North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H52 Introduced / Bill

Filed 02/04/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	D 
HOUSE BILL DRH10037-ML-16  
 
 
 
Short Title: Protect Those Who Serve & Protect Act of 2025. 	(Public) 
Sponsors: Representative Hastings. 
Referred to:  
 
*DRH10037 -ML-16* 
A BILL TO BE ENTITLED 1 
AN ACT ENACTING THE PROTECT THOSE WHO SERVE AND PROTECT ACT OF 2025. 2 
The General Assembly of North Carolina enacts: 3 
SECTION 1. This act shall be known as the "Protect Those Who Serve and Protect 4 
Act of 2025." 5 
SECTION 2. Article 8 of Chapter 14 of the General Statutes is amended by adding 6 
a new section to read: 7 
"§ 14-34.7A.  Assault on a public safety officer, law enforcement agency animal, or search 8 
and rescue animal by throwing, spraying, or otherwise projecting water or other 9 
substances. 10 
(a) Definition. – The following definitions apply in this section: 11 
(1) Law enforcement agency animal. – As defined in G.S. 14-163.1. 12 
(2) Public safety officer. – Any of the following: 13 
a. A law enforcement officer. 14 
b. A probation or parole officer. 15 
c. A person who is employed at (i) a detention facility, as defined in 16 
G.S. 143B-805, or (ii) any other detention facility operated under the 17 
jurisdiction of the State or a local government. 18 
d. A firefighter or rescue squad worker. 19 
e. An emergency medical services personnel, as defined in 20 
G.S. 131E-155. 21 
f. A hospital employee, medical practice employee, licensed health care 22 
provider, individual under contract to provide services at a hospital or 23 
medical practice, hospital security personnel, or other emergency 24 
health care provider not otherwise covered under sub-subdivision e. of 25 
this subdivision. 26 
g. A member of the North Carolina National Guard. 27 
h. A member of any branch of the Armed Forces of the United States. 28 
i. A juvenile court counselor or chief court counselor, as those terms are 29 
defined in G.S. 143B-805. 30 
j. An employee or volunteer at a school, as those terms are defined in 31 
subdivision (6) of subsection (c) of G.S. 14-33. 32 
(3) Search and rescue animal. – As defined in G.S. 14-163.1. 33 
(b) Offense and Punishment. – Unless covered under some other provision of law 34 
providing greater punishment, a person is guilty of a Class I felony if the person commits an 35 
H.B. 52
Feb 4, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina 	Session 2025 
Page 2  	DRH10037-ML-16 
assault or battery on either of the following by throwing, spraying, or otherwise projecting, or 1 
causing to be thrown, sprayed, or otherwise projected, water or any other substance at: 2 
(1) A public safety officer (i) while the public safety officer is discharging or 3 
attempting to discharge his or her official duties or (ii) because of the victim's 4 
status as a public safety officer. 5 
(2) A law enforcement agency animal or a search and rescue animal (i) while the 6 
animal is in the performance of its duty or (ii) because of the animal's status 7 
as a law enforcement agency animal or search and rescue animal." 8 
SECTION 3. G.S. 14-34.8 reads as rewritten: 9 
"§ 14-34.8.  Criminal use of laser device. 10 
(a) The following definitions apply in this section: 11 
(1) Laser. – Light amplification by stimulated emission of radiation. 12 
(2) Law enforcement agency animal. – As defined in G.S. 14-163.1. 13 
(3) Public safety officer. – As defined in G.S. 14-34.7A. 14 
(4) Search and rescue animal. – As defined in G.S. 14-163.1. 15 
(b) It is unlawful to intentionally point a laser device while the device is emitting a laser 16 
beam at: 17 
(1) Any of the following A public safety officer (i) while the person is in the 18 
performance of his or her duties:duties or (ii) because of the person's status as 19 
a public safety officer. 20 
a. A law enforcement officer. 21 
b. A probation or parole officer. 22 
c. A person whose employment duties include the custody, 23 
transportation, or management of persons who are detained or 24 
confined to a detention facility, youth development center, or 25 
correctional institution operated under the jurisdiction of the State or 26 
a local government. 27 
