HB 308 reclassifies strangulation as a Class H felony (up from Class G) and clarifies "serious bodily injury" to include permanent disfigurement or prolonged hospitalization. It clarifies that certain domestic violence misdemeanors cannot be treated as lesser offenses under related statutes and creates a new "habitual misdemeanor assault" offense for repeat offenders involving domestic violence. The bill prohibits expunging criminal records for individuals with pending charges and requires judges to review criminal history when setting pretrial release conditions in domestic violence cases. Judges must also impose specific conditions like staying away from victims' homes or abstaining from alcohol for those charged under domestic violence laws.
HB 206 modifies North Carolina's process for handling firearms surrendered under domestic violence protective orders. It requires defendants to immediately surrender firearms, ammunition, and permits to the sheriff when such orders are issued, with a 24-hour deadline if immediate surrender isn't possible. The bill clarifies that sheriffs must store these items, may charge reasonable storage fees, and must conduct criminal background checks before returning firearms after the order ends. This directly affects domestic violence defendants, victims, and sheriffs managing firearm storage and retrieval.
This bill allows Madison County in North Carolina to sign agreements with sheriff's offices in three neighboring Tennessee counties for joint law enforcement work. These agreements would enable the sheriff's offices to cooperate on special operations and other crime-fighting activities across state lines. The bill also requires that any such agreement include a plan for sharing liability for damages and mandates an annual report to the state Department of Justice.
This bill modifies North Carolina's civil commitment hearing procedures by giving judges discretion to dismiss criminal charges when a defendant lacks the capacity to proceed. Currently, judges are required to dismiss charges under certain conditions, but this change would allow them to decide whether dismissal is appropriate in each case. The law applies to offenses committed on or after the bill becomes effective. It affects criminal defendants who have mental health or cognitive issues that prevent them from participating in their own defense.
House Bill 771 modifies criminal law procedures by expanding the ability to preserve witness testimony through depositions. It authorizes the State to take depositions from material witnesses in criminal cases under specific conditions, such as when a witness is in danger, elderly, or unlikely to be available for trial. Defendants already have the right to depose witnesses who are infirm, incapacitated, or non-residents. The bill outlines procedures for these depositions, ensuring defendants receive notice, have the right to be present, and can have legal counsel.
HB 21 creates a voluntary designation on North Carolina driver's licenses for individuals with autism spectrum disorder (ASD), as defined by state law. People with a medical diagnosis of ASD can request this designation by providing acceptable documentation, such as a healthcare professional's certification, to the Division of Motor Vehicles. The designation appears only in the license record and is accessible solely to law enforcement during interactions to promote safety - no other use is permitted. Individuals may add or remove the designation at any time without affecting their license eligibility or rights.
HB 52, the "Protect Those Who Serve and Protect Act of 2025," increases penalties for assaults against public safety personnel and their animals. It creates a new Class I felony offense for throwing, spraying, or projecting substances (like water) at public safety officers or law enforcement/search and rescue animals while they are on duty or due to their role. The bill also prohibits intentionally pointing laser devices at these protected individuals or animals during duty. These changes update existing assault laws to explicitly cover a wider range of emergency workers (including firefighters, medical staff, National Guard members, and school employees) and add specific protections for animals used in public safety.