North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S429 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 2
	3	+	S 1
4	4		SENATE BILL 429
5		-	~~Judiciary Committee Substitute Adopted 4/16/25~~
	5	+
6	6
7	7		Short Title: 2025 Public Safety Act. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Senators Britt, B. Newton, and Daniel (Primary Sponsors).
	9	+	Referred to: Rules and Operations of the Senate
10	10		March 25, 2025
11		-	S429 -v-2
	11	+	S429 -v-1
12	12		A BILL TO BE ENTITLED 1
13		-	AN ACT TO MAKE VARIO US CHANGES RELATED T O THE CRIMINAL LAWS OF 2
14		-	NORTH CAROLINA. 3
15		-	The General Assembly of North Carolina enacts: 4
16		-	5
17		-	CREATE NEW CRIMINAL OFFENSE FOR EXPOSING A CHILD TO A 6
18		-	CONTROLLED SUBSTANCE 7
19		-	SECTION 1.(a) Article 39 of Chapter 14 of the General Statutes is amended by 8
20		-	adding a new section to read: 9
21		-	"§ 14-318.7. Exposing a child to a controlled substance. 10
22		-	(a) Definitions. – The following definitions apply in this section: 11
23		-	(1) Child. – Any person who is less than 16 years of age. 12
24		-	(2) Controlled substance. – A controlled substance, controlled substance 13
25		-	analogue, drug, marijuana, narcotic drug, opiate, opioid, opium poppy, poppy 14
26		-	straw, or targeted controlled substance, all as defined in G.S. 90-87. 15
27		-	(3) Ingest. – Any means used to take into the body, to eat or drink, or otherwise 16
28		-	consume or absorb into the body in any way. 17
29		-	(b) A person who knowingly, intentionally, or with reckless disregard for human life 18
30		-	causes or permits a child to be exposed to a controlled substance is guilty of a Class H felony. 19
31		-	(c) A person who knowingly, intentionally, or with reckless disregard for human life 20
32		-	causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests 21
33		-	the controlled substance is guilty of a Class E felony. 22
34		-	(d) A person who knowingly, intentionally, or with reckless disregard for human life 23
35		-	causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests 24
36		-	the controlled substance, resulting in serious physical injury as defined in G.S. 14-318.4, is guilty 25
37		-	of a Class D felony. 26
38		-	(e) A person who knowingly, intentionally, or with reckless disregard for human life 27
39		-	causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests 28
40		-	the controlled substance, resulting in serious bodily injury as defined in G.S. 14-318.4, is guilty 29
41		-	of a Class C felony. 30
42		-	(f) A person who knowingly, intentionally, or with reckless disregard for human life 31
43		-	causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests 32
44		-	the controlled substance, and the ingestion is the proximate cause of death, is guilty of a Class 33
45		-	B1 felony. 34
46		-	(g) The punishments set forth in subsections (b) through (f) of this section apply unless 35
47		-	the conduct is covered under some other provision of law providing greater punishment. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 429-Second Edition
49		-	(h) This section does not apply to a person that intentionally gives a child a controlled 1
50		-	substance that has been prescribed for the child by a licensed medical professional when given 2
51		-	to the child in the prescribed amount and manner." 3
52		-	SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 4
53		-	offenses committed on or after that date. 5
54		-	6
55		-	INCREASE PUNISHMENT FOR POSSESSING A FIREARM OR WEAPON OF MASS 7
56		-	DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR 8
57		-	ATTEMPTED COMMISSION OF A FELONY 9
58		-	SECTION 2.(a) G.S. 14-415.1 reads as rewritten: 10
59		-	"§ 14-415.1. Possession of firearms, etc., by felon prohibited. 11
60		-	(a) It shall be is unlawful for any person who has been convicted of a felony to purchase, 12
61		-	own, possess, or have in his the person's custody, care, or control any firearm or any weapon of 13
62		-	mass death and destruction as defined in G.S. 14-288.8(c). For the purposes of this section, a 14
63		-	firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be 15
64		-	converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any 16
65		-	firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined 17
66		-	in G.S. 14-409.11. 18
67		-	Every person violating the provisions of this section shall be punished as subsection is guilty 19
68		-	of a Class G felon.felony. 20
69		-	(a1) A person who violates subsection (a) of this section during the commission or 21
70		-	attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the 22
71		-	General Statutes is guilty of a Class F felony. 23
72		-	(a2) A person who violates subsection (a) of this section and brandishes a firearm or a 24
