Criminal Justice (Sentencing)

HB 789 creates a new mitigating factor for individuals charged with impaired driving offenses in North Carolina. This factor applies if the defendant voluntarily equips their vehicle with an approved ignition interlock system within 45 days of being charged and uses it for at least six months prior to trial, without violations. The bill aims to incentivize early intervention and responsible behavior by offering a potential reduction in sentencing for eligible defendants who meet specific criteria. It also allows individuals who voluntarily install the system and meet certain requirements to apply for a waiver of a portion of the costs if they cannot afford it.

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.