NC
North Carolina House Bill H95

North Carolina 2025-2026 Regular Session

North Carolina House Bill H95 Compare Versions

OldNewDifferences
11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 2
3+H 1
44 HOUSE BILL 95
5-Committee Substitute Favorable 3/11/25
5+
66
77 Short Title: Threaten Elected Official/Increase Punishment. (Public)
8-Sponsors:
9-Referred to:
8+Sponsors: Representatives Kidwell, Moss, Adams, and Wheatley (Primary Sponsors).
9+For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10+Referred to: State and Local Government, if favorable, Judiciary 2, if favorable, Rules,
11+Calendar, and Operations of the House
1012 February 12, 2025
11-*H95-v-2*
13+*H95-v-1*
1214 A BILL TO BE ENTITLED 1
13-AN ACT TO INCREASE THE PUNISHMENT IMPOSED FOR AN ASSAULT OR THREAT 2
14-AGAINST AN EXECUTIVE OFFICER, LEGISLATIVE OFFICER, COURT OFFICER, 3
15-OR LOCAL ELECTED OFF ICER AND TO REQUIRE PRETRIAL RELEASE 4
16-CONDITIONS FOR ANY PERSON CHARGED WITH ASSAULTING OR MAKING A 5
17-THREAT AGAINST AN EX ECUTIVE OFFICER, LEGISLATIVE OFFICER, COURT 6
18-OFFICER, LOCAL ELECT ED OFFICER, OR ELECT ION OFFICER TO BE 7
19-DETERMINED BY A JUDGE. 8
20-The General Assembly of North Carolina enacts: 9
21-SECTION 1. Article 5A of Chapter 14 of the General Statutes reads as rewritten: 10
22-"Article 5A. 11
23-"Endangering Executive, Legislative, and Court Court, and Local Elected Officers. 12
24-"§ 14-16.6. Assault on executive, legislative, or court officer.court, or local elected officers. 13
25-(a) Any person who assaults any legislative officer, executive officer, or court officer, or 14
26-local elected officer, or assaults another person as retaliation against any legislative officer, 15
27-executive officer, or court officer officer, or local elected officer because of the exercise of that 16
28-officer's duties, or any person who makes a violent attack upon the residence, office, temporary 17
29-accommodation or means of transport of any one of those officers or persons in a manner likely 18
30-to endanger the officer or person, shall be guilty of a felony and shall be punished as a Class I 19
31-Class G felon. 20
32-(b) Any person who commits an offense under subsection (a) and uses a deadly weapon 21
33-in the commission of that offense shall be punished as a Class F Class D felon. 22
34-(c) Any person who commits an offense under subsection (a) and inflicts serious bodily 23
35-injury to any legislative officer, executive officer, or court officer, or local elected officer shall 24
36-be punished as a Class E Class C felon. 25
37-"§ 14-16.7. Threats against executive, legislative, or court court, or local elected officers. 26
38-(a) Any person who knowingly and willfully makes any threat to inflict serious bodily 27
39-injury upon or to kill any legislative officer, executive officer, or court officer, or local elected 28
40-officer, or who knowingly and willfully makes any threat to inflict serious bodily injury upon or 29
41-kill any other person as retaliation against any legislative officer, executive officer, or court 30
42-officer officer, or local elected officer because of the exercise of that officer's duties, shall be 31
43-guilty of a felony and shall be punished as a Class I Class H felon. 32
44-(b) Any person who knowingly and willfully deposits for conveyance in the mail any 33
45-letter, writing, or other document containing a threat to commit an offense described in subsection 34
46-(a) of this section shall be guilty of a felony and shall be punished as a Class I Class H felon. 35
47-"§ 14-16.8. No requirement of receipt of the threat. 36 General Assembly Of North Carolina Session 2025
48-Page 2 House Bill 95-Second Edition
49-In prosecutions under G.S. 14-16.7 of this Article it shall not be necessary to prove that any 1
50-legislative officer, executive officer, or court officer officer, or local elected officer actually 2
51-received the threatening communication or actually believed the threat. 3
52-… 4
53-"§ 14-16.10. Definitions. 5
54-The following definitions apply in this Article: 6
55-(1) Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or 7
