13 | 12 | | A BILL TO BE ENTITLED 1 |
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14 | 13 | | AN ACT ENACTING THE PROTECT THOSE WHO SERVE AND PROTECT ACT OF 2025. 2 |
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15 | 14 | | The General Assembly of North Carolina enacts: 3 |
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16 | 15 | | SECTION 1. This act shall be known as the "Protect Those Who Serve and Protect 4 |
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17 | 16 | | Act of 2025." 5 |
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18 | 17 | | SECTION 2. Article 8 of Chapter 14 of the General Statutes is amended by adding 6 |
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19 | 18 | | a new section to read: 7 |
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20 | 19 | | "§ 14-34.7A. Assault on a public safety officer, law enforcement agency animal, or search 8 |
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21 | 20 | | and rescue animal by throwing, spraying, or otherwise projecting water or other 9 |
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22 | 21 | | substances. 10 |
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23 | 22 | | (a) Definition. – The following definitions apply in this section: 11 |
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24 | 23 | | (1) Law enforcement agency animal. – As defined in G.S. 14-163.1. 12 |
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25 | 24 | | (2) Public safety officer. – Any of the following: 13 |
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26 | 25 | | a. A law enforcement officer. 14 |
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27 | 26 | | b. A probation or parole officer. 15 |
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28 | 27 | | c. A person who is employed at (i) a detention facility, as defined in 16 |
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29 | 28 | | G.S. 143B-805, or (ii) any other detention facility operated under the 17 |
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30 | 29 | | jurisdiction of the State or a local government. 18 |
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31 | 30 | | d. A telecommunicator employed by a law enforcement agency. 19 |
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32 | 31 | | e. A firefighter or rescue squad worker. 20 |
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33 | 32 | | f. An emergency medical services personnel, as defined in 21 |
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34 | 33 | | G.S. 131E-155. 22 |
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35 | 34 | | g. A hospital employee, medical practice employee, licensed health care 23 |
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36 | 35 | | provider, individual under contract to provide services at a hospital or 24 |
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37 | 36 | | medical practice, hospital security personnel, or other emergency 25 |
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38 | 37 | | health care provider not otherwise covered under sub-subdivision e. of 26 |
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39 | 38 | | this subdivision. 27 |
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40 | 39 | | h. A member of the North Carolina National Guard. 28 |
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41 | 40 | | i. A member of any branch of the Armed Forces of the United States. 29 |
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42 | 41 | | j. A juvenile court counselor or chief court counselor, as those terms are 30 |
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43 | 42 | | defined in G.S. 143B-805. 31 |
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44 | 43 | | k. An emergency management worker , as defined in 32 |
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45 | 44 | | G.S. 166A-19.60(e). 33 |
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48 | 49 | | (b) Offense and Punishment. – Unless covered under some other provision of law 1 |
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49 | 50 | | providing greater punishment, a person is guilty of a Class I felony if the person commits an 2 |
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50 | 51 | | assault or battery on either of the following by throwing, spraying, or otherwise projecting, or 3 |
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51 | 52 | | causing to be thrown, sprayed, or otherwise projected, water or any other substance at: 4 |
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52 | 53 | | (1) A public safety officer (i) while the public safety officer is discharging or 5 |
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53 | 54 | | attempting to discharge his or her official duties or (ii) because of the victim's 6 |
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54 | 55 | | status as a public safety officer. 7 |
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55 | 56 | | (2) A law enforcement agency animal or a search and rescue animal (i) while the 8 |
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56 | 57 | | animal is in the performance of its duty or (ii) because of the animal's status 9 |
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57 | 58 | | as a law enforcement agency animal or search and rescue animal." 10 |
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58 | 59 | | SECTION 3. G.S. 14-34.8 reads as rewritten: 11 |
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59 | 60 | | "§ 14-34.8. Criminal use of laser device. 12 |
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60 | 61 | | (a) The following definitions apply in this section: 13 |
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61 | 62 | | (1) Laser. – Light amplification by stimulated emission of radiation. 14 |
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62 | 63 | | (2) Law enforcement agency animal. – As defined in G.S. 14-163.1. 15 |
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63 | 64 | | (3) Public safety officer. – As defined in G.S. 14-34.7A. 16 |
