HB 55 — Fire Investigation Law Revisions.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 21 HOUSE BILL 55 Committee Substitute Favorable 4/19/23 Short Title:

Representatives Clampitt and Loftis (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 2, if favorable, State Government, if favorable, Rules, Calendar, and Operations of the House February 7, 2023 A BILL TO BE ENTITLED AN ACT TO EXPAND THE INVESTIGATORY POWERS OF THE OFFICE OF THE STATE FIRE MARSHAL WITH RESPECT TO CERTAIN FIRE INVESTIGATIONS.

The Director of the State Bureau of Investigation, through the State Bureau of Investigation, the Commissioner of Insurance, through the Office of the State Fire Marshal, the State Bureau of Investigation, and the chief of the fire department, or chief of police where there is no chief of the fire department, in municipalities and towns, and the county fire marshal and the sheriff of the county and the chief of the rural fire department where such fire occurs outside of a municipality, are hereby authorized to investigate the cause, origin, and circumstances of every fire occurring in such municipalities or counties in which property has been destroyed or damaged, and shall specially make investigation whether the fire was the result of carelessness or design.

A preliminaryinvestigationpreliminary investigation shall be made bytheby the chief of fire department or chief of police, wherewherethereis there is no chiefchiefof offiredepartment fireinmunicipalities,andbythecountyfiremarshal department in municipalities, and by the county fire marshal and the sheriff of the county or the chief of the rural fire department where such fire occurs outside of a municipality, and must be begun within three days, exclusive of Sunday, of the occurrence of the fire, and either the Director of the State Bureau of Investigation, through the State Bureau of Investigation, or the Commissioner of Insurance, through the Office of the State Fire Marshal, shall have the right to supervise and direct the investigation when he deemsthe itCommissioner expedient or necessary.asDirector determineddeems byit theexpedient officialor whonecessary. conducts the preliminary investigation.

IfIn thea officialcase whoinvolving conductsdeath theor preliminaryserious investigationbodily requestsinjury, investigative assistance from a State agency, the Director of the State Bureau of Investigation,Investigation through the State Bureau of Investigation, shall have the exclusive right to supervise and direct investigationsthe ininvestigation. cases involving death or serious bodily injury, first- or second-degree arson, buildings owned or occupied by State or local government, and buildings owned or leased by educational institutions, churches, or religious buildings.

Departments capable of submitting the required information by the utilization of computers and related equipment, by means of an approved format of standard punch cards, *H55-v-2* General Assembly Of North Carolina Session 2023 magnetic tapes or an approved telecommunications system, may do so in lieu of the submission *H55-v-1* General Assembly Of North Carolina Session 2023 of the written statement as provided for in this section.

DirectorCommissioner of theInsurance Statethrough Bureauthe Office of Investigation and the CommissionerState ofFire Insurance,Marshal throughand the OfficeDirector of the State FireBureau Marshalof Investigation to make examination;

It is the duty of the DirectorCommissioner of theInsurance Statethrough Bureauthe Office of Investigation and the CommissionerState ofFire Insurance,Marshal throughand the OfficeDirector of the State FireBureau Marshal,of Investigation to examine, or cause examination to be made, into the cause, circumstances, and origin of all fires occurring within the State to which his their attention has been called in accordance with the provisions of G.S.

The DirectorCommissioner of theInsurance Statethrough Bureauthe Office of Investigation and the CommissionerState ofFire Insurance,Marshal throughand the OfficeDirector of the State FireBureau Marshal,of Investigation shall, in person, by deputy or otherwise, fully investigate all circumstances surrounding such fire, and, when in his their opinion such proceedings are necessary, take or cause to be taken the testimonytestimonyon on oath of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matters as to which an examination is herein required to be made, and shall cause the same to be reduced in writing.

If the DirectorCommissioner of theInsurance Statethrough Bureauthe Office of Investigation Investigation, the CommissionerState ofFire Insurance,Marshal throughor the OfficeDirector of the State FireBureau Marshal,of Investigation or any deputy appointed to conduct such investigations, is investigations is of the opinion that there is evidence to charge any person or persons with the crime of arson, or other willful burning, or fraud in connection with the crime of arson or other willful burning, he the Director may arrest with warrant or cause such person or persons to be arrested, charged with such offense, and prosecuted, and shall furnish to the district attorney of the district all such evidence, together with the names of witnesses and all other information obtained by him, obtained, including a copy of all pertinent and material testimony taken in the case.

Powers of theCommissioner Director of theInsurance State Bureau of Investigation and theDirector Commissioner of Insurance, through the Office of the State FireBureau Marshal,of Investigation in investigations.

The DirectorCommissioner of theInsurance Statethrough Bureauthe Office of Investigation, the CommissionerState ofFire Insurance,Marshal throughand the OfficeDirector of the State FireBureau Marshal,of Investigation, or his deputy their deputies appointed to conduct such examination, has have the powers of a trial justice for the purpose of summoning and compelling the attendance of witnesses to testify in relation to any matter which is by provisions of this Article a subject of inquiry and investigation, and may administer oaths and affirmations to persons appearing as witnesses before them.

The DirectorCommissioner of theInsurance Statethrough Bureauthe Office of Investigation Investigation, the CommissionerState ofFire Insurance,Marshal throughand the OfficeDirector of the State FireBureau Marshal,of Investigation or his deputy has their deputies have authority at all times of the day or night, in performance of the duties imposed by the provisions of this Article, to enter upon and examine any building or premises where any fire has occurred, and other buildings and premises adjoining or near the same.

All investigations held by or under the direction of the DirectorOffice of the State BureauFire ofMarshal Investigationor Investigation, the CommissionerDirector of Insurance, through the Office of the State FireBureau Marshal,of Investigation or his deputy their deputies may, in their discretion, be private, and persons other than those required to be present by the provisions of this Article may be excluded from the place where the investigation is held, and witnesses may be kept apart from each other and not allowed to communicate with each other until they have been examined.

The failure of a person to comply with a summons or subpoena of the Director of the State Bureau of Investigation Investigation, the Commissioner of Insurance,Insurance through the Office of the PageState 2Fire HouseMarshal Billor 55-Secondthe EditionDirector Generalof Assemblythe Of North Carolina Session 2023 State FireBureau Marshal,of Investigation or his deputy their deputies under G.S.

58-79-10 shall be brought before a court of Page 2 House Bill 55-First Edition General Assembly Of North Carolina Session 2023 record and punished as for contempt in the same manner as if he the person had failed to appear and testify before said court of record.

House Bill 55-Second55-First Edition Page 3