d. A firefighter. 28 
e. An emergency medical technician or other emergency health care 29 
provider. 30 
f. A member of the North Carolina National Guard. 31 
g. A member of any branch of the Armed Forces of the United States. 32 
h. Court counselors whose employment duties include intake, probation, 33 
post-release supervision, and court supervision services of juveniles. 34 
(2) The head or face of any person not covered under subdivision (1) of this 35 
subsection. 36 
(3) A law enforcement agency animal or a search and rescue animal (i) while the 37 
animal is in the performance of its duty.duty or (ii) because of the animal's 38 
status as a law enforcement agency animal or search and rescue animal. 39 
…." 40 
SECTION 4. G.S. 14-32 reads as rewritten: 41 
"§ 14-32.  Felonious assault with deadly weapon with intent to kill or inflicting serious 42 
injury; punishments. 43 
… 44 
(d) Any Unless covered under some other provision of law providing greater punishment, 45 
any person who assaults an emergency worker a public safety officer with a deadly weapon and 46 
inflicts serious injury shall be punished as a Class D felon. 47 
(e) Any Unless covered under some other provision of law providing greater punishment, 48 
any person who assaults an emergency worker a public safety officer with a deadly weapon with 49 
intent to kill shall be punished as a Class D felon. 50  General Assembly Of North Carolina 	Session 2025 
DRH10037-ML-16  	Page 3 
(f) For the purposes of this section, an "emergency worker" is a law enforcement officer, 1 
firefighter, emergency medical technician, or medical responder.a "public safety officer" is as 2 
defined in G.S. 14-34.7A." 3 
SECTION 5. G.S. 14-33(c)(4) reads as rewritten: 4 
"(4) Assaults an officer or employee of the State or any political subdivision of the 5 
State, State (i) when the officer or employee is discharging or attempting to 6 
discharge his or her official duties;duties or (ii) because of the victim's status 7 
as an officer or employee of the State or any political subdivision of the State." 8 
SECTION 6. G.S. 14-34.2 reads as rewritten: 9 
"§ 14-34.2.  Assault with a firearm or other deadly weapon upon governmental officers or 10 
employees, company police officers, or campus police officers. 11 
Unless a person's conduct is covered under some other provision of law providing greater 12 
punishment, any person who commits an assault with a deadly weapon upon an officer or 13 
employee of the State or of any political subdivision of the State, a company police officer 14 
certified pursuant to the provisions of Chapter 74E of the General Statutes, or a campus police 15 
officer certified pursuant to the provisions of Chapter 74G, Article 1 of Chapter 17C or Chapter 16 
116 of the General Statutes, (i) in the performance of an official duty or (ii) because of the victim's 17 
status as an officer or employee of the State or of any political subdivision of the State, a company 18 
police officer, or a campus police officer, is guilty of a Class E felony." 19 
SECTION 7. G.S. 14-34.5 reads as rewritten: 20 
"§ 14-34.5.  Assault with a firearm on a law enforcement, probation, or parole officer, or 21 
on a member of the North Carolina National Guard, or on a person employed at 22 
a State or local detention facility.public safety officer. 23 
(a) Any person who commits an assault with a firearm upon a law enforcement officer, 24 
probation officer, or parole public safety officer (i) while the officer is in the performance of his 25 
or her duties or (ii) because of the victim's status as a public safety officer is guilty of a Class D 26 
felony. 27 
(a1) Any person who commits an assault with a firearm upon a member of the North 28 
Carolina National Guard while the member is in the performance of his or her duties is guilty of 29 
a Class D felony. 30 
(b) Anyone who commits an assault with a firearm upon a person who is employed at a 31 
detention facility operated under the jurisdiction of the State or a local government while the 32 
employee is in the performance of the employee's duties is guilty of a Class D felony. 33 
(c) For purposes of this section, the term "public safety officer" is as defined in 34 