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64 | 65 | | (4) Search and rescue animal. – As defined in G.S. 14-163.1. 17 |
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65 | 66 | | (b) It is unlawful to intentionally point a laser device while the device is emitting a laser 18 |
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66 | 67 | | beam at: 19 |
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67 | 68 | | (1) Any of the following A public safety officer (i) while the person is in the 20 |
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68 | 69 | | performance of his or her duties:duties or (ii) because of the person's status as 21 |
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69 | 70 | | a public safety officer. 22 |
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70 | 71 | | a. A law enforcement officer. 23 |
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71 | 72 | | b. A probation or parole officer. 24 |
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72 | 73 | | c. A person whose employment duties include the custody, 25 |
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73 | 74 | | transportation, or management of persons who are detained or 26 |
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74 | 75 | | confined to a detention facility, youth development center, or 27 |
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75 | 76 | | correctional institution operated under the jurisdiction of the State or 28 |
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76 | 77 | | a local government. 29 |
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77 | 78 | | d. A firefighter. 30 |
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78 | 79 | | e. An emergency medical technician or other emergency health care 31 |
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79 | 80 | | provider. 32 |
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80 | 81 | | f. A member of the North Carolina National Guard. 33 |
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81 | 82 | | g. A member of any branch of the Armed Forces of the United States. 34 |
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82 | 83 | | h. Court counselors whose employment duties include intake, probation, 35 |
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83 | 84 | | post-release supervision, and court supervision services of juveniles. 36 |
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84 | 85 | | (2) The head or face of any person not covered under subdivision (1) of this 37 |
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85 | 86 | | subsection. 38 |
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86 | 87 | | (3) A law enforcement agency animal or a search and rescue animal (i) while the 39 |
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87 | 88 | | animal is in the performance of its duty.duty or (ii) because of the animal's 40 |
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88 | 89 | | status as a law enforcement agency animal or search and rescue animal. 41 |
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89 | 90 | | …." 42 |
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90 | 91 | | SECTION 4. G.S. 14-32 reads as rewritten: 43 |
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91 | 92 | | "§ 14-32. Felonious assault with deadly weapon with intent to kill or inflicting serious 44 |
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92 | 93 | | injury; punishments. 45 |
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93 | 94 | | … 46 |
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94 | 95 | | (d) Any Unless covered under some other provision of law providing greater punishment, 47 |
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95 | 96 | | any person who assaults an emergency worker a public safety officer with a deadly weapon and 48 |
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96 | 97 | | inflicts serious injury shall be punished as a Class D felon. 49 General Assembly Of North Carolina Session 2025 |
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98 | 99 | | (e) Any Unless covered under some other provision of law providing greater punishment, 1 |
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99 | 100 | | any person who assaults an emergency worker a public safety officer with a deadly weapon with 2 |
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100 | 101 | | intent to kill shall be punished as a Class D felon. 3 |
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101 | 102 | | (f) For the purposes of this section, an "emergency worker" is a law enforcement officer, 4 |
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102 | 103 | | firefighter, emergency medical technician, or medical responder.a "public safety officer" is as 5 |
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103 | 104 | | defined in G.S. 14-34.7A." 6 |
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104 | 105 | | SECTION 5. G.S. 14-33(c)(4) reads as rewritten: 7 |
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105 | 106 | | "(4) Assaults an officer or employee of the State or any political subdivision of the 8 |
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106 | 107 | | State, State (i) when the officer or employee is discharging or attempting to 9 |
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107 | 108 | | discharge his or her official duties;duties or (ii) because of the victim's status 10 |
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108 | 109 | | as an officer or employee of the State or any political subdivision of the State." 11 |
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109 | 110 | | SECTION 6. G.S. 14-34.2 reads as rewritten: 12 |
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110 | 111 | | "§ 14-34.2. Assault with a firearm or other deadly weapon upon governmental officers or 13 |
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111 | 112 | | employees, company police officers, or campus police officers. 14 |
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112 | 113 | | Unless a person's conduct is covered under some other provision of law providing greater 15 |