56-deputy clerk, judge, or justice of the General Court of Justice; district attorney, 8
57-assistant district attorney, or any other attorney designated by the district 9
58-attorney to act for the State or on behalf of the district attorney; public 10
59-defender or assistant defender; court reporter; juvenile court counselor as 11
60-defined in G.S. 7B-1501(18a); any attorney or other individual employed by, 12
61-contracted by, or acting on behalf of a county department of social services, 13
62-as defined in G.S. 108A-24; any attorney or other individual appointed 14
63-pursuant to G.S. 7B-601 or G.S. 7B-1108 or employed by the Guardian ad 15
64-Litem Services Division of the Administrative Office of the Courts. 16
65-(2) Executive officer. – A person named in G.S. 147-3(c). 17
66-(3) Legislative officer. – A person named in G.S. 147-2(1), (2), or (3). 18
67-(4) Local elected officer. – An elected officer of a political subdivision of this 19
68-State." 20
69-SECTION 2. G.S. 163-275(11) reads as rewritten: 21
70-"(11) For any person, by threats, menaces or in any other manner, to intimidate or 22
71-attempt to intimidate any chief judge, judge of election or other election 23
72-officer in the discharge of of, or because of, duties in the registration of voters 24
73-or in conducting any primary or election." 25
74-SECTION 3. Article 26 of Chapter 15A of the General Statutes is amended by 26
75-adding a new section to read: 27
76-"§ 15A-534.9. Threats against public officers; bail and pretrial release. 28
77-(a) In all cases in which the defendant is charged with a violation of G.S. 14-16.6, 29
78-14-16.7, or 163-275(11), except as provided in subsection (b) of this section, the judicial official 30
79-who determines the conditions of pretrial release shall be a judge. The judge shall direct a law 31
80-enforcement officer or a district attorney to provide a criminal history report for the defendant 32
81-and shall consider the criminal history when setting conditions of release. After setting conditions 33
82-of release, the judge shall return the report to the providing agency or department. No judge shall 34
83-unreasonably delay the determination of conditions of pretrial release for the purpose of 35
84-reviewing the defendant's criminal history report. The following provisions shall apply in 36
85-addition to the provisions of G.S. 15A-534: 37
86-(1) Upon a determination by the judge that the immediate release of the defendant 38
87-will pose a danger of injury to persons and upon a determination that the 39
88-execution of an appearance bond as required by G.S. 15A-534 will not 40
89-reasonably assure that such injury will not occur, a judge may retain the 41
90-defendant in custody for a reasonable period of time while determining the 42
91-conditions of pretrial release. 43
92-(2) A judge may impose the following conditions on pretrial release: 44
93-a. That the defendant stay away from the home, school, business, or place 45
94-of employment of the alleged victim. 46
95-b. That the defendant refrain from assaulting or threatening the alleged 47
96-victim. 48
97-c. That the defendant stay away from specific locations or property 49
98-where the offense occurred. 50 General Assembly Of North Carolina Session 2025
99-House Bill 95-Second Edition Page 3
100-d. That the defendant stay away from other specified locations or 1
101-property. 2
102-The conditions set forth in this subdivision may be imposed in addition to 3
103-requiring that the defendant execute a secured appearance bond. 4
104-(3) Should the defendant be mentally ill and dangerous to himself or herself or 5
105-others or a substance abuser and dangerous to himself or herself or others, the 6
106-provisions of Article 5 of Chapter 122C of the General Statutes shall apply. 7
107-(b) A defendant may be retained in custody not more than 48 hours from the time of arrest 8
108-without a determination being made under this section by a judge. If a judge has not acted 9
109-pursuant to this section within 48 hours of arrest, the magistrate shall act under the provisions of 10
110-this section." 11
111-SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 12
