North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S220 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 2
	3	+	S 1
4	4		SENATE BILL 220
5		-	~~Agriculture, Energy, and Environment Committee Substitute Adopted 4/8/25~~
	5	+
6	6
7	7		Short Title: Protect Private Property Rights.-AB (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Senators Rabon, McInnis, and Britt (Primary Sponsors).
	9	+	Referred to: Rules and Operations of the Senate
10	10		March 17, 2025
11		-	S220 -v-2
	11	+	S220 -v-1
12	12		A BILL TO BE ENTITLED 1
13	13		AN ACT TO REVISE THE LAWS PERTAINING TO TRESPASS UPON PROPER TY TO 2
14	14		HUNT, FISH, OR TRAP, AS RECOMMENDED BY T HE WILDLIFE RESOURCE S 3
15	15		COMMISSION. 4
16	16		The General Assembly of North Carolina enacts: 5
17	17		SECTION 1.(a) The title of Article 22A of Chapter 14 of the General Statutes reads 6
18	18		as rewritten: 7
19	19		"Trespassing Upon "Posted" and "Unposted" Property to Hunt, Fish, Trap, or Remove Pine 8
20	20		Needles/Straw." 9
21	21		SECTION 1.(b) G.S. 14-159.6 reads as rewritten: 10
22	22		"§ 14-159.6. Trespass for purposes of hunting, etc., without written consent a 11
23	23		misdemeanor; defense. 12
24	24		(a) Any person who willfully goes on the land, waters, ponds, or a legally established 13
25	25		waterfowl blind of another that has been posted in accordance with the provisions of 14
26	26		G.S. 14-159.7, to access public trust waters from land, hunt, fish or trap without written 15
27	27		permission of the landowner, lessee, or his agent shall be the property owner or a lessee or agent 16
28	28		of the property owner is guilty of a Class 2 misdemeanor. Written permission shall be carried on 17
29	29		one's person, signed by the landowner, lessee, or agent, and dated within the last 12 months. The 18
30	30		written permission shall be displayed upon request of any law enforcement officer of the Wildlife 19
31	31		Resources Commission, sheriff or deputy sheriff, or other law enforcement officer with general 20
32	32		subject matter jurisdiction. A person shall have written permission for purposes of this section if 21
33	33		a landowner, lessee, or agent has granted permission to a club to hunt, fish, or trap on the land 22
34	34		and the person is carrying both a current membership card demonstrating the person's 23
35	35		membership in the club and a copy of written permission granted to the club that complies with 24
36	36		the requirements of this section. 25
37	37		(a1) Any person who willfully goes on the land, waters, ponds, or a legally established 26
38	38		waterfowl blind of another that is not posted in accordance with the provisions of G.S. 14-159.7 27
39	39		to access public trust waters from land, hunt, fish, or trap without written permission from the 28
40	40		property owner or a lessee or agent of the property owner is guilty of a Class 3 misdemeanor. 29
41	41		(b) Any person who willfully goes on the land of another that has been posted in 30
42	42		accordance with the provisions of G.S. 14-159.7(1), to rake or remove pine needles or pine straw 31
43	43		without the written consent permission of the owner or his the owner's agent shall be guilty of a 32
44	44		Class 1 misdemeanor. 33
45	45		(b1) For purposes of demonstrating compliance with subsections (a), (a1), and (b) of this 34
46	46		section, written permission must be (i) carried on one's person, signed by the landowner, lessee, 35
47	47		or agent, and dated within the last 12 months and (ii) displayed upon request of any law 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 220-~~Second~~ Edition
	48	+	Page 2 Senate Bill 220-First Edition
49	49		enforcement officer of the Wildlife Resources Commission, sheriff or deputy sheriff, or other 1
50	50		law enforcement officer with general subject matter jurisdiction. A person shall also be 2
51	51		considered to have written permission for purposes of this section if a landowner, lessee, or agent 3
52	52		has granted permission to a club to access public trust waters, hunt, fish, or trap on the land and 4
53	53		the person is carrying both a current membership card demonstrating the person's membership in 5
54	54		the club and a copy of written permission granted to the club that complies with the applicable 6
55	55		requirements of this subsection. 7
56	56		(c) It is an affirmative defense to a prosecution under subsection (a) or (b) (a), (a1), or 8
57	57		(b) of this section that the person had in fact obtained prior written permission of the owner, 9
58	58		lessee, or agent as required by those subsections but did not have on his or her person valid 10
59	59		written permission at the time of citation or arrest." 11
60	60		SECTION 2. G.S. 113-276.3 reads as rewritten: 12
61	61		"§ 113-276.3. Mandatory suspension of entitlement to license or permit for fixed period 13