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113 | 114 | | punishment, any person who commits an assault with a deadly weapon upon an officer or 16 |
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114 | 115 | | employee of the State or of any political subdivision of the State, a company police officer 17 |
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115 | 116 | | certified pursuant to the provisions of Chapter 74E of the General Statutes, or a campus police 18 |
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116 | 117 | | officer certified pursuant to the provisions of Chapter 74G, Article 1 of Chapter 17C or Chapter 19 |
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117 | 118 | | 116 of the General Statutes, (i) in the performance of an official duty or (ii) because of the victim's 20 |
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118 | 119 | | status as an officer or employee of the State or of any political subdivision of the State, a company 21 |
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119 | 120 | | police officer, or a campus police officer, is guilty of a Class E felony." 22 |
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120 | 121 | | SECTION 7. G.S. 14-34.5 reads as rewritten: 23 |
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121 | 122 | | "§ 14-34.5. Assault with a firearm on a law enforcement, probation, or parole officer, or 24 |
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122 | 123 | | on a member of the North Carolina National Guard, or on a person employed at 25 |
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123 | 124 | | a State or local detention facility.public safety officer. 26 |
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124 | 125 | | (a) Any person who commits an assault with a firearm upon a law enforcement officer, 27 |
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125 | 126 | | probation officer, or parole public safety officer (i) while the officer is in the performance of his 28 |
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126 | 127 | | or her duties or (ii) because of the victim's status as a public safety officer is guilty of a Class D 29 |
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127 | 128 | | Class C felony. 30 |
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128 | 129 | | (a1) Any person who commits an assault with a firearm upon a member of the North 31 |
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129 | 130 | | Carolina National Guard while the member is in the performance of his or her duties is guilty of 32 |
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130 | 131 | | a Class D felony. 33 |
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131 | 132 | | (b) Anyone who commits an assault with a firearm upon a person who is employed at a 34 |
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132 | 133 | | detention facility operated under the jurisdiction of the State or a local government while the 35 |
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133 | 134 | | employee is in the performance of the employee's duties is guilty of a Class D felony. 36 |
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134 | 135 | | (c) For purposes of this section, the term "public safety officer" is as defined in 37 |
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135 | 136 | | G.S. 14-34.7A." 38 |
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136 | 137 | | SECTION 8. G.S. 14-34.6 is repealed. 39 |
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137 | 138 | | SECTION 9. G.S. 14-34.7 reads as rewritten: 40 |
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138 | 139 | | "§ 14-34.7. Certain assaults Assault or affray on a law enforcement, probation, or parole 41 |
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139 | 140 | | officer, or on a member of the North Carolina National Guard, or on a person 42 |
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140 | 141 | | employed at a State or local detention facility; public safety officer; penalty. 43 |
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141 | 142 | | (a) Unless covered under some other provision of law providing greater punishment, a 44 |
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142 | 143 | | person is guilty of a Class E felony if the person assaults commits an assault or affray on a law 45 |
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143 | 144 | | enforcement officer, probation officer, or parole public safety officer (i) while the officer is 46 |
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144 | 145 | | discharging or attempting to discharge his or her official duties or (ii) because of the victim's 47 |
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145 | 146 | | status as a public safety officer, and inflicts serious bodily injury on the officer. 48 |
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146 | 147 | | (a1) Unless covered under some other provision of law providing greater punishment, a 49 |
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147 | 148 | | person is guilty of a Class E felony if the person assaults a member of the North Carolina National 50 General Assembly Of North Carolina Session 2025 |
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149 | 150 | | Guard while he or she is discharging or attempting to discharge his or her official duties and 1 |
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150 | 151 | | inflicts serious bodily injury on the member. 2 |
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151 | 152 | | (b) Unless covered under some other provision of law providing greater punishment, a 3 |
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152 | 153 | | person is guilty of a Class E felony if the person assaults a person who is employed at a detention 4 |
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153 | 154 | | facility operated under the jurisdiction of the State or a local government while the employee is 5 |
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154 | 155 | | in the performance of the employee's duties and inflicts serious bodily injury on the employee. 6 |
