North Carolina 2025-2026 Regular Session

North Carolina House Bill H182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 2
	3	+	H 1
4	4		HOUSE BILL 182
5		-	Committee Substitute Favorable 3/4/25
6	5
7		-	Short Title: Rev. Law Perm. Protect Order/Child Abuse. (Public)
8		-	Sponsors:
9		-	Referred to:
	6	+
	7	+	Short Title: Revise Laws on Domestic & Child Abuse. (Public)
	8	+	Sponsors: Representatives Blackwell, K. Hall, Stevens, and Schietzelt (Primary Sponsors).
	9	+	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
	10	+	Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
10	11		February 25, 2025
11		-	H182 -v-2
	12	+	H182 -v-1
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO ALLOW A JU DGE TO ISSUE A PERMA NENT NO CONTACT ORDE R 2
14	15		AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES AND 3
15	16		TO PROVIDE THAT IT IS FELONY CHILD ABUSE FOR ANY PERSON PROVIDING 4
16	17		CARE TO OR SUPERVISION OF A CHILD LESS THAN SIXTEEN YEARS OF AGE TO 5
17	18		COMMIT OR ALLOW THE COMMISSION OF A SEXUAL ACT UPON THE CHILD. 6
18	19		The General Assembly of North Carolina enacts: 7
19	20		8
20	21		PART I. ALLOWING JUD GE TO ISSUE A PERMAN ENT NO CONTACT ORDER 9
21	22		AGAINST A DEFENDANT CONVICTED OF CERTAIN VIOLENT OFFENSES 10
22	23		SECTION 1.(a) Article 81D of Chapter 15A of the General Statutes reads as 11
23	24		rewritten: 12
24	25		"Article 81D. 13
25	26		"Permanent No Contact Order Against Convicted Sex Violent Offender. 14
26	27		"§ 15A-1340.50. Permanent no contact order prohibiting future contact by convicted sex 15
27	28		violent offender with crime victim. 16
28	29		(a) The following definitions apply in this Article: 17
29	30		(1) Permanent no contact order. – A permanent injunction that prohibits any 18
30	31		contact by a defendant with the victim of the sex violent offense for which the 19
31		-	defendant is convicted. convicted, with the victim's immediate family~~, or both.~~ 20
32		-	~~The~~ duration of the injunction is the lifetime of the defendant. 21
	32	+	defendant is convicted. convicted, or with the victim's immediate family. The 20
	33	+	duration of the injunction is the lifetime of the defendant. 21
33	34		(2) Sex offense. – Any criminal offense that requires registration under Article 22
34	35		27A of Chapter 14 of the General Statutes. 23
35	36		(3) Victim. – The person against whom the sex violent offense was committed. 24
36	37		(4) Violent offense. – Any of the following: 25
37	38		a. A criminal offense that requires registration under Article 27A of 26
38	39		Chapter 14 of the General Statutes. 27
39	40		b. A Class A through G felony that is not otherwise covered under 28
40	41		sub-subdivision a. of this subdivision. 29
41	42		c. An offense under subsection (b) of G.S. 14-32.4. 30
42	43		(b) When sentencing a defendant convicted of a sex violent offense, the judge, at the 31
43	44		request of the district attorney, shall determine whether to issue a permanent no contact order. 32
44	45		The judge shall order the defendant to show cause why a permanent no contact order shall not be 33
45	46		issued and shall hold a show cause hearing as part of the sentencing procedures for the defendant. 34
46		-	(c) The victim victim, the victim's immediate family, or both shall have a right to be heard 35
47		-	at the show cause hearing. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 182-Second Edition
49		-	… 1
50		-	(e) At the conclusion of the show cause hearing the judge shall enter a finding for or 2
51		-	against the defendant. If the judge determines that reasonable grounds exist for the victim victim, 3
52		-	the victim's immediate family, or both to fear any future contact with the defendant, the judge 4
53		-	shall issue the permanent no contact order. The judge shall enter written findings of fact and the 5
54		-	grounds on which the permanent no contact order is issued. issued. If any member of the victim's 6
55		-	immediate family is included in the permanent no contact order, they must be specifically 7
56		-	identified. The no contact order shall be incorporated into the judgment imposing the sentence 8
57		-	on the defendant for the conviction of the sex violent offense. 9
