GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH40065-ND-9A
Short Title: Create Crime for Habitual Domestic Violence. (Public)
Sponsors: Representative Torbett.
Referred to:
*DRH40065 -ND-9A*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE A FELONY CRIME OF HABITUAL DOMESTIC VIOLENCE AND 2
TO ALLOW A WARRANTLESS ARREST WHEN AN OFFICER HAS PROBABLE 3
CAUSE TO BELIEVE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE HAS 4
OCCURRED. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Article 8 of Chapter 14 of the General Statutes is amended by adding 7
a new section to read: 8
"§ 14-32.6. Habitual domestic violence. 9
(a) A person commits the offense of habitual domestic violence if that person commits 10
an offense under G.S. 14-32.5, or commits an assault where the person is related to the victim by 11
one or more of the relationship descriptions set forth in G.S. 14-32.5, and has two or more prior 12
convictions that include either of the following combination of offenses, with the earlier of the 13
two prior convictions occurring no more than 15 years prior to the date of the current violation: 14
(1) Two or more convictions of an offense under G.S. 14-32.5 or an offense 15
committed in another jurisdiction substantially similar to an offense under 16
G.S. 14-32.5. 17
(2) One prior conviction of an offense described in subdivision (1) of this 18
subsection and at least one prior conviction of an offense in this State or 19
another jurisdiction involving an assault where the person is related to the 20
victim by one or more of the relationship descriptions set forth in 21
G.S. 14-32.5. 22
(b) A conviction under this section shall not be used as a prior conviction for any other 23
habitual offense statute. A person convicted of violating this section is guilty of a Class H felony 24
for the first offense. Subsequent convictions for violating this section shall each be punished at a 25
level which is one offense class higher than the offense class of the most recent prior conviction 26
under this section, not to exceed a Class C felony." 27
SECTION 2. G.S. 15A-401(b) reads as rewritten: 28
"(b) Arrest by Officer Without a Warrant. – 29
… 30
(2) Offense Out of Presence of Officer. – An officer may arrest without a warrant 31
any person who the officer has probable cause to believe:believe has 32
committed or violated any of the following: 33
a. Has committed a felony; orA felony. 34
b. Has committed a misdemeanor, and:A misdemeanor, when the person 35
meets at least one of the following criteria: 36
H.B. 230
Feb 26, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH40065-ND-9A
1. Will not be apprehended unless immediately arrested, 1
orarrested. 2
2. May cause physical injury to himself or others, or damage to 3
property unless immediately arrested; orarrested. 4
c. Has committed a A misdemeanor under G.S. 14-72.1, 14-134.3, 5
20-138.1, or 20-138.2; or20-138.2. 6
d. Has committed a A misdemeanor under any of the following statutes: 7
1. G.S. 14-32.5. 8
2. G.S. 14-33(a), 14-33(c)(1), 14-33(c)(2), or 14-34 when the 9
offense was committed by a person with whom the alleged 10
victim has a personal relationship as defined in G.S. 50B-1; 11
orG.S. 50B-1. 12
e. Has committed a A misdemeanor under G.S. 50B-4.1(a); 13
orG.S. 50B-4.1(a). 14
f. Has violated a A pretrial release order entered under G.S. 15A-534 or 15
G.S. 15A-534.1(a)(2). 16
…." 17
SECTION 3. Section 1 of this act becomes effective December 1, 2025, and applies 18
to offenses committed on or after that date. Section 2 of this act is effective when it becomes law 19
and applies to arrests made on or after that date. The remainder of this act is effective when it 20
becomes law. 21