73		-	weapon of mass death and destruction during the commission or attempted commission of a 25
74		-	felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a 26
75		-	Class D felony. For the purposes of this subsection, to brandish is to display all or part of the 27
76		-	firearm or weapon of mass death and destruction or otherwise make the presence of the firearm 28
77		-	or weapon of mass death and destruction known to another person. 29
78		-	(a3) A person who violates subsection (a) of this section and discharges a firearm or a 30
79		-	weapon of mass death and destruction during the commission or attempted commission of a 31
80		-	felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a 32
81		-	Class C felony. 33
82		-	(b) Prior convictions which cause disentitlement under this section shall only include: 34
83		-	(1) Felony convictions in North Carolina that occur before, on, or after December 35
84		-	1, 1995; and 36
85		-	(2) Repealed by Session Laws 1995, c. 487, s. 3, effective December 1, 1995. 37
86		-	(3) Violations of criminal laws of other states or of the United States that occur 38
87		-	before, on, or after December 1, 1995, and that are substantially similar to the 39
88		-	crimes covered in subdivision (1) which are punishable where committed by 40
89		-	imprisonment for a term exceeding one year. 41
90		-	When a person is charged under this section, records of prior convictions of any offense, whether 42
91		-	in the courts of this State, or in the courts of any other state or of the United States, shall be 43
92		-	admissible in evidence for the purpose of proving a violation of this section. The term 44
93		-	"conviction" is defined as a final judgment in any case in which felony punishment, or 45
94		-	imprisonment for a term exceeding one year, as the case may be, is authorized, without regard to 46
95		-	the plea entered or to the sentence imposed. A judgment of a conviction of the defendant or a 47
96		-	plea of guilty by the defendant to such an offense certified to a superior court of this State from 48
97		-	the custodian of records of any state or federal court shall be prima facie evidence of the facts so 49
98		-	certified. 50 General Assembly Of North Carolina Session 2025
99		-	Senate Bill 429-Second Edition Page 3
100		-	(c) The indictment charging the defendant under the terms of this section shall be separate 1
101		-	from any indictment charging him with other offenses related to or giving rise to a charge under 2
102		-	this section. An indictment which charges the person with violation of this section must set forth 3
103		-	the date that the prior offense was committed, the type of offense and the penalty therefor, and 4
104		-	the date that the defendant was convicted or plead guilty to such offense, the identity of the court 5
105		-	in which the conviction or plea of guilty took place and the verdict and judgment rendered 6
106		-	therein. 7
107		-	(d) This section does not apply to a person who, pursuant to the law of the jurisdiction in 8
108		-	which the conviction occurred, has been pardoned or has had his or her firearms rights restored 9
109		-	if such restoration of rights could also be granted under North Carolina law. 10
110		-	(e) This section does not apply and there is no disentitlement under this section if the 11
111		-	felony conviction is a violation under the laws of North Carolina, another state, or the United 12
112		-	States that pertains to antitrust violations, unfair trade practices, or restraints of trade." 13
113		-	SECTION 2.(b) This section becomes effective December 1, 2025, and applies to 14
114		-	offenses committed on or after that date. 15
115		-	16
116		-	REVISE LAWS PERTAINING TO THE DISCLOSURE AND RELEASE OF AUTOPSY 17
117		-	INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE CHIEF 18
118		-	MEDICAL EXAMINER 19
119		-	SECTION 3.(a) G.S. 130A-385 reads as rewritten: 20
120		-	"§ 130A-385. Duties of medical examiner upon receipt of notice; reports; copies. 21
121		-	… 22
122		-	(d) Upon request by the district attorney, the Office of the Chief Medical Examiner, the 23
123		-	local medical examiner, and the autopsy center, as applicable, shall provide a complete copy of 24
124		-	the medical examiner investigation file to the appropriate district attorney. For purposes of this 25
125		-	subsection, the "medical examiner investigation file" means the finalized toxicology report, the 26
126		-	finalized autopsy report, any autopsy examination notes, any death scene notes, the finalized 27
127		-	report of investigation of a medical examiner, the case encounter form, any case comments, any 28
128		-	case notes, any autopsy photographs, any scene photographs, and any video or audio recordings 29