62	62		upon conviction of specified offenses. 14
63	63		(a) Upon conviction of a suspension offense under this section, the defendant's 15
64	64		entitlement to any license or permit applicable to the type of activity the defendant was engaging 16
65	65		in that resulted in the conviction is suspended for the period stated in subsection (d) or (f) of this 17
66	66		section. The period of suspension begins: 18
67	67		(1) Upon the surrender to an authorized agent of the Wildlife Resources 19
68	68		Commission of all applicable licenses and permits; or 20
69	69		(2) If no licenses or permits are possessed, the defendant fails or refuses to 21
70	70		surrender all licenses or permits, or any license or permit is lost or destroyed, 22
71	71		upon the Executive Director's placing in the mail the notification required by 23
72	72		subsection (c). 24
73	73		… 25
74	74		(d) Any violation of this Subchapter or of any rule adopted by the Wildlife Resources 26
75	75		Commission under the authority of this Subchapter which is subject to a penalty greater than the 27
76	76		one provided in G.S. 113-135(a)(1) is a suspension offense. offense with a conviction resulting 28
77	77		in a suspension for a period of one year. Conviction of any of the following suspension offenses 29
78	78		results in a suspension for a period of two years: 30
79	79		(1) A violation of G.S. 113-294(b). 31
80	80		(2) A violation of G.S. 113-294(c). 32
81	81		(2a) A violation of G.S. 113-294(c1). 33
82	82		(3) A violation of G.S. 113-294(e). 34
83	83		(4) Repealed by Session Laws 1999-120, s. 2, effective October 1, 1999. 35
84	84		(5) A violation of G.S. 113-291.1A. 36
85	85		(6) A third or subsequent violation of G.S. 14-159.6(a). 37
86	86		A conviction of any other suspension offense results in a suspension for a period of one year. 38
87	87		(e) Unless otherwise provided in the judgment, any action by a court under G.S. 113-277 39
88	88		to suspend entitlement to a license or permit or to suspend or revoke a license or permit 40
89	89		supersedes any suspension of entitlement to a license or permit mandated by this section. If the 41
90	90		judgment of the court after a conviction for suspension offense does not include any suspension 42
91	91		or revocation action, the provisions of this section apply. 43
92	92		(f) Conviction of a second violation of G.S. 113-294(s) results in a suspension for a 44
93	93		period of one year. Conviction of a third violation of G.S. 113-294(s) results in a permanent 45
94	94		revocation." 46
95	95		SECTION 3. G.S. 113-294 reads as rewritten: 47
96	96		"§ 113-294. Specific violations. 48
97	97		… 49 General Assembly Of North Carolina Session 2025
98		-	Senate Bill 220-~~Second~~ Edition Page 3
	98	+	Senate Bill 220-First Edition Page 3
99	99		(d) Any person who unlawfully takes, possesses, or transports any deer is guilty of a Class 1
100	100		3 misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250.00) in 2
101	101		addition to such other punishment prescribed for the offense in question. 3
102	102		(d1) Any person who unlawfully takes, possesses, or transports any deer from land that 4
103	103		has been posted in accordance with the provisions of G.S. 14-159.7 without written permission 5
104	104		of the landowner, lessee, or the agent of the landowner or lessee violates any provision of 6
105	105		G.S. 14-159.6(a) is guilty of a Class 2 misdemeanor, punishable by a fine of not less than five 7
106	106		hundred dollars ($500.00).one thousand dollars ($1,000). 8
107	107		(d2) Any person who violates any provision of G.S. 14-159.6(a1) a second or subsequent 9
108	108		time within a three-year period is guilty of a Class 2 misdemeanor. 10
109	109		(e) Any person who unlawfully takes deer between a half hour after sunset and a half 11
110	110		hour before sunrise with the aid of an artificial light is guilty of a Class 2 misdemeanor, 12
111	111		punishable by a fine of not less than five hundred dollars ($500.00) in addition to such other 13
112	112		punishment prescribed for the offense in question. 14
113	113		…." 15
114		-	SECTION 4. This act becomes effective October 1, 2025, and applies to offenses 16
115		-	committed on or after that date. 17
	114	+	SECTION 4. Article 36 of Chapter 14 of the General Statutes is amended by adding 16
	115	+	a new section to read: 17
	116	+	"§ 14-280.4. Launching watercraft from right-of-way. 18
	117	+	Any person who willfully launches any motorized or unmotorized watercraft from the 19
	118	+	right-of-way of a public highway or street into a body of water adjacent to the right-of-way, 20
	119	+	except in public areas designated for boating access, is guilty of a Class 3 misdemeanor." 21
	120	+	SECTION 5. This act becomes effective October 1, 2025, and applies to offenses 22
	121	+	committed on or after that date. 23