North Carolina 2025 2025-2026 Regular Session

North Carolina Senate Bill S361 Amended / Bill

Filed 03/24/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
S 	1 
SENATE BILL 361 
 
 
Short Title: Protecting First Responders Act. 	(Public) 
Sponsors: Senators Alexander, Britt, and Burgin (Primary Sponsors). 
Referred to: Rules and Operations of the Senate 
March 24, 2025 
*S361 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO INCREASE T HE PUNISHMENT FOR CO MMITTING AN ASSAULT OR 2 
AFFRAY AGAINST CERTA IN EMERGENCY RESPOND ERS AND TO CRIMINALIZE 3 
EXPOSING CERTAIN EME RGENCY RESPONDERS TO FENTANYL OR OTHER 4 
HARMFUL DRUG OR CHEM ICAL AGENTS AND TO APPROPRIATE 5 
NONRECURRING FUNDS T O THE NORTH CAROLINA OFFICE OF EMERGENCY 6 
SERVICES TO DISTRIBUTE AS GRANTS TO USE FOR EQUIPMENT TO PROTECT 7 
CERTAIN FIRST RESPONDERS. 8 
The General Assembly of North Carolina enacts: 9 
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PART I. TITLE 11 
SECTION 1. This act shall be known and may be cited as the "Protecting First 12 
Responders Act" or the "PROFR Act." 13 
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PART II. CRIMINALIZE EXPOSING CERTAIN EM ERGENCY RESPONDERS T O 15 
FENTANYL OR OTHER HA RMFUL DRUG OR CHEMIC AL AGENTS 16 
SECTION 2.(a) G.S. 14-34.6(a) reads as rewritten: 17 
"(a) A person is guilty of a Class I H felony if the person commits an assault or affray 18 
causing physical injury on any of the following persons who are discharging or attempting to 19 
discharge their official duties: 20 
(1) An emergency medical technician or other emergency health care 21 
provider.services personnel, as defined in G.S. 131E-155. 22 
(2) A medical responder.member of a rescue squad or EMS service. 23 
(3) Hospital employee, medical practice employee, licensed health care provider, 24 
or individual under contract to provide services at a hospital or medical 25 
practice.practice, or other emergency health care provider not otherwise 26 
covered under subdivision (1) of this subsection. 27 
… 28 
(5) A firefighter. 29 
(6) Hospital security personnel." 30 
SECTION 2.(b) Article 36 of Chapter 14 of the General Statutes is amended by 31 
adding a new section to read: 32 
"§ 14-286.3.  Exposing certain emergency responders to fentanyl or other harmful drug or 33 
chemical agent; failure to notify certain emergency responders of presence of 34 
fentanyl or other harmful drug or chemical agent. 35 
(a) Definitions. – The following definitions apply in this section: 36  General Assembly Of North Carolina 	Session 2025 
Page 2  Senate Bill 361-First Edition 
(1) Emergency responder. – Any of the following persons who are discharging or 1 
attempting to discharge their official duties: 2 
a. An emergency medical services personnel, as defined in 3 
G.S. 131E-155. 4 
b. A member of a rescue squad or EMS service. 5 
c. A firefighter. 6 
d. A law enforcement officer. 7 
(2) Expose. – Creating a risk of skin contact, inhalation, ingestion, or contact with 8 
a needlestick or a mucus membrane, including the mouth, eyes, or nose. 9 
(b) Exposure. – A person is guilty of a Class H felony if the person unlawfully and 10 
intentionally possesses fentanyl or any other harmful drug or chemical agent and exposes an 11 
emergency responder to the fentanyl or other harmful drug or chemical agent. 12 
(c) Exposure Causing Serious Bodily Injury. – A person is guilty of a Class G felony if 13 
the person violates subsection (b) of this section and the emergency responder suffers serious 14 
bodily injury as a result of the exposure. 15 
(d) Failure to Notify. – A person is guilty of a Class I felony if the person knows fentanyl 16 
or other harmful drugs or chemical agents are unlawfully present at a location an emergency 17 
responder is responding to and willfully fails to notify the emergency responder of the presence 18 
of the fentanyl or other harmful drug or chemical agent within a reasonable time prior to the 19 
emergency responder arriving at the location. 20 
(e) Separate Offense. – Each violation of this section constitutes a separate offense and 21 
shall not merge with any other offense." 22 
SECTION 2.(c) This section becomes effective December 1, 2025, and applies to 23 
offenses committed on or after that date. 24 
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PART III. APPROPRIATE FUNDS FOR EQUIPMENT T O PROTECT CERTAIN 26 
FIRST RESPONDERS 27 
SECTION 3.(a) There is appropriated from the General Fund to the North Carolina 28 
Office of Emergency Medical Services (NCOEMS) the sum of ten million three hundred fifty 29 
thousand dollars ($10,350,000) in nonrecurring funds for the 2025-2026 fiscal year to be 30 
distributed as grants, upon application, to first responders for the following purposes: 31 
(1) Eight million one hundred thousand dollars ($8,100,000) to be distributed for 32 
the purchase of bulletproof vests for paramedics and emergency medical 33 
technicians. 34 
(2) Two million two hundred fifty thousand dollars ($2,250,000) to be distributed 35 
for the purchase of bulletproof backpack plates for paramedics and emergency 36 
medical technicians. 37 
SECTION 3.(b) For purposes of this section, the term "first responders" means State 38 
and local government agencies and nonprofit corporations providing EMS services through paid 39 
or volunteer emergency medical responders, emergency medical technicians, advanced 40 
emergency medical technicians, or paramedics who are registered with the NCOEMS. 41 
SECTION 3.(c) Notwithstanding any other provision of law to the contrary, the 42 
funds appropriated by this section shall not revert until July 1, 2028. 43 
SECTION 3.(d) This section becomes effective July 1, 2025. 44 
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PART IV. EFFECTIVE DATE 46 
SECTION 4. Except as otherwise provided, this act is effective when it becomes 47 
law. 48