G.S. 14-34.7A." 35 
SECTION 8. G.S. 14-34.6 is repealed. 36 
SECTION 9. G.S. 14-34.7 reads as rewritten: 37 
"§ 14-34.7.  Certain assaults Assault or affray on a law enforcement, probation, or parole 38 
officer, or on a member of the North Carolina National Guard, or on a person 39 
employed at a State or local detention facility; public safety officer; penalty. 40 
(a) Unless covered under some other provision of law providing greater punishment, a 41 
person is guilty of a Class E felony if the person assaults commits an assault or affray on a law 42 
enforcement officer, probation officer, or parole public safety officer (i) while the officer is 43 
discharging or attempting to discharge his or her official duties or (ii) because of the victim's 44 
status as a public safety officer, and inflicts serious bodily injury on the officer. 45 
(a1) Unless covered under some other provision of law providing greater punishment, a 46 
person is guilty of a Class E felony if the person assaults a member of the North Carolina National 47 
Guard while he or she is discharging or attempting to discharge his or her official duties and 48 
inflicts serious bodily injury on the member. 49 
(b) Unless covered under some other provision of law providing greater punishment, a 50 
person is guilty of a Class E felony if the person assaults a person who is employed at a detention 51  General Assembly Of North Carolina 	Session 2025 
Page 4  	DRH10037-ML-16 
facility operated under the jurisdiction of the State or a local government while the employee is 1 
in the performance of the employee's duties and inflicts serious bodily injury on the employee. 2 
(c) Unless covered under some other provision of law providing greater punishment, a 3 
person is guilty of a Class H felony if the person does any of the following: 4 
(1) Assaults a law enforcement officer, probation officer, or parole officer while 5 
the officer is discharging or attempting to discharge his or her official duties 6 
and inflicts physical injury on the officer. 7 
(2) Assaults a person who is employed at a detention facility operated under the 8 
jurisdiction of the State or a local government while the employee is in the 9 
performance of the employee's duties and inflicts physical injury on the 10 
employee. 11 
(3) Assaults a member of the North Carolina National Guard while he or she is 12 
discharging or attempting to discharge his or her official duties and inflicts 13 
physical injury on the member.violates subsection (a) of this section and 14 
inflicts physical injury on the officer. 15 
(d) For the purposes of this subsection, section, the term "public safety officer" is as 16 
defined in G.S. 14-34.7A and the term "physical injury" includes cuts, scrapes, bruises, or other 17 
physical injury which does not constitute serious injury." 18 
SECTION 10. G.S. 14-69.3 reads as rewritten: 19 
"§ 14-69.3.  Arson or other unlawful burning that results in serious bodily injury or serious 20 
injury to a firefighter, law enforcement officer, public safety officer or fire 21 
investigator, or emergency medical technician.investigator. 22 
(a) Definitions. – The following definitions apply in this section: 23 
(1) Emergency medical technician. – The term includes an emergency medical 24 
technician, an advanced emergency medical technician, and an emergency 25 
medical technician-paramedic, as those terms are defined in G.S. 131E-155. 26 
(2) Fire investigator. – The term includes any person who, individually or as part 27 
of an investigative team, has the responsibility and authority to determine the 28 
origin, cause, or development of a fire or explosion. 29 
(3) Public safety officer. – As defined in G.S. 14-34.7A. 30 
(b) Offense Involving Serious Bodily Injury. – A Unless covered under some other 31 
provision of law providing greater punishment, a person is guilty of a Class E felony if (i) the 32 
person commits a felony under Article 15 of Chapter 14 of the General Statutes and a firefighter, 33 
law enforcement officer, public safety officer or fire investigator, or emergency medical 34 
technician investigator suffers serious bodily injury while discharging or attempting to discharge 35 