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155 | 156 | | (c) Unless covered under some other provision of law providing greater punishment, a 7 |
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156 | 157 | | person is guilty of a Class H felony if the person does any of the following: 8 |
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157 | 158 | | (1) Assaults a law enforcement officer, probation officer, or parole officer while 9 |
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158 | 159 | | the officer is discharging or attempting to discharge his or her official duties 10 |
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159 | 160 | | and inflicts physical injury on the officer. 11 |
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160 | 161 | | (2) Assaults a person who is employed at a detention facility operated under the 12 |
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161 | 162 | | jurisdiction of the State or a local government while the employee is in the 13 |
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162 | 163 | | performance of the employee's duties and inflicts physical injury on the 14 |
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163 | 164 | | employee. 15 |
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164 | 165 | | (3) Assaults a member of the North Carolina National Guard while he or she is 16 |
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165 | 166 | | discharging or attempting to discharge his or her official duties and inflicts 17 |
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166 | 167 | | physical injury on the member.violates subsection (a) of this section and 18 |
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167 | 168 | | inflicts physical injury on the officer. 19 |
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168 | 169 | | (d) For the purposes of this subsection, section, the term "public safety officer" is as 20 |
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169 | 170 | | defined in G.S. 14-34.7A and the term "physical injury" includes cuts, scrapes, bruises, or other 21 |
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170 | 171 | | physical injury which does not constitute serious injury." 22 |
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171 | 172 | | SECTION 10. G.S. 14-69.3 reads as rewritten: 23 |
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172 | 173 | | "§ 14-69.3. Arson or other unlawful burning that results in serious bodily injury or serious 24 |
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173 | 174 | | injury to a firefighter, law enforcement officer, public safety officer or fire 25 |
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174 | 175 | | investigator, or emergency medical technician.investigator. 26 |
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175 | 176 | | (a) Definitions. – The following definitions apply in this section: 27 |
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176 | 177 | | (1) Emergency medical technician. – The term includes an emergency medical 28 |
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177 | 178 | | technician, an advanced emergency medical technician, and an emergency 29 |
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178 | 179 | | medical technician-paramedic, as those terms are defined in G.S. 131E-155. 30 |
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179 | 180 | | (2) Fire investigator. – The term includes any person who, individually or as part 31 |
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180 | 181 | | of an investigative team, has the responsibility and authority to determine the 32 |
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181 | 182 | | origin, cause, or development of a fire or explosion. 33 |
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182 | 183 | | (3) Public safety officer. – As defined in G.S. 14-34.7A. 34 |
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183 | 184 | | (b) Offense Involving Serious Bodily Injury. – A Unless covered under some other 35 |
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184 | 185 | | provision of law providing greater punishment, a person is guilty of a Class E felony if (i) the 36 |
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185 | 186 | | person commits a felony under Article 15 of Chapter 14 of the General Statutes and a firefighter, 37 |
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186 | 187 | | law enforcement officer, public safety officer or fire investigator, or emergency medical 38 |
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187 | 188 | | technician investigator suffers serious bodily injury while discharging or attempting to discharge 39 |
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188 | 189 | | official duties on the property, or proximate to the property, that is the subject of the firefighter's, 40 |
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189 | 190 | | law enforcement officer's, fire investigator's, or emergency medical technician's public safety 41 |
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190 | 191 | | officer's or fire investigator's discharge or attempt to discharge his or her respective duties.duties 42 |
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191 | 192 | | or (ii) the person commits a felony under Article 15 of Chapter 14 of the General Statutes because 43 |
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192 | 193 | | of the victim's status as a public safety officer or fire investigator and the public safety officer or 44 |
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193 | 194 | | fire investigator suffers serious bodily injury. 45 |
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194 | 195 | | (c) Offense Involving Serious Injury. – A Unless covered under some other provision of 46 |
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195 | 196 | | law providing greater punishment, a person is guilty of a Class F felony if (i) the person commits 47 |
