcement agency, and permit any person ordered by a court 17
117	118		to inspect any of its records pertaining to the policy and the loss. 18
118	119		(c) In the absence of fraud or malice, no insurance company (or insurance agency), or 19
119	120		person who furnishes information on its behalf, shall be liable for damages in a civil action or 20
120	121		subject to criminal prosecution for any oral or written statement made or any other action that is 21
121	122		necessary to supply information required pursuant to this section. 22
122	123		(d) The officials and departmental and agency personnel receiving any information 23
123	124		furnished pursuant to this section shall hold the information in confidence until such time as its 24
124	125		release is required pursuant to a criminal or civil proceeding. 25
125	126		(e) Any official referred to in subsection (a) of this section may be required to testify as 26
126		-	to any information in his ~~the official's~~ possession regarding the fire loss of real or personal 27
127		-	~~property in any~~ civil action in which any person seeks recovery under a policy against an 28
128		-	~~insurance company for~~ the fire loss. 29
	127	+	to any information in his possession regarding the fire loss of real or personal property in any 27
	128	+	civil action in which any person seeks recovery under a policy against an insurance company for 28
	129	+	the fire loss. 29
129	130		…." 30
130	131		SECTION 2. This act becomes effective October 1, 2025. 31