North Carolina 2025-2026 Regular Session

North Carolina House Bill H52 Compare Versions

OldNewDifferences
11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 3
3+H 2
44 HOUSE BILL 52
55 Committee Substitute Favorable 2/25/25
6-Committee Substitute #2 Favorable 3/4/25
76
87 Short Title: Protect Those Who Serve & Protect Act of 2025. (Public)
98 Sponsors:
109 Referred to:
1110 February 5, 2025
12-*H52-v-3*
11+*H52-v-2*
1312 A BILL TO BE ENTITLED 1
1413 AN ACT ENACTING THE PROTECT THOSE WHO SERVE AND PROTECT ACT OF 2025. 2
1514 The General Assembly of North Carolina enacts: 3
1615 SECTION 1. This act shall be known as the "Protect Those Who Serve and Protect 4
1716 Act of 2025." 5
1817 SECTION 2. Article 8 of Chapter 14 of the General Statutes is amended by adding 6
1918 a new section to read: 7
2019 "§ 14-34.7A. Assault on a public safety officer, law enforcement agency animal, or search 8
2120 and rescue animal by throwing, spraying, or otherwise projecting water or other 9
2221 substances. 10
2322 (a) Definition. – The following definitions apply in this section: 11
2423 (1) Law enforcement agency animal. – As defined in G.S. 14-163.1. 12
2524 (2) Public safety officer. – Any of the following: 13
2625 a. A law enforcement officer. 14
2726 b. A probation or parole officer. 15
2827 c. A person who is employed at (i) a detention facility, as defined in 16
2928 G.S. 143B-805, or (ii) any other detention facility operated under the 17
3029 jurisdiction of the State or a local government. 18
3130 d. A telecommunicator employed by a law enforcement agency. 19
3231 e. A firefighter or rescue squad worker. 20
3332 f. An emergency medical services personnel, as defined in 21
3433 G.S. 131E-155. 22
3534 g. A hospital employee, medical practice employee, licensed health care 23
3635 provider, individual under contract to provide services at a hospital or 24
3736 medical practice, hospital security personnel, or other emergency 25
3837 health care provider not otherwise covered under sub-subdivision e. of 26
3938 this subdivision. 27
4039 h. A member of the North Carolina National Guard. 28
4140 i. A member of any branch of the Armed Forces of the United States. 29
4241 j. A juvenile court counselor or chief court counselor, as those terms are 30
4342 defined in G.S. 143B-805. 31
4443 k. An emergency management worker , as defined in 32
4544 G.S. 166A-19.60(e). 33
46-(3) Search and rescue animal. – As defined in G.S. 14-163.1. 34 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 52-Third Edition
45+l. An employee or volunteer at a school, as those terms are defined in 34
46+subdivision (6) of subsection (c) of G.S. 14-33. 35
47+(3) Search and rescue animal. – As defined in G.S. 14-163.1. 36 General Assembly Of North Carolina Session 2025
48+Page 2 House Bill 52-Second Edition
4849 (b) Offense and Punishment. – Unless covered under some other provision of law 1
4950 providing greater punishment, a person is guilty of a Class I felony if the person commits an 2
5051 assault or battery on either of the following by throwing, spraying, or otherwise projecting, or 3
5152 causing to be thrown, sprayed, or otherwise projected, water or any other substance at: 4
5253 (1) A public safety officer (i) while the public safety officer is discharging or 5
5354 attempting to discharge his or her official duties or (ii) because of the victim's 6
5455 status as a public safety officer. 7
5556 (2) A law enforcement agency animal or a search and rescue animal (i) while the 8
5657 animal is in the performance of its duty or (ii) because of the animal's status 9
5758 as a law enforcement agency animal or search and rescue animal." 10
5859 SECTION 3. G.S. 14-34.8 reads as rewritten: 11
5960 "§ 14-34.8. Criminal use of laser device. 12
6061 (a) The following definitions apply in this section: 13
6162 (1) Laser. – Light amplification by stimulated emission of radiation. 14
6263 (2) Law enforcement agency animal. – As defined in G.S. 14-163.1. 15
6364 (3) Public safety officer. – As defined in G.S. 14-34.7A. 16
6465 (4) Search and rescue animal. – As defined in G.S. 14-163.1. 17
6566 (b) It is unlawful to intentionally point a laser device while the device is emitting a laser 18
6667 beam at: 19
6768 (1) Any of the following A public safety officer (i) while the person is in the 20
6869 performance of his or her duties:duties or (ii) because of the person's status as 21
6970 a public safety officer. 22
7071 a. A law enforcement officer. 23
7172 b. A probation or parole officer. 24
7273 c. A person whose employment duties include the custody, 25