129		-	of the autopsy examination in the custody and control of the North Carolina Office of the Chief 30
130		-	Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical 31
131		-	examiner appointed under G.S. 130A-382, or an investigating medical examiner examiner, or an 32
132		-	autopsy center in connection with a death under criminal investigation by a public law 33
133		-	enforcement agency. Each records custodian shall be is responsible for providing the portions of 34
134		-	the medical examiner investigation file within its custody and control. This is a continuing 35
135		-	disclosure obligation, and each records custodian shall provide to the district attorney any records 36
136		-	or other materials responsive to the district attorney's request that are discovered or added to the 37
137		-	medical examiner investigation file after the request was made shall also be provided to the 38
138		-	district attorney. has been made. The district attorney or investigating law enforcement agency 39
139		-	shall inform the Chief Medical Examiner, the county medical examiner, or the autopsy center, 40
140		-	Examiner, the county medical examiner appointed under G.S. 130A-382, the investigating 41
141		-	medical examiner, and the autopsy center, as applicable, if when the death is no longer under 42
142		-	criminal investigation and the continuing disclosure obligation is has terminated. 43
143		-	(d1) Upon notice from the investigating public law enforcement agency or prosecuting 44
144		-	district attorney that a death is under criminal investigation or the subject of a criminal 45
145		-	prosecution, any records, worksheets, reports, photographs, tests, or analyses compiled, prepared, 46
146		-	or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief 47
147		-	Medical Examiner, a county medical examiner appointed under G.S. 130A-382, an investigating 48
148		-	medical examiner, or an autopsy center, including any autopsy photographs or video or audio 49
149		-	recordings, related to that death shall be treated as records of criminal investigations pursuant to 50
150		-	G.S. 132-1.4. Autopsy photographs or video or audio records subject to the provisions of this 51 General Assembly Of North Carolina Session 2025
151		-	Page 4 Senate Bill 429-Second Edition
152		-	subsection may only be disclosed or released pursuant to G.S. 130A-389.1. A finalized 1
153		-	toxicology report, finalized autopsy report, or finalized report of investigation of a medical 2
154		-	examiner subject to the provisions of this subsection may only be disclosed or released as follows 3
155		-	and recipients of reports pursuant to the following subdivisions may not disclose the reports to 4
156		-	the public unless otherwise authorized by law: 5
157		-	(1) The custodian of the finalized reports may release a copy at a time and location 6
158		-	determined by the custodial agency (i) to a personal representative of the 7
159		-	decedent's estate to enable the personal representative to fulfill his or her 8
160		-	duties under the law, (ii) to a beneficiary of a benefit or claim associated with 9
161		-	the decedent for purposes of receiving the benefit or resolving the claim, or 10
162		-	(iii) to the decedent's spouse, child or stepchild, parent or stepparent, sibling, 11
163		-	or legal guardian. 12
164		-	(2) The Office of the Chief Medical Examiner, a pathologist designated by the 13
165		-	Chief Medical Examiner, a county medical examiner appointed under 14
166		-	G.S. 130A-382, an investigating medical examiner, or an autopsy center is not 15
167		-	prohibited from disclosing or releasing information or reports when necessary 16
168		-	to conduct a thorough and complete death investigation, to consult with 17
169		-	outside physicians and other professionals during the death investigation, and 18
170		-	to conduct necessary toxicological screenings. 19
171		-	(3) When disclosing information to the investigating public law enforcement 20
172		-	agency or prosecuting district attorney. 21
173		-	(4) When disclosing or releasing information or reports is necessary (i) to address 22
174		-	public health or safety concerns, (ii) for public health purposes, including 23
175		-	public health surveillance, investigations, interventions, and evaluations, (iii) 24
176		-	to facilitate research, (iv) to comply with reporting requirements under State 25
177		-	or federal law or in connection with State or federal grants, or (v) to comply 26
178		-	with any other duties imposed by law. 27
179		-	(d2) Records and materials subject to the provisions of subsection (d1) of this section shall 28
180		-	continue to be records of criminal investigations pursuant to G.S. 132-1.4 until the Office of the 29