112-committed on or after that date. 13
15+AN ACT TO INCREASE THE PUNISHMENT IMPOSE D FOR A THREAT AGAIN ST A 2
16+LOCAL ELECTED OFFICER AND TO REQUIRE THE EXECUTION OF A SECURED 3
17+APPEARANCE BOND FOR A CERTAIN AMOUNT FOR ANY PERSON CHARGED 4
18+WITH MAKING A THREAT AGAINST AN EXECUTIV E OFFICER, LEGISLATIVE 5
19+OFFICER, COURT OFFICER, LOCAL ELECTED OFFICER, OR ELECTION OFFICER. 6
20+The General Assembly of North Carolina enacts: 7
21+SECTION 1. Article 5A of Chapter 14 of the General Statutes reads as rewritten: 8
22+"Article 5A. 9
23+"Endangering Executive, Legislative, and Court Court, and Local Elected Officers. 10
24+… 11
25+"§ 14-16.7. Threats against executive, legislative, or court court, or local elected officers. 12
26+(a) Any person who knowingly and willfully makes any threat to inflict serious bodily 13
27+injury upon or to kill any legislative officer, executive officer, or court officer, or local elected 14
28+officer, or who knowingly and willfully makes any threat to inflict serious bodily injury upon or 15
29+kill any other person as retaliation against any legislative officer, executive officer, or court 16
30+officer officer, or local elected officer because of the exercise of that officer's duties, shall be 17
31+guilty of a felony and shall be punished as a Class I felon. 18
32+(b) Any person who knowingly and willfully deposits for conveyance in the mail any 19
33+letter, writing, or other document containing a threat to commit an offense described in subsection 20
34+(a) of this section shall be guilty of a felony and shall be punished as a Class I felon. 21
35+"§ 14-16.8. No requirement of receipt of the threat. 22
36+In prosecutions under G.S. 14-16.7 of this Article it shall not be necessary to prove that any 23
37+legislative officer, executive officer, or court officer officer, or local elected officer actually 24
38+received the threatening communication or actually believed the threat. 25
39+… 26
40+"§ 14-16.10. Definitions. 27
41+The following definitions apply in this Article: 28
42+(1) Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or 29
43+deputy clerk, judge, or justice of the General Court of Justice; district attorney, 30
44+assistant district attorney, or any other attorney designated by the district 31
45+attorney to act for the State or on behalf of the district attorney; public 32
46+defender or assistant defender; court reporter; juvenile court counselor as 33
47+defined in G.S. 7B-1501(18a); any attorney or other individual employed by, 34 General Assembly Of North Carolina Session 2025
48+Page 2 House Bill 95-First Edition
49+contracted by, or acting on behalf of a county department of social services, 1
50+as defined in G.S. 108A-24; any attorney or other individual appointed 2
51+pursuant to G.S. 7B-601 or G.S. 7B-1108 or employed by the Guardian ad 3
52+Litem Services Division of the Administrative Office of the Courts. 4
53+(2) Executive officer. – A person named in G.S. 147-3(c). 5
54+(3) Legislative officer. – A person named in G.S. 147-2(1), (2), or (3). 6
55+(4) Local elected officer. – An elected officer of a political subdivision of this 7
56+State." 8
57+SECTION 2. G.S. 163-275(11) reads as rewritten: 9
58+"(11) For any person, by threats, menaces or in any other manner, to intimidate or 10
59+attempt to intimidate any chief judge, judge of election or other election 11
60+officer in the discharge of of, or because of, duties in the registration of voters 12
61+or in conducting any primary or election." 13
62+SECTION 3. Article 26 of Chapter 15A of the General Statutes is amended by 14
63+adding a new section to read: 15
64+"§ 15A-534.9. Threats against public officers; bail. 16
65+In all cases in which the defendant is charged with a violation of G.S. 14-16.7 or 17
66+G.S. 163-275(11), and in addition to any other applicable provisions of G.S. 15A-534, the 18
67+judicial official who determines the conditions of pretrial release shall require the defendant to 19
68+execute a secured appearance bond in an amount no less than fifty thousand dollars ($50,000)." 20
69+SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 21
70+committed on or after that date. 22