7374 transportation, or management of persons who are detained or 26
7475 confined to a detention facility, youth development center, or 27
7576 correctional institution operated under the jurisdiction of the State or 28
7677 a local government. 29
7778 d. A firefighter. 30
7879 e. An emergency medical technician or other emergency health care 31
7980 provider. 32
8081 f. A member of the North Carolina National Guard. 33
8182 g. A member of any branch of the Armed Forces of the United States. 34
8283 h. Court counselors whose employment duties include intake, probation, 35
8384 post-release supervision, and court supervision services of juveniles. 36
8485 (2) The head or face of any person not covered under subdivision (1) of this 37
8586 subsection. 38
8687 (3) A law enforcement agency animal or a search and rescue animal (i) while the 39
8788 animal is in the performance of its duty.duty or (ii) because of the animal's 40
8889 status as a law enforcement agency animal or search and rescue animal. 41
8990 …." 42
9091 SECTION 4. G.S. 14-32 reads as rewritten: 43
9192 "§ 14-32. Felonious assault with deadly weapon with intent to kill or inflicting serious 44
9293 injury; punishments. 45
9394 … 46
9495 (d) Any Unless covered under some other provision of law providing greater punishment, 47
9596 any person who assaults an emergency worker a public safety officer with a deadly weapon and 48
9697 inflicts serious injury shall be punished as a Class D felon. 49 General Assembly Of North Carolina Session 2025
97-House Bill 52-Third Edition Page 3
98+House Bill 52-Second Edition Page 3
9899 (e) Any Unless covered under some other provision of law providing greater punishment, 1
99100 any person who assaults an emergency worker a public safety officer with a deadly weapon with 2
100101 intent to kill shall be punished as a Class D felon. 3
101102 (f) For the purposes of this section, an "emergency worker" is a law enforcement officer, 4
102103 firefighter, emergency medical technician, or medical responder.a "public safety officer" is as 5
103104 defined in G.S. 14-34.7A." 6
104105 SECTION 5. G.S. 14-33(c)(4) reads as rewritten: 7
105106 "(4) Assaults an officer or employee of the State or any political subdivision of the 8
106107 State, State (i) when the officer or employee is discharging or attempting to 9
107108 discharge his or her official duties;duties or (ii) because of the victim's status 10
108109 as an officer or employee of the State or any political subdivision of the State." 11
109110 SECTION 6. G.S. 14-34.2 reads as rewritten: 12
110111 "§ 14-34.2. Assault with a firearm or other deadly weapon upon governmental officers or 13
111112 employees, company police officers, or campus police officers. 14
112113 Unless a person's conduct is covered under some other provision of law providing greater 15
113114 punishment, any person who commits an assault with a deadly weapon upon an officer or 16
114115 employee of the State or of any political subdivision of the State, a company police officer 17
115116 certified pursuant to the provisions of Chapter 74E of the General Statutes, or a campus police 18
116117 officer certified pursuant to the provisions of Chapter 74G, Article 1 of Chapter 17C or Chapter 19
117118 116 of the General Statutes, (i) in the performance of an official duty or (ii) because of the victim's 20
118119 status as an officer or employee of the State or of any political subdivision of the State, a company 21
119120 police officer, or a campus police officer, is guilty of a Class E felony." 22
120121 SECTION 7. G.S. 14-34.5 reads as rewritten: 23
121122 "§ 14-34.5. Assault with a firearm on a law enforcement, probation, or parole officer, or 24
122123 on a member of the North Carolina National Guard, or on a person employed at 25
123124 a State or local detention facility.public safety officer. 26
124125 (a) Any person who commits an assault with a firearm upon a law enforcement officer, 27
125126 probation officer, or parole public safety officer (i) while the officer is in the performance of his 28
126127 or her duties or (ii) because of the victim's status as a public safety officer is guilty of a Class D 29
127128 Class C felony. 30
128129 (a1) Any person who commits an assault with a firearm upon a member of the North 31
129130 Carolina National Guard while the member is in the performance of his or her duties is guilty of 32
130131 a Class D felony. 33
131132 (b) Anyone who commits an assault with a firearm upon a person who is employed at a 34
