North Carolina 2025-2026 Regular Session

North Carolina House Bill H258 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 3
3+H 2
44 HOUSE BILL 258
55 Committee Substitute Favorable 3/19/25
6-Third Edition Engrossed 4/9/25
76
87 Short Title: Utility Worker Protection Act. (Public)
98 Sponsors:
109 Referred to:
1110 March 4, 2025
12-*H258 -v-3*
11+*H258 -v-2*
1312 A BILL TO BE ENTITLED 1
1413 AN ACT TO INCREASE T HE PUNISHMENT FOR CO MMITTING AN ASSAULT 2
15-AGAINST A UTILITY, COMMUNICATIONS, OR TR ANSPORTATION WORKER . 3
14+AGAINST A UTILITY OR COMMUNICATIONS WORK ER. 3
1615 The General Assembly of North Carolina enacts: 4
1716 SECTION 1. G.S. 14-33(c) reads as rewritten: 5
1817 "(c) Unless the conduct is covered under some other provision of law providing greater 6
1918 punishment, any person who commits any assault, assault and battery, or affray is guilty of a 7
2019 Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she:he 8
2120 or she does any of the following: 9
2221 (1) Inflicts serious injury upon another person or uses a deadly weapon;weapon. 10
2322 (2) Assaults a female, he being a male person at least 18 years of age;age. 11
2423 (2a) Assaults a pregnant woman;woman. 12
2524 (3) Assaults a child under the age of 12 years;years. 13
2625 (4) Assaults an officer or employee of the State or any political subdivision of the 14
2726 State, when the officer or employee is discharging or attempting to discharge 15
2827 his or her official duties;duties. 16
2928 … 17
30-(7) Assaults a public transit operator, including a public employee or a private 18
31-contractor employed as a public transit operator, when the operator is 19
32-discharging or attempting to discharge his or her duties. 20
33-… 21
34-(9) Assaults a transportation network company (TNC) driver providing a 22
35-transportation network company (TNC) service. For the purposes of this 23
36-subdivision, the definitions for "TNC driver" and "TNC service" as defined in 24
37-G.S. 20-280.1 shall apply. 25
38-(10) Assaults a utility or communications worker while the worker is (i) readily 26
39-identifiable as a worker and (ii) discharging or attempting to discharge his or 27
40-her duties. For purposes of this subdivision, the term "utility or 28
41-communications worker" means an employee of, agent of, or under contract 29
42-with an organization, entity, or company, whether State created or privately, 30
43-municipally, county, or cooperatively owned, that provides electricity, natural 31
44-gas, liquid petroleum, water, wastewater, telecommunications services, or 32
45-internet access services. For purposes of this subdivision, the term "readily 33
46-identifiable as a worker" shall be construed to include the worker wearing, at 34
47-the time of the assault, a uniform, hat, or other outerwear bearing the logo of 35 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 258-Third Edition
49-the utility or communications company for which the worker is an employee 1
50-of, agent of, or under contract with." 2
51-SECTION 1.1. Chapter 14 of the General Statutes is amended by adding a new 3
52-section to read: 4
53-"§ 14-32.6. Felony assaults, batteries, and affrays; punishments. 5
54-Unless the conduct is covered under some other provision of law providing greater 6
55-punishment, any person who commits any assault, assault and battery, or affray is guilty of a 7
56-Class I felony if, in the course of the assault, assault and battery, or affray, he or she: 8
57-(1) Assaults a public transit operator, including a public employee or a private 9
58-contractor employed as a public transit operator, when the operator is 10
59-discharging or attempting to discharge his or her duties. 11
60-(2) Assaults a transportation network company (TNC) driver providing a 12
61-transportation network company (TNC) service. For the purposes of this 13
62-subdivision, the definitions for "TNC driver" and "TNC service" as defined in 14
63-G.S. 20-280.1 shall apply." 15
64-SECTION 2. Prosecutions for offenses committed before the effective date of this 16
65-act are not abated or affected by this act, and the statutes that would be applicable but for this act 17
66-remain applicable to those prosecutions. 18
67-SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 19
68-committed on or after that date. 20
29+(9) Assaults a transportation network company (TNC) driver providing a 18
30+transportation network company (TNC) service. For the purposes of this 19
31+subdivision, the definitions for "TNC driver" and "TNC service" as defined in 20
32+G.S. 20-280.1 shall apply. 21
33+(10) Assaults a utility or communications worker while the worker is (i) readily 22
34+identifiable as a worker and (ii) discharging or attempting to discharge his or 23
35+her duties. For purposes of this subdivision, the term "utility or 24
36+communications worker" means an employee of, agent of, or under contract 25
37+with an organization, entity, or company, whether State created or privately, 26
38+municipally, county, or cooperatively owned, that provides electricity, natural 27
39+gas, liquid petroleum, water, wastewater, telecommunications services, or 28
40+internet access services. For purposes of this subdivision, the term "readily 29
41+identifiable as a worker" shall be construed to include the worker wearing, at 30
42+the time of the assault, a uniform, hat, or other outerwear bearing the logo of 31
43+the utility or communications company for which the worker is an employee 32
44+of, agent of, or under contract with." 33
45+SECTION 2. Prosecutions for offenses committed before the effective date of this 34
46+act are not abated or affected by this act, and the statutes that would be applicable but for this act 35
47+remain applicable to those prosecutions. 36 General Assembly Of North Carolina Session 2025
48+Page 2 House Bill 258-Second Edition
49+SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 1
50+committed on or after that date. 2