58		-	(f) The court may grant one or more of the following forms of relief in a permanent no 10
59		-	contact order under this Article: 11
60		-	(1) Order the defendant not to threaten, visit, assault, molest, or otherwise 12
61		-	interfere with the victim.victim, the victim's immediate family, or both. 13
62		-	(2) Order the defendant not to follow the victim, the victim's immediate family, 14
63		-	or both, including at the victim's each individual's workplace. 15
64		-	(3) Order the defendant not to harass the victim.victim, the victim's immediate 16
65		-	family, or both. 17
66		-	(4) Order the defendant not to abuse or injure the victim.victim, the victim's 18
67		-	immediate family, or both. 19
68		-	(5) Order the defendant not to contact the victim victim, the victim's immediate 20
69		-	family, or both by telephone, written communication, or electronic means. 21
70		-	(6) Order the defendant to refrain from entering or remaining present at the 22
71		-	victim's residence, school, place of employment, school, or place of 23
72		-	employment of the victim, the victim's immediate family, or both, or other 24
73		-	specified places at times when the victim victim, the victim's immediate 25
74		-	family, or both are present. 26
75		-	(7) Order other relief deemed necessary and appropriate by the court. 27
76		-	… 28
77		-	(h) At any time after the issuance of the order, the State, at the request of the victim, or 29
78		-	the defendant may make a motion to rescind or modify the permanent no contact order. If the 30
79		-	court determines that reasonable grounds for the victim victim, the victim's immediate family, or 31
80		-	both to fear any future contact with the defendant no longer exist, the court may rescind or modify 32
81		-	the permanent no contact order. 33
82		-	…." 34
83		-	SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 35
84		-	offenses committed on or after that date. 36
85		-	37
86		-	PART II. CLARIFYING CHANGES TO FELONY CH ILD ABUSE LAWS 38
87		-	SECTION 2.(a) G.S. 14-318.4 reads as rewritten: 39
88		-	"§ 14-318.4. Child abuse a felony. 40
89		-	(a) A parent or any other person providing care to or supervision of a child less than 16 41
90		-	years of age who intentionally inflicts any serious physical injury upon or to the child or who 42
91		-	intentionally commits an assault upon the child which results in any serious physical injury to 43
92		-	the child is guilty of a Class D felony, except as otherwise provided in subsection (a3) of this 44
93		-	section. 45
94		-	(a1) Any A parent or any other person providing care to or supervision of a child less than 46
95		-	16 years of age, or any other person providing care to or supervision of the child, age who 47
96		-	commits, permits, or encourages any act of prostitution with or by the child is guilty of child 48
97		-	abuse and shall be punished as a Class D felon. 49 General Assembly Of North Carolina Session 2025
98		-	House Bill 182-Second Edition Page 3
99		-	(a2) Any A parent or legal guardian of any other person providing care to or supervision 1
100		-	of a child less than 16 years of age who commits or allows the commission of any sexual act 2
101		-	upon the child is guilty of a Class D felony. 3
102		-	(a3) A parent or any other person providing care to or supervision of a child less than 16 4
103		-	years of age who intentionally inflicts any serious bodily injury to the child or who intentionally 5
104		-	commits an assault upon the child which results in any serious bodily injury to the child, or which 6
105		-	results in permanent or protracted loss or impairment of any mental or emotional function of the 7
106		-	child, is guilty of a Class B2 felony. 8
107		-	(a4) A parent or any other person providing care to or supervision of a child less than 16 9
108		-	years of age who, for the purpose of causing fear, emotional injury, or deriving sexual 10
109		-	gratification, intentionally and routinely (i) inflicts physical injury on that child and (ii) deprives 11
110		-	that child of necessary food, clothing, shelter, or proper physical care is guilty of a Class B2 12
111		-	felony. 13
112		-	(a4)(a5) A parent or any other person providing care to or supervision of a child less than 14
