GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 997

Short Title:  Ignore Emergency Warning.	(Public)

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Sponsors: Senators Plyler; and Conder.

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Referred to:  Judiciary.

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April 21, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A PERSON WHO IGNORES A WARNING REGARDING PERSONAL SAFETY IN A DISASTER SITUATION AND PLACES HIMSELF OR HERSELF OR ANOTHER IN DANGER AND REQUIRES AN EMERGENCY RESCUE IS GUILTY OF A CLASS 2 MISDEMEANOR AND IS ALSO CIVILLY LIABLE FOR THE COSTS OF THE RESCUE EFFORT.
The General Assembly of North Carolina enacts:
Section 1.  Article 36A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-288.21.  Willfully ignore warning in a disaster.
(a)	A person is guilty of a Class 2 misdemeanor if:
(1)	There is a disaster as defined by G.S. 166-4;
(2)	A warning is issued by a federal, State, or local law enforcement agency, emergency management agency, or other governmental agency responsible for  emergency management under G.S. 166A-5, 166A-7, or 166A-8 regarding personal safety;
(3)	The person willfully ignores the warning: (i) to engage in an activity or course of action that a reasonable person would not pursue, or (ii) fails to take a course of action that a reasonable person would pursue;
(4)	As a result places himself or herself or another in danger; and
(5)	A governmental rescue effort is undertaken on the endangered person's behalf.
(b)	A person who violates subsection (a) of this section is civilly liable to any governmental agency conducting a rescue on the endangered person's behalf for the cost of the rescue effort."
Section 2.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date.