official duties on the property, or proximate to the property, that is the subject of the firefighter's, 36 
law enforcement officer's, fire investigator's, or emergency medical technician's public safety 37 
officer's or fire investigator's discharge or attempt to discharge his or her respective duties.duties 38 
or (ii) the person commits a felony under Article 15 of Chapter 14 of the General Statutes because 39 
of the victim's status as a public safety officer or fire investigator and the public safety officer or 40 
fire investigator suffers serious bodily injury. 41 
(c) Offense Involving Serious Injury. – A Unless covered under some other provision of 42 
law providing greater punishment, a person is guilty of a Class F felony if (i) the person commits 43 
a felony under Article 15 of Chapter 14 of the General Statutes and a firefighter, law enforcement 44 
officer, public safety officer or fire investigator, or emergency medical technician investigator 45 
suffers serious injury while discharging or attempting to discharge official duties on the property, 46 
or proximate to the property, that is the subject of the firefighter's, law enforcement officer's, fire 47 
investigator's, or emergency medical technician's public safety officer's or fire investigator's 48 
discharge or attempt to discharge his or her respective duties.duties or (ii) the person commits a 49 
felony under Article 15 of Chapter 14 of the General Statutes because of the victim's status as a 50  General Assembly Of North Carolina 	Session 2025 
DRH10037-ML-16  	Page 5 
public safety officer or fire investigator and the public safety officer or fire investigator suffers 1 
serious injury." 2 
SECTION 11. G.S. 15A-266.3A(f)(4) reads as rewritten: 3 
"(4) G.S. 14-28, Malicious castration; G.S. 14-29, Castration or other maiming 4 
without malice aforethought; G.S. 14-30, Malicious maiming; G.S. 14-30.1, 5 
Malicious throwing of corrosive acid or alkali; G.S. 14-31, Maliciously 6 
assaulting in a secret manner; G.S. 14-32, Felonious assault with deadly 7 
weapon with intent to kill or inflicting serious injury; G.S. 14-32.1(e), 8 
Aggravated assault or assault and battery on an individual with a disability; 9 
G.S. 14-32.2(a) when punishable pursuant to G.S. 14-32.2(b)(1), Patient 10 
abuse and neglect, intentional conduct proximately causes death; 11 
G.S. 14-32.3(a), Domestic abuse of disabled or elder adults resulting in injury; 12 
G.S. 14-32.4, Assault inflicting serious bodily injury or injury by 13 
strangulation; G.S. 14-33.2, Habitual misdemeanor assault; G.S. 14-34.1, 14 
Discharging certain barreled weapons or a firearm into occupied property; 15 
G.S. 14-34.2, Assault with a firearm or other deadly weapon upon 16 
governmental officers or employees, company police officers, or campus 17 
police officers; G.S. 14-34.4, Adulterated or misbranded food, drugs, etc.; 18 
intent to cause serious injury or death; intent to extort; G.S. 14-34.5, Assault 19 
with a firearm on a law enforcement, probation, or parole officer or on a 20 
person employed at a State or local detention facility; G.S. 14-34.6, Assault 21 
or affray on a firefighter, an emergency medical technician, medical 22 
responder, emergency department nurse, or emergency department physician; 23 
public safety officer; G.S. 14-34.7, Assault inflicting serious injury on a law 24 
enforcement, probation, or parole officer or on a person employed at a State 25 
or local detention facility; or affray on a public safety officer; G.S. 14-34.9, 26 
Discharging a firearm from within an enclosure; and" 27 
SECTION 12. G.S. 131E-88.3(a) reads as rewritten: 28 
"(a) Annually by September 1, the Administrative Office of the Courts shall report to the 29 
Department of Health and Human Services, Division of Health Service Regulation, the number 30 
of persons charged and convicted during the preceding calendar year of a crime under 31 
G.S. 14-34.6.G.S. 14-34.7 committed against a person listed in sub-subdivisions d. through f. of 32 
subdivision (2) of subsection (a) of G.S. 14-34.7A." 33 
SECTION 13. This act becomes effective December 1, 2025, and applies to offenses 34 
committed on or after that date. 35