Criminal Justice

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 315 creates new criminal offenses for wrongfully entering restricted business areas (like secure storage rooms) and for stealing or fraudulently obtaining gift cards. It directly affects businesses (by protecting secure areas), gift card holders (by criminalizing theft of their cards), and individuals who commit these acts. Key provisions include classifying unauthorized building entry as a misdemeanor or felony based on prior offenses, defining gift card theft as a Class 1 misdemeanor for cards under $1,000 (or felony for higher value), and expanding "organized retail theft" to include conspiracy around gift cards with penalties tied to total value stolen. The law takes effect December 1, 2025, and applies to offenses committed after that date.

SB 164 creates a new Class F felony offense for entering someone's property without legal justification during a declared emergency in an emergency area and taking, damaging, or destroying *temporary shelter* - such as tents, trailers, mobile homes, or vehicles used as living quarters. It directly affects individuals who might loot temporary housing following disasters like floods or storms, where standard security is compromised. The law specifies that victims can sue offenders for triple their actual damages plus legal fees. This amendment to North Carolina law (effective December 2025) targets the specific act of stealing or damaging emergency housing, not general property crimes.

This bill revises North Carolina's burglary and breaking-and-entering laws to increase penalties when a firearm or deadly weapon is used. It raises the felony classification by one level for offenses like burglary (first/second degree), breaking out of a dwelling at night, or entering a building with intent to commit a felony or terrorize occupants, if a weapon was present during the crime. The law directly affects individuals convicted of these specific offenses when a firearm was involved, not the general public. It does not change sentencing for weapon-free offenses or address police pay, despite the title "Back the Blue Pay Act" suggesting otherwise. The changes take effect December 1, 2025.

SB 311, titled "The Law and Order Act," increases penalties for assaulting utility and communications workers while they are identifiable in uniform and performing duties. It also creates new offenses, including criminal possession of embalming fluid, larceny of gift cards, and unlawful possession of certain explosive devices. The bill enhances punishments for reckless driving causing death, hit-and-run offenses, and firearm use by felons during crimes, while adding a mitigating factor for impaired drivers using ignition interlocks. Additional provisions revise burglary penalties, expand workplace violence prevention to cover mass picketing, and establish civil liability for gift card theft. The bill directly affects workers in essential services and individuals committing specified violent or property crimes.

This bill amends North Carolina law to strengthen property rights for landowners regarding recreational activities. It requires written permission (signed, dated within 12 months, and carried on person) for hunting, fishing, or trapping on private land, with fines of $500 for first offenses on posted property and $1,000 for repeat violations. Landowners can also prohibit pine straw harvesting without written consent, creating a Class 1 misdemeanor for unauthorized removal. Repeat trespass offenses trigger license suspensions for hunting/fishing, and new rules ban launching watercraft from public roadways into waterways. The law directly affects hunters, fishers, landowners, and pine straw harvesters.