132133 detention facility operated under the jurisdiction of the State or a local government while the 35
133134 employee is in the performance of the employee's duties is guilty of a Class D felony. 36
134135 (c) For purposes of this section, the term "public safety officer" is as defined in 37
135136 G.S. 14-34.7A." 38
136137 SECTION 8. G.S. 14-34.6 is repealed. 39
137138 SECTION 9. G.S. 14-34.7 reads as rewritten: 40
138139 "§ 14-34.7. Certain assaults Assault or affray on a law enforcement, probation, or parole 41
139140 officer, or on a member of the North Carolina National Guard, or on a person 42
140141 employed at a State or local detention facility; public safety officer; penalty. 43
141142 (a) Unless covered under some other provision of law providing greater punishment, a 44
142143 person is guilty of a Class E felony if the person assaults commits an assault or affray on a law 45
143144 enforcement officer, probation officer, or parole public safety officer (i) while the officer is 46
144145 discharging or attempting to discharge his or her official duties or (ii) because of the victim's 47
145146 status as a public safety officer, and inflicts serious bodily injury on the officer. 48
146147 (a1) Unless covered under some other provision of law providing greater punishment, a 49
147148 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
148-Page 4 House Bill 52-Third Edition
149+Page 4 House Bill 52-Second Edition
149150 Guard while he or she is discharging or attempting to discharge his or her official duties and 1
150151 inflicts serious bodily injury on the member. 2
151152 (b) Unless covered under some other provision of law providing greater punishment, a 3
152153 person is guilty of a Class E felony if the person assaults a person who is employed at a detention 4
153154 facility operated under the jurisdiction of the State or a local government while the employee is 5
154155 in the performance of the employee's duties and inflicts serious bodily injury on the employee. 6
155156 (c) Unless covered under some other provision of law providing greater punishment, a 7
156157 person is guilty of a Class H felony if the person does any of the following: 8
157158 (1) Assaults a law enforcement officer, probation officer, or parole officer while 9
158159 the officer is discharging or attempting to discharge his or her official duties 10
159160 and inflicts physical injury on the officer. 11
160161 (2) Assaults a person who is employed at a detention facility operated under the 12
161162 jurisdiction of the State or a local government while the employee is in the 13
162163 performance of the employee's duties and inflicts physical injury on the 14
163164 employee. 15
164165 (3) Assaults a member of the North Carolina National Guard while he or she is 16
165166 discharging or attempting to discharge his or her official duties and inflicts 17
166167 physical injury on the member.violates subsection (a) of this section and 18
167168 inflicts physical injury on the officer. 19
168169 (d) For the purposes of this subsection, section, the term "public safety officer" is as 20
169170 defined in G.S. 14-34.7A and the term "physical injury" includes cuts, scrapes, bruises, or other 21
170171 physical injury which does not constitute serious injury." 22
171172 SECTION 10. G.S. 14-69.3 reads as rewritten: 23
172173 "§ 14-69.3. Arson or other unlawful burning that results in serious bodily injury or serious 24
173174 injury to a firefighter, law enforcement officer, public safety officer or fire 25
174175 investigator, or emergency medical technician.investigator. 26
175176 (a) Definitions. – The following definitions apply in this section: 27
176177 (1) Emergency medical technician. – The term includes an emergency medical 28
177178 technician, an advanced emergency medical technician, and an emergency 29
178179 medical technician-paramedic, as those terms are defined in G.S. 131E-155. 30
179180 (2) Fire investigator. – The term includes any person who, individually or as part 31
180181 of an investigative team, has the responsibility and authority to determine the 32
181182 origin, cause, or development of a fire or explosion. 33
182183 (3) Public safety officer. – As defined in G.S. 14-34.7A. 34
183184 (b) Offense Involving Serious Bodily Injury. – A Unless covered under some other 35
184185 provision of law providing greater punishment, a person is guilty of a Class E felony if (i) the 36
185186 person commits a felony under Article 15 of Chapter 14 of the General Statutes and a firefighter, 37
186187 law enforcement officer, public safety officer or fire investigator, or emergency medical 38