113		-	16 years of age whose willful act or grossly negligent omission in the care of the child shows a 15
114		-	reckless disregard for human life is guilty of a Class E felony if the act or omission results in 16
115		-	serious bodily injury to the child. 17
116		-	(a5)(a7) A parent or any other person providing care to or supervision of a child less than 18
117		-	16 years of age whose willful act or grossly negligent omission in the care of the child shows a 19
118		-	reckless disregard for human life is guilty of a Class G felony if the act or omission results in 20
119		-	serious physical injury to the child. 21
120		-	(a6) For purposes of this section, a "grossly negligent omission" in providing care to or 22
121		-	supervision of a child includes the failure to report a child as missing to law enforcement as 23
122		-	provided in G.S. 14-318.5(b). 24
123		-	(b) The felony of child abuse is an offense additional to other civil and criminal 25
124		-	provisions and is not intended to repeal or preclude any other sanctions or remedies. 26
125		-	(c) Abandonment of an infant less than seven days of age pursuant to G.S. 14-322.3 may 27
126		-	be treated as a mitigating factor in sentencing for a conviction under this section involving that 28
127		-	infant. 29
128		-	(d) The following definitions apply in this section: 30
129		-	(1) Grossly negligent omission. – In the context of providing care to or 31
130		-	supervision of a child, this term includes the failure to report a child as missing 32
131		-	to law enforcement as provided in G.S. 14-318.5(b). 33
132		-	(2) Serious bodily injury. – Bodily injury that creates a substantial risk of death 34
133		-	or that causes serious permanent disfigurement, coma, a permanent or 35
134		-	protracted condition that causes extreme pain, or permanent or protracted loss 36
135		-	or impairment of the function of any bodily member or organ, or that results 37
136		-	in prolonged hospitalization. 38
137		-	(2)(3) Serious physical injury. – Physical injury that causes great pain and suffering. 39
138		-	The term includes serious mental injury." 40
139		-	SECTION 2.(b) This section becomes effective December 1, 2025, and applies to 41
140		-	offenses committed on or after that date. 42
141		-	43
142		-	PART III. SAVINGS CLAUSE & EFFECTIVE DAT E 44
143		-	SECTION 3.(a) Prosecutions for offenses committed before the effective date of 45
144		-	this act are not abated or affected by this act, and the statutes that would be applicable but for 46
145		-	this act remain applicable to those prosecutions. 47
146		-	SECTION 3.(b) Except as otherwise provided, this act is effective when it becomes 48
147		-	law. 49
	47	+	… 35 General Assembly Of North Carolina Session 2025
	48	+	Page 2 House Bill 182-First Edition
	49	+	(e) At the conclusion of the show cause hearing the judge shall enter a finding for or 1
	50	+	against the defendant. If the judge determines that reasonable grounds exist for the victim to fear 2
	51	+	any future contact with the defendant, the judge shall issue the permanent no contact order. The 3
	52	+	judge shall enter written findings of fact and the grounds on which the permanent no contact 4
	53	+	order is issued. The no contact order shall be incorporated into the judgment imposing the 5
	54	+	sentence on the defendant for the conviction of the sex violent offense. 6
	55	+	…." 7
	56	+	SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 8
	57	+	offenses committed on or after that date. 9
	58	+	10
	59	+	PART II. CLARIFYING CHANGES TO FELONY CH ILD ABUSE LAWS 11
	60	+	SECTION 2.(a) G.S. 14-318.4 reads as rewritten: 12
	61	+	"§ 14-318.4. Child abuse a felony. 13
	62	+	(a) A parent or any other person providing care to or supervision of a child less than 16 14
	63	+	years of age who intentionally inflicts any serious physical injury upon or to the child or who 15
	64	+	intentionally commits an assault upon the child which results in any serious physical injury to 16
	65	+	the child is guilty of a Class D felony, except as otherwise provided in subsection (a3) of this 17
	66	+	section. 18
	67	+	(a1) Any A parent or any other person providing care to or supervision of a child less than 19
