North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S361 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 361
	3	+	S D
	4	+	SENATE BILL DRS45202-MLa-66
	5	+
5	6
6	7
7	8		Short Title: Protecting First Responders Act. (Public)
8	9		Sponsors: Senators Alexander, Britt, and Burgin (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 24, 2025~~
11		-	~~S361 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45202 -MLa-66
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT OR 2
14	15		AFFRAY AGAINST CERTAIN EMERGENCY RESPONDERS AND TO CRIMINALIZE 3
15	16		EXPOSING CERTAIN EMERGENCY RESPONDERS TO FENTANYL OR OTHER 4
16	17		HARMFUL DRUG OR CHEMICAL AGENTS AND TO APPROPRIATE 5
17	18		NONRECURRING FUNDS TO THE NORTH CAROLINA OFFICE OF EMERGENCY 6
18	19		SERVICES TO DISTRIBUTE AS GRANTS TO USE FOR EQUIPMENT TO PROTECT 7
19	20		CERTAIN FIRST RESPONDERS. 8
20	21		The General Assembly of North Carolina enacts: 9
21	22		10
22	23		PART I. TITLE 11
23	24		SECTION 1. This act shall be known and may be cited as the "Protecting First 12
24	25		Responders Act" or the "PROFR Act." 13
25	26		14
26	27		PART II. CRIMINALIZE EXPOSING CERTAIN EMERGENCY RESPONDERS TO 15
27	28		FENTANYL OR OTHER HARMFUL DRUG OR CHEMICAL AGENTS 16
28	29		SECTION 2.(a) G.S. 14-34.6(a) reads as rewritten: 17
29	30		"(a) A person is guilty of a Class I H felony if the person commits an assault or affray 18
30	31		causing physical injury on any of the following persons who are discharging or attempting to 19
31	32		discharge their official duties: 20
32	33		(1) An emergency medical technician or other emergency health care 21
33	34		provider.services personnel, as defined in G.S. 131E-155. 22
34	35		(2) A medical responder.member of a rescue squad or EMS service. 23
35	36		(3) Hospital employee, medical practice employee, licensed health care provider, 24
36	37		or individual under contract to provide services at a hospital or medical 25
37	38		practice.practice, or other emergency health care provider not otherwise 26
38	39		covered under subdivision (1) of this subsection. 27
39	40		… 28
40	41		(5) A firefighter. 29
41	42		(6) Hospital security personnel." 30
42	43		SECTION 2.(b) Article 36 of Chapter 14 of the General Statutes is amended by 31
43	44		adding a new section to read: 32
44	45		"§ 14-286.3. Exposing certain emergency responders to fentanyl or other harmful drug or 33
45	46		chemical agent; failure to notify certain emergency responders of presence of 34
46	47		fentanyl or other harmful drug or chemical agent. 35
47		-	(a) Definitions. – The following definitions apply in this section: 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 361-First Edition
	48	+	(a) Definitions. – The following definitions apply in this section: 36
	49	+	FILED SENATE
	50	+	Mar 20, 2025
	51	+	S.B. 361
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS45202-MLa-66
49	54		(1) Emergency responder. – Any of the following persons who are discharging or 1
50	55		attempting to discharge their official duties: 2
51	56		a. An emergency medical services personnel, as defined in 3
52	57		G.S. 131E-155. 4
53	58		b. A member of a rescue squad or EMS service. 5
54	59		c. A firefighter. 6
55	60		d. A law enforcement officer. 7
56	61		(2) Expose. – Creating a risk of skin contact, inhalation, ingestion, or contact with 8
57	62		a needlestick or a mucus membrane, including the mouth, eyes, or nose. 9
58	63		(b) Exposure. – A person is guilty of a Class H felony if the person unlawfully and 10
59	64		intentionally possesses fentanyl or any other harmful drug or chemical agent and exposes an 11
60	65		emergency responder to the fentanyl or other harmful drug or chemical agent. 12
61	66		(c) Exposure Causing Serious Bodily Injury. – A person is guilty of a Class G felony if 13
62	67		the person violates subsection (b) of this section and the emergency responder suffers serious 14
63	68		bodily injury as a result of the exposure. 15
64	69		(d) Failure to Notify. – A person is guilty of a Class I felony if the person knows fentanyl 16
65	70		or other harmful drugs or chemical agents are unlawfully present at a location an emergency 17
66	71		responder is responding to and willfully fails to notify the emergency responder of the presence 18
67	72		of the fentanyl or other harmful drug or chemical agent within a reasonable time prior to the 19
68	73		emergency responder arriving at the location. 20
69	74		(e) Separate Offense. – Each violation of this section constitutes a separate offense and 21
70	75		shall not merge with any other offense." 22
71	76		SECTION 2.(c) This section becomes effective December 1, 2025, and applies to 23
72	77		offenses committed on or after that date. 24
73	78		25
74	79		PART III. APPROPRIATE FUNDS FOR EQUIPMENT TO PROTECT CERTAIN 26
75	80		FIRST RESPONDERS 27
76	81		SECTION 3.(a) There is appropriated from the General Fund to the North Carolina 28
77	82		Office of Emergency Medical Services (NCOEMS) the sum of ten million three hundred fifty 29
78	83		thousand dollars ($10,350,000) in nonrecurring funds for the 2025-2026 fiscal year to be 30
79	84		distributed as grants, upon application, to first responders for the following purposes: 31
80	85		(1) Eight million one hundred thousand dollars ($8,100,000) to be distributed for 32
81	86		the purchase of bulletproof vests for paramedics and emergency medical 33
82	87		technicians. 34
83	88		(2) Two million two hundred fifty thousand dollars ($2,250,000) to be distributed 35
84	89		for the purchase of bulletproof backpack plates for paramedics and emergency 36
85	90		medical technicians. 37
86	91		SECTION 3.(b) For purposes of this section, the term "first responders" means State 38
87	92		and local government agencies and nonprofit corporations providing EMS services through paid 39
88	93		or volunteer emergency medical responders, emergency medical technicians, advanced 40
89	94		emergency medical technicians, or paramedics who are registered with the NCOEMS. 41
90	95		SECTION 3.(c) Notwithstanding any other provision of law to the contrary, the 42
91	96		funds appropriated by this section shall not revert until July 1, 2028. 43
92	97		SECTION 3.(d) This section becomes effective July 1, 2025. 44
93	98		45
94	99		PART IV. EFFECTIVE DATE 46
95	100		SECTION 4. Except as otherwise provided, this act is effective when it becomes 47
96	101		law. 48