North Carolina 2025-2026 Regular Session

North Carolina House Bill H230 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 230
	3	+	H D
	4	+	HOUSE BILL DRH40065-ND-9A
	5	+
5	6
6	7
7	8		Short Title: Create Crime for Habitual Domestic Violence. (Public)
8	9		Sponsors: Representative Torbett.
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
11		-	February 27, 2025
12		-	H230 -v-1
	10	+	Referred to:
	11	+
	12	+	DRH40065 -ND-9A
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO CREATE A FELONY CRIME OF HABITUAL DOMESTIC VIOLENCE AND 2
15	15		TO ALLOW A WARRANTLESS ARREST WHEN AN OFFICER HAS PROBABLE 3
16	16		CAUSE TO BELIEVE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE HAS 4
17	17		OCCURRED. 5
18	18		The General Assembly of North Carolina enacts: 6
19	19		SECTION 1. Article 8 of Chapter 14 of the General Statutes is amended by adding 7
20	20		a new section to read: 8
21	21		"§ 14-32.6. Habitual domestic violence. 9
22	22		(a) A person commits the offense of habitual domestic violence if that person commits 10
23	23		an offense under G.S. 14-32.5, or commits an assault where the person is related to the victim by 11
24	24		one or more of the relationship descriptions set forth in G.S. 14-32.5, and has two or more prior 12
25	25		convictions that include either of the following combination of offenses, with the earlier of the 13
26	26		two prior convictions occurring no more than 15 years prior to the date of the current violation: 14
27	27		(1) Two or more convictions of an offense under G.S. 14-32.5 or an offense 15
28	28		committed in another jurisdiction substantially similar to an offense under 16
29	29		G.S. 14-32.5. 17
30	30		(2) One prior conviction of an offense described in subdivision (1) of this 18
31	31		subsection and at least one prior conviction of an offense in this State or 19
32	32		another jurisdiction involving an assault where the person is related to the 20
33	33		victim by one or more of the relationship descriptions set forth in 21
34	34		G.S. 14-32.5. 22
35	35		(b) A conviction under this section shall not be used as a prior conviction for any other 23
36	36		habitual offense statute. A person convicted of violating this section is guilty of a Class H felony 24
37	37		for the first offense. Subsequent convictions for violating this section shall each be punished at a 25
38	38		level which is one offense class higher than the offense class of the most recent prior conviction 26
39	39		under this section, not to exceed a Class C felony." 27
40	40		SECTION 2. G.S. 15A-401(b) reads as rewritten: 28
41	41		"(b) Arrest by Officer Without a Warrant. – 29
42	42		… 30
43	43		(2) Offense Out of Presence of Officer. – An officer may arrest without a warrant 31
44	44		any person who the officer has probable cause to believe:believe has 32
45	45		committed or violated any of the following: 33
46		-	a. Has committed a felony; orA felony. 34 General Assembly Of North Carolina Session 2025
47		-	Page 2 House Bill 230-First Edition
48		-	b. Has committed a misdemeanor, and:A misdemeanor, when the person 1
49		-	meets at least one of the following criteria: 2
50		-	1. Will not be apprehended unless immediately arrested, 3
51		-	orarrested. 4
52		-	2. May cause physical injury to himself or others, or damage to 5
53		-	property unless immediately arrested; orarrested. 6
54		-	c. Has committed a A misdemeanor under G.S. 14-72.1, 14-134.3, 7
55		-	20-138.1, or 20-138.2; or20-138.2. 8
56		-	d. Has committed a A misdemeanor under any of the following statutes: 9
57		-	1. G.S. 14-32.5. 10
58		-	2. G.S. 14-33(a), 14-33(c)(1), 14-33(c)(2), or 14-34 when the 11
59		-	offense was committed by a person with whom the alleged 12
60		-	victim has a personal relationship as defined in G.S. 50B-1; 13
61		-	orG.S. 50B-1. 14
62		-	e. Has committed a A misdemeanor under G.S. 50B-4.1(a); 15
63		-	orG.S. 50B-4.1(a). 16
64		-	f. Has violated a A pretrial release order entered under G.S. 15A-534 or 17
65		-	G.S. 15A-534.1(a)(2). 18
66		-	…." 19
67		-	SECTION 3. Section 1 of this act becomes effective December 1, 2025, and applies 20
68		-	to offenses committed on or after that date. Section 2 of this act is effective when it becomes law 21
69		-	and applies to arrests made on or after that date. The remainder of this act is effective when it 22
70		-	becomes law. 23
	46	+	a. Has committed a felony; orA felony. 34
	47	+	b. Has committed a misdemeanor, and:A misdemeanor, when the person 35
	48	+	meets at least one of the following criteria: 36
	49	+	H.B. 230
	50	+	Feb 26, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH40065-ND-9A
	53	+	1. Will not be apprehended unless immediately arrested, 1
	54	+	orarrested. 2
	55	+	2. May cause physical injury to himself or others, or damage to 3
	56	+	property unless immediately arrested; orarrested. 4
	57	+	c. Has committed a A misdemeanor under G.S. 14-72.1, 14-134.3, 5
	58	+	20-138.1, or 20-138.2; or20-138.2. 6
	59	+	d. Has committed a A misdemeanor under any of the following statutes: 7
	60	+	1. G.S. 14-32.5. 8
	61	+	2. G.S. 14-33(a), 14-33(c)(1), 14-33(c)(2), or 14-34 when the 9
	62	+	offense was committed by a person with whom the alleged 10
	63	+	victim has a personal relationship as defined in G.S. 50B-1; 11
	64	+	orG.S. 50B-1. 12
	65	+	e. Has committed a A misdemeanor under G.S. 50B-4.1(a); 13
	66	+	orG.S. 50B-4.1(a). 14
	67	+	f. Has violated a A pretrial release order entered under G.S. 15A-534 or 15
	68	+	G.S. 15A-534.1(a)(2). 16
	69	+	…." 17
	70	+	SECTION 3. Section 1 of this act becomes effective December 1, 2025, and applies 18
	71	+	to offenses committed on or after that date. Section 2 of this act is effective when it becomes law 19
	72	+	and applies to arrests made on or after that date. The remainder of this act is effective when it 20
	73	+	becomes law. 21