181		-	Chief Medical Examiner, county medical examiner, or autopsy center that is custodian of the 30
182		-	records receives notification from the investigating public law enforcement agency or the 31
183		-	prosecuting district attorney of the conclusion of the criminal investigation or prosecution or the 32
184		-	decision to terminate the criminal investigation of the death. The notification required by this 33
185		-	section shall be made on a form created by the Administrative Office of the Courts and completed 34
186		-	by either the investigating public law enforcement agency or the prosecuting district attorney. 35
187		-	The Chief Medical Examiner, county medical examiner, or autopsy center may rely on a 36
188		-	completed notification form conveyed by a third party. The Office of the Chief Medical Examiner 37
189		-	and its staff, the county medical examiner, and the autopsy center and its staff shall have no 38
190		-	criminal or civil liability for relying on a notice provided pursuant to this subsection. 39
191		-	(d3) Except as provided in subsection (d4) of this section, any records, worksheets, reports, 40
192		-	photographs, tests, or analyses compiled, prepared, or conducted by the Office of the Chief 41
193		-	Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical 42
194		-	examiner appointed under G.S. 130A-382, an investigating medical examiner, or an autopsy 43
195		-	center in connection with the death of a child who was under 18 years of age at the time of death, 44
196		-	including any autopsy photographs or video or audio recordings, are confidential and may be 45
197		-	disclosed or released only with the prior written consent of the deceased child's parent or guardian 46
198		-	or a person standing in loco parentis to the deceased child or as follows: 47
199		-	(1) The custodian of the finalized autopsy report may release a copy at a time and 48
200		-	location determined by the custodial agency to a personal representative of the 49
201		-	decedent's estate to enable the personal representative to fulfill his or her 50
202		-	duties under the law. 51 General Assembly Of North Carolina Session 2025
203		-	Senate Bill 429-Second Edition Page 5
204		-	(2) The Office of the Chief Medical Examiner, a pathologist designated by the 1
205		-	Chief Medical Examiner, a county medical examiner appointed under 2
206		-	G.S. 130A-382, an investigating medical examiner, or an autopsy center is not 3
207		-	prohibited from disclosing or releasing information or reports when necessary 4
208		-	to address public health or safety concerns; for public health purposes, 5
209		-	including public health surveillance, investigations, interventions, and 6
210		-	evaluations; to facilitate research; to comply with reporting requirements 7
211		-	under State or federal law or in connection with State or federal grants; or to 8
212		-	comply with any other duties imposed by law. 9
213		-	(3) The custodian of the finalized autopsy report and any related documents shall, 10
214		-	upon request, release copies of the report and those documents to the surviving 11
215		-	spouse of the deceased, the deceased's parents, any adult children of the 12
216		-	deceased, any legal guardian or custodian of the deceased, any legal guardian 13
217		-	or custodian of a child of the deceased, or any person holding power of 14
218		-	attorney or healthcare attorney for the deceased. 15
219		-	(4) The legal representatives of any person authorized to receive records under 16
220		-	this section. 17
221		-	Notwithstanding the provisions of this subsection, any materials that are subject to the 18
222		-	provisions of subsection (d1) of this section may only be disclosed pursuant to that subsection 19
223		-	while the death is under criminal investigation by a public law enforcement agency or during the 20
224		-	pendency of criminal charges associated with a death. 21
225		-	(d4) When any records or materials are subject to the provisions of both subsections (d1) 22
226		-	and (d3) of this section, the records and materials shall not be disclosed or released except as 23
227		-	authorized by subsection (d1) of this section until the Office of the Chief Medical Examiner, 24
228		-	county medical examiner, or autopsy center that is custodian of the records or materials has 25
229		-	received notification of the conclusion of the criminal investigation or prosecution or the decision 26
230		-	to terminate the criminal investigation of the death pursuant to subsection (d2) of this section. 27
231		-	(d5) Any person who willfully and knowingly discloses or releases records or materials in 28
232		-	violation of subsection (d1) or (d3) of this section, or who willfully and knowingly possesses or 29
233		-	disseminates records or materials that were disclosed or released in violation of subsection (d1) 30
234		-	or (d3) of this section, is guilty of a Class 1 misdemeanor; provided, however, that more than one 31
235		-	occurrence of disclosure, release, possession, or dissemination of the same item by the same 32
236		-	person is not a separate offense. No person shall be guilty of a Class 1 misdemeanor under this 33
237		-	subsection for disclosing, releasing, possessing, or disseminating records or materials if, at the 34
238		-	time of the disclosure, release, possession, or dissemination, notice that the record or material is 35
239		-	record of a criminal investigation had not been provided as required by subsection (d1) of this 36
240		-	section. As used in this subsection, the term "disclose" means the act of making records or 37
241		-	materials available for viewing or listening by a person or entity upon request, at a time and 38
242		-	location chosen by the custodial agency, and the term "release" means the act of the custodial 39
243		-	agency in providing a copy of records or materials. 40
244		-	(d6) Any other person or entity seeking disclosure or release of records or materials 41
245		-	covered under subsection (d1) or (d3) of this section may commence a special proceeding in the 42
246		-	superior court of the county where the death that is the subject of the records or materials occurred 43
247		-	to obtain a court order for disclosure or release of the records or materials. The court may conduct 44
248		-	an in-camera review of the records or materials. Upon a showing of good cause, a superior court 45
249		-	judge may issue an order authorizing the disclosure or release of the records or materials and 46
250		-	may prescribe any restrictions or stipulations that the superior court judge deems appropriate. 47
251		-	The petitioner shall provide reasonable notice of the commencement of the special proceeding 48
252		-	and reasonable notice of the opportunity to be present and heard at any hearing on the matter in 49
253		-	accordance with Rule 5 of the Rules of Civil Procedure. The notice shall be provided, in writing, 50
254		-	to all of the following: 51 General Assembly Of North Carolina Session 2025
255		-	Page 6 Senate Bill 429-Second Edition
256		-	(1) The Office of the Chief Medical Examiner. 1
257		-	(2) The district attorney of the county in which the death occurred. 2
258		-	(3) The personal representative of the estate of the deceased, if any. 3
259		-	(4) If the record or material is subject to the provisions of subsection (d1) of this 4
260		-	section, the surviving spouse of the deceased. If there is no surviving spouse, 5
261		-	then the notice shall be provided to the deceased's parents, and if the deceased 6
262		-	has no living parent, then to the adult child of the deceased or to the guardian 7
263		-	or custodian of a minor child of the deceased. 8
264		-	(5) If the record or material is subject to the provisions of subsection (d2) of this 9
265		-	section, to the deceased child's parents or guardian, or to the person standing 10
266		-	in loco parentis to the deceased child. 11
267		-	In determining good cause, the judge shall consider whether the disclosure or release is 12
268		-	necessary for the public evaluation of governmental performance, the seriousness of the intrusion 13
269		-	into the family's right to privacy, whether the requested disclosure or release is the least intrusive 14
270		-	means available, the need to withhold the records to facilitate the investigation or prosecution of 15
271		-	criminal offenses, the rights of the defendant in any ongoing criminal investigation or 16
272		-	prosecution, the public interest in having access to the records or materials, and the availability 17
273		-	of similar information in other public records, regardless of form. A party aggrieved by an order 18
274		-	of the superior court authorized by this subsection may appeal in accordance with Article 27 of 19
275		-	Chapter 1 of the General Statutes. 20
276		-	(e) In cases where death occurred due to an injury received in the course of the decedent's 21
277		-	employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of 22
278		-	the medical examiner's report of the investigation, including the location of the fatal injury and 23
279		-	the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical 24
280		-	Examiner shall forward this report within 30 days of receipt of the information from the medical 25
281		-	examiner. Upon written request by the Commissioner of Labor, the Chief Medical Examiner 26
282		-	shall provide the finalized autopsy report within five months of the date of the request. 27
283		-	(f) If a death occurred in a facility licensed subject to Article 2 or Article 3 of Chapter 28
284		-	122C of the General Statutes, or Articles 1 or 1A of Chapter 131D of the General Statutes, and 29
285		-	the deceased was a client or resident of the facility or a recipient of facility services at the time 30
286		-	of death, then the Chief Medical Examiner shall forward a copy of the medical examiner's report 31
287		-	to the Secretary of Health and Human Services within 30 days of after receipt of the report from 32
288		-	the medical examiner." 33
289		-	SECTION 3.(b) G.S. 130A-389(a) reads as rewritten: 34
290		-	"(a) The Chief Medical Examiner or a competent pathologist designated by the Chief 35
291		-	Medical Examiner shall perform an autopsy or other study in each of the following cases: 36
292		-	(1) If, in the opinion of the medical examiner investigating the case or of the Chief 37
293		-	Medical Examiner, it is advisable and in the public interest that an autopsy or 38
294		-	other study be made. 39
295		-	(2) If an autopsy or other study is requested by the district attorney of the county 40
296		-	or by any superior court judge. 41
297		-	(3) Notwithstanding subdivision (2) of this subsection, in any case in which the 42
298		-	district attorney of the county asserts to the Chief Medical Examiner or the 43
299		-	medical examiner of the county in which the body was located that there is 44
300		-	probable cause to believe that a violation of G.S. 14-18.4 has occurred, a 45
301		-	complete autopsy shall be performed. The district attorney has at least 72 46
302		-	weekday hours after pronouncement of death by a person authorized under 47
303		-	this Part to express the opinion that death has occurred to make the assertion 48
304		-	required by this subdivision, provided that the district attorney or the 49
305		-	investigating law enforcement agency provides notification within the first 24 50
306		-	hours after the pronouncement that such an assertion might be made. The 51 General Assembly Of North Carolina Session 2025
307		-	Senate Bill 429-Second Edition Page 7
308		-	district attorney may, but is not required to, assert to the Chief Medical 1
309		-	Examiner the facts supporting probable cause to believe that a violation of 2
310		-	G.S. 14-18.4 has occurred. 3
311		-	A complete autopsy report of findings and interpretations, prepared on forms designated for 4
312		-	the purpose, shall be submitted promptly to the Chief Medical Examiner. Subject to the 5
313		-	limitations of G.S. 130A-389.1 relating to photographs and video or audio recordings of an 6
314		-	autopsy, a copy of the report shall be furnished to any person upon request.request unless the 7
315		-	report is protected from disclosure or release under subsection (d1) or (d3) of G.S. 130A-385." 8
316		-	SECTION 3.(c) G.S. 130A-389.1 reads as rewritten: 9
317		-	"§ 130A-389.1. Photographs and video or audio recordings made pursuant to autopsy. 10
318		-	(a) Except as otherwise provided by law, law and excluding (i) any records or materials 11
319		-	treated as records of criminal investigations under G.S. 130A-385(d1) and (ii) any confidential 12
320		-	materials in connection with the death of a child who was under 18 years of age at the time of 13
321		-	death that a parent or guardian or person standing in loco parentis elects to protect from disclosure 14
322		-	or release under G.S. 130A-385(d3), any person may inspect and examine original photographs 15
323		-	or video or audio recordings of an autopsy performed pursuant to G.S. 130A-389(a) at reasonable 16
324		-	times and under reasonable supervision of the custodian of the photographs or recordings. Except 17
325		-	as otherwise provided by this section, no custodian of the original recorded images shall furnish 18
326		-	copies of photographs or video or audio recordings of an autopsy to the public. For purposes of 19
327		-	this section, the Chief Medical Examiner shall be the custodian of all autopsy photographs or 20
328		-	video or audio recordings unless the photographs or recordings were taken by or at the direction 21
329		-	of an investigating medical examiner and the investigating medical examiner retains the original 22
330		-	photographs or recordings. If Except in cases in which the records or materials are protected from 23
331		-	disclosure or release under subsection (d1) or (d3) of G.S. 130A-385, if the investigating medical 24
332		-	examiner has retained the original photographs or recordings, then the investigating medical 25
333		-	examiner is the custodian of the photographs or video or audio recordings and must shall allow 26