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196 | 197 | | a felony under Article 15 of Chapter 14 of the General Statutes and a firefighter, law enforcement 48 |
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197 | 198 | | officer, public safety officer or fire investigator, or emergency medical technician investigator 49 |
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198 | 199 | | suffers serious injury while discharging or attempting to discharge official duties on the property, 50 |
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199 | 200 | | or proximate to the property, that is the subject of the firefighter's, law enforcement officer's, fire 51 General Assembly Of North Carolina Session 2025 |
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201 | 202 | | investigator's, or emergency medical technician's public safety officer's or fire investigator's 1 |
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202 | 203 | | discharge or attempt to discharge his or her respective duties.duties or (ii) the person commits a 2 |
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203 | 204 | | felony under Article 15 of Chapter 14 of the General Statutes because of the victim's status as a 3 |
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204 | 205 | | public safety officer or fire investigator and the public safety officer or fire investigator suffers 4 |
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205 | 206 | | serious injury." 5 |
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206 | 207 | | SECTION 11. G.S. 15A-266.3A(f)(4) reads as rewritten: 6 |
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207 | 208 | | "(4) G.S. 14-28, Malicious castration; G.S. 14-29, Castration or other maiming 7 |
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208 | 209 | | without malice aforethought; G.S. 14-30, Malicious maiming; G.S. 14-30.1, 8 |
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209 | 210 | | Malicious throwing of corrosive acid or alkali; G.S. 14-31, Maliciously 9 |
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210 | 211 | | assaulting in a secret manner; G.S. 14-32, Felonious assault with deadly 10 |
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211 | 212 | | weapon with intent to kill or inflicting serious injury; G.S. 14-32.1(e), 11 |
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212 | 213 | | Aggravated assault or assault and battery on an individual with a disability; 12 |
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213 | 214 | | G.S. 14-32.2(a) when punishable pursuant to G.S. 14-32.2(b)(1), Patient 13 |
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214 | 215 | | abuse and neglect, intentional conduct proximately causes death; 14 |
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215 | 216 | | G.S. 14-32.3(a), Domestic abuse of disabled or elder adults resulting in injury; 15 |
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216 | 217 | | G.S. 14-32.4, Assault inflicting serious bodily injury or injury by 16 |
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217 | 218 | | strangulation; G.S. 14-33.2, Habitual misdemeanor assault; G.S. 14-34.1, 17 |
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218 | 219 | | Discharging certain barreled weapons or a firearm into occupied property; 18 |
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219 | 220 | | G.S. 14-34.2, Assault with a firearm or other deadly weapon upon 19 |
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220 | 221 | | governmental officers or employees, company police officers, or campus 20 |
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221 | 222 | | police officers; G.S. 14-34.4, Adulterated or misbranded food, drugs, etc.; 21 |
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222 | 223 | | intent to cause serious injury or death; intent to extort; G.S. 14-34.5, Assault 22 |
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223 | 224 | | with a firearm on a law enforcement, probation, or parole officer or on a 23 |
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224 | 225 | | person employed at a State or local detention facility; G.S. 14-34.6, Assault 24 |
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225 | 226 | | or affray on a firefighter, an emergency medical technician, medical 25 |
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226 | 227 | | responder, emergency department nurse, or emergency department physician; 26 |
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227 | 228 | | public safety officer; G.S. 14-34.7, Assault inflicting serious injury on a law 27 |
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228 | 229 | | enforcement, probation, or parole officer or on a person employed at a State 28 |
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229 | 230 | | or local detention facility; or affray on a public safety officer; G.S. 14-34.9, 29 |
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230 | 231 | | Discharging a firearm from within an enclosure; and" 30 |
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231 | 232 | | SECTION 12. G.S. 131E-88.3(a) reads as rewritten: 31 |
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232 | 233 | | "(a) Annually by September 1, the Administrative Office of the Courts shall report to the 32 |
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233 | 234 | | Department of Health and Human Services, Division of Health Service Regulation, the number 33 |
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234 | 235 | | of persons charged and convicted during the preceding calendar year of a crime under 34 |
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235 | 236 | | G.S. 14-34.6.G.S. 14-34.7 committed against a person listed in sub-subdivisions e. through g. of 35 |
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236 | 237 | | subdivision (2) of subsection (a) of G.S. 14-34.7A." 36 |
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237 | 238 | | SECTION 13. This act becomes effective December 1, 2025, and applies to offenses 37 |
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238 | 239 | | committed on or after that date. 38 |
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