187188 technician investigator suffers serious bodily injury while discharging or attempting to discharge 39
188189 official duties on the property, or proximate to the property, that is the subject of the firefighter's, 40
189190 law enforcement officer's, fire investigator's, or emergency medical technician's public safety 41
190191 officer's or fire investigator's discharge or attempt to discharge his or her respective duties.duties 42
191192 or (ii) the person commits a felony under Article 15 of Chapter 14 of the General Statutes because 43
192193 of the victim's status as a public safety officer or fire investigator and the public safety officer or 44
193194 fire investigator suffers serious bodily injury. 45
194195 (c) Offense Involving Serious Injury. – A Unless covered under some other provision of 46
195196 law providing greater punishment, a person is guilty of a Class F felony if (i) the person commits 47
196197 a felony under Article 15 of Chapter 14 of the General Statutes and a firefighter, law enforcement 48
197198 officer, public safety officer or fire investigator, or emergency medical technician investigator 49
198199 suffers serious injury while discharging or attempting to discharge official duties on the property, 50
199200 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
200-House Bill 52-Third Edition Page 5
201+House Bill 52-Second Edition Page 5
201202 investigator's, or emergency medical technician's public safety officer's or fire investigator's 1
202203 discharge or attempt to discharge his or her respective duties.duties or (ii) the person commits a 2
203204 felony under Article 15 of Chapter 14 of the General Statutes because of the victim's status as a 3
204205 public safety officer or fire investigator and the public safety officer or fire investigator suffers 4
205206 serious injury." 5
206207 SECTION 11. G.S. 15A-266.3A(f)(4) reads as rewritten: 6
207208 "(4) G.S. 14-28, Malicious castration; G.S. 14-29, Castration or other maiming 7
208209 without malice aforethought; G.S. 14-30, Malicious maiming; G.S. 14-30.1, 8
209210 Malicious throwing of corrosive acid or alkali; G.S. 14-31, Maliciously 9
210211 assaulting in a secret manner; G.S. 14-32, Felonious assault with deadly 10
211212 weapon with intent to kill or inflicting serious injury; G.S. 14-32.1(e), 11
212213 Aggravated assault or assault and battery on an individual with a disability; 12
213214 G.S. 14-32.2(a) when punishable pursuant to G.S. 14-32.2(b)(1), Patient 13
214215 abuse and neglect, intentional conduct proximately causes death; 14
215216 G.S. 14-32.3(a), Domestic abuse of disabled or elder adults resulting in injury; 15
216217 G.S. 14-32.4, Assault inflicting serious bodily injury or injury by 16
217218 strangulation; G.S. 14-33.2, Habitual misdemeanor assault; G.S. 14-34.1, 17
218219 Discharging certain barreled weapons or a firearm into occupied property; 18
219220 G.S. 14-34.2, Assault with a firearm or other deadly weapon upon 19
220221 governmental officers or employees, company police officers, or campus 20
221222 police officers; G.S. 14-34.4, Adulterated or misbranded food, drugs, etc.; 21
222223 intent to cause serious injury or death; intent to extort; G.S. 14-34.5, Assault 22
223224 with a firearm on a law enforcement, probation, or parole officer or on a 23
224225 person employed at a State or local detention facility; G.S. 14-34.6, Assault 24
225226 or affray on a firefighter, an emergency medical technician, medical 25
226227 responder, emergency department nurse, or emergency department physician; 26
227228 public safety officer; G.S. 14-34.7, Assault inflicting serious injury on a law 27
228229 enforcement, probation, or parole officer or on a person employed at a State 28
229230 or local detention facility; or affray on a public safety officer; G.S. 14-34.9, 29
230231 Discharging a firearm from within an enclosure; and" 30
231232 SECTION 12. G.S. 131E-88.3(a) reads as rewritten: 31
232233 "(a) Annually by September 1, the Administrative Office of the Courts shall report to the 32
233234 Department of Health and Human Services, Division of Health Service Regulation, the number 33
234235 of persons charged and convicted during the preceding calendar year of a crime under 34
235236 G.S. 14-34.6.G.S. 14-34.7 committed against a person listed in sub-subdivisions e. through g. of 35
236237 subdivision (2) of subsection (a) of G.S. 14-34.7A." 36
237238 SECTION 13. This act becomes effective December 1, 2025, and applies to offenses 37
238239 committed on or after that date. 38