334		-	the public to inspect and examine them in accordance with this subsection. 27
335		-	… 28
336		-	(d) A person who is denied access to copies of photographs or video or audio recordings, 29
337		-	or who is restricted in the use the person may make of the photographs or video or audio 30
338		-	recordings under this section, may commence a special proceeding in accordance with Article 33 31
339		-	of Chapter 1 of the General Statutes. Upon a showing of good cause, the clerk may issue an order 32
340		-	authorizing the person to copy or disclose a photograph or video or audio recording of an autopsy 33
341		-	and may prescribe any restrictions or stipulations that the clerk deems appropriate. In determining 34
342		-	good cause, the clerk shall consider whether the disclosure is necessary for the public evaluation 35
343		-	of governmental performance; the seriousness of the intrusion into the family's right to privacy 36
344		-	and whether the disclosure is the least intrusive means available; and the availability of similar 37
345		-	information in other public records, regardless of form. In all cases, the viewing, copying, 38
346		-	listening to, or other handling of a photograph or video or audio recording of an autopsy shall be 39
347		-	under the direct supervision of the Chief Medical Examiner or the Chief Medical Examiner's 40
348		-	designee. A party aggrieved by an order of the clerk may appeal to the appropriate court in 41
349		-	accordance with Article 27A of Chapter 1 of the General Statutes. This subsection does not apply 42
350		-	to autopsy photographs or video or audio recordings that are (i) treated as records of criminal 43
351		-	investigations under G.S. 130A-385(d1), which may be disclosed or released to other persons or 44
352		-	entities only in accordance with G.S. 130A-385(d2) or (d6), or (ii) of a deceased child that was 45
353		-	under 18 years of age at the time of death that a parent or guardian or person standing in loco 46
354		-	parentis elects to protect from disclosure or release under G.S. 130A-385(d3), which may be 47
355		-	disclosed or released to other persons or entities only with the prior consent of the deceased 48
356		-	child's parent or guardian or person standing in loco parentis, or in accordance with 49
357		-	G.S. 130A-385(d6). 50
358		-	…." 51 General Assembly Of North Carolina Session 2025
359		-	Page 8 Senate Bill 429-Second Edition
360		-	SECTION 3.(d) G.S. 132-1.8 reads as rewritten: 1
361		-	"§ 132-1.8. Confidentiality of photographs and video or audio recordings made pursuant 2
362		-	to autopsy. 3
363		-	Except as otherwise provided in G.S. 130A-389.1, a photograph or video or audio recording 4
364		-	of an official autopsy is not a public record as defined by G.S. 132-1. However, the text of an 5
365		-	official autopsy report, including any findings and interpretations prepared in accordance with 6
366		-	G.S. 130A-389(a), is a public record and fully accessible by the public. public, unless the report 7
367		-	is protected from disclosure or release under subsection (d1) or (d3) of G.S. 130A-385. For 8
368		-	purposes of this section, an official autopsy is an autopsy performed pursuant to 9
369		-	G.S. 130A-389(a)." 10
370		-	SECTION 3.(e) This section becomes effective October 1, 2025. 11
371		-	12
372		-	INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF 13
373		-	SOLICITATION OF MINORS BY COMPUTER 14
374		-	SECTION 4.(a) G.S. 14-202.3(c) reads as rewritten: 15
375		-	"(c) Punishment. – A violation of this section is punishable as follows: 16
376		-	(1) A Except as otherwise provided in this subsection, a first violation of this 17
377		-	section is a Class H felony except as provided by subdivision (2) of this 18
378		-	subsection.Class G felony. A second or subsequent violation of this section, 19
379		-	or a first violation of this section committed when the defendant had a prior 20
380		-	conviction in any federal or state court in the United States that is substantially 21
381		-	similar to the offense set forth in this section, is a Class E felony. 22
382		-	(2) If either the defendant, or any other person for whom the defendant was 23
383		-	arranging the meeting in violation of this section, actually appears at the 24
384		-	meeting location, then the violation is a Class G felony.Class D felony." 25
385		-	SECTION 4.(b) This section becomes effective December 1, 2025, and applies to 26
386		-	offenses committed on or after that date. 27
387		-	28
388		-	REVISE THE LAW GOVERNING THE GRANTING OF IMMUNITY TO WITNESSES 29
389		-	SECTION 5.(a) G.S. 15A-1052(b) reads as rewritten: 30
390		-	"(b) The application may be made whenever, in the judgment of the district attorney, the 31