	68	+	16 years of age, or any other person providing care to or supervision of the child, age who 20
	69	+	commits, permits, or encourages any act of prostitution with or by the child is guilty of child 21
	70	+	abuse and shall be punished as a Class D felon. 22
	71	+	(a2) Any A parent or legal guardian of any other person providing care to or supervision 23
	72	+	of a child less than 16 years of age who commits or allows the commission of any sexual act 24
	73	+	upon the child is guilty of a Class D felony. 25
	74	+	(a3) A parent or any other person providing care to or supervision of a child less than 16 26
	75	+	years of age who intentionally inflicts any serious bodily injury to the child or who intentionally 27
	76	+	commits an assault upon the child which results in any serious bodily injury to the child, or which 28
	77	+	results in permanent or protracted loss or impairment of any mental or emotional function of the 29
	78	+	child, is guilty of a Class B2 felony. 30
	79	+	(a4) A parent or any other person providing care to or supervision of a child less than 16 31
	80	+	years of age who, for the purpose of causing fear, emotional injury, or deriving sexual 32
	81	+	gratification, intentionally and routinely (i) inflicts physical injury on that child and (ii) deprives 33
	82	+	that child of necessary food, clothing, shelter, or proper physical care is guilty of a Class B2 34
	83	+	felony. 35
	84	+	(a4)(a5) A parent or any other person providing care to or supervision of a child less than 36
	85	+	16 years of age whose willful act or grossly negligent omission in the care of the child shows a 37
	86	+	reckless disregard for human life is guilty of a Class E felony if the act or omission results in 38
	87	+	serious bodily injury to the child. 39
	88	+	(a5)(a7) A parent or any other person providing care to or supervision of a child less than 40
	89	+	16 years of age whose willful act or grossly negligent omission in the care of the child shows a 41
	90	+	reckless disregard for human life is guilty of a Class G felony if the act or omission results in 42
	91	+	serious physical injury to the child. 43
	92	+	(a6) For purposes of this section, a "grossly negligent omission" in providing care to or 44
	93	+	supervision of a child includes the failure to report a child as missing to law enforcement as 45
	94	+	provided in G.S. 14-318.5(b). 46
	95	+	(b) The felony of child abuse is an offense additional to other civil and criminal 47
	96	+	provisions and is not intended to repeal or preclude any other sanctions or remedies. 48
	97	+	(c) Abandonment of an infant less than seven days of age pursuant to G.S. 14-322.3 may 49
	98	+	be treated as a mitigating factor in sentencing for a conviction under this section involving that 50
	99	+	infant. 51 General Assembly Of North Carolina Session 2025
	100	+	House Bill 182-First Edition Page 3
	101	+	(d) The following definitions apply in this section: 1
	102	+	(1) Grossly negligent omission. – In the context of providing care to or 2
	103	+	supervision of a child, this term includes the failure to report a child as missing 3
	104	+	to law enforcement as provided in G.S. 14-318.5(b). 4
	105	+	(2) Serious bodily injury. – Bodily injury that creates a substantial risk of death 5
	106	+	or that causes serious permanent disfigurement, coma, a permanent or 6
	107	+	protracted condition that causes extreme pain, or permanent or protracted loss 7
	108	+	or impairment of the function of any bodily member or organ, or that results 8
	109	+	in prolonged hospitalization. 9
	110	+	(2)(3) Serious physical injury. – Physical injury that causes great pain and suffering. 10
	111	+	The term includes serious mental injury." 11
	112	+	SECTION 2.(b) This section becomes effective December 1, 2025, and applies to 12
	113	+	offenses committed on or after that date. 13
	114	+	14
	115	+	PART III. SAVINGS CLAUSE & EFFECTIVE DAT E 15
	116	+	SECTION 3.(a) Prosecutions for offenses committed before the effective date of 16
	117	+	this act are not abated or affected by this act, and the statutes that would be applicable but for 17
	118	+	this act remain applicable to those prosecutions. 18
	119	+	SECTION 3.(b) Except as otherwise provided, this act is effective when it becomes 19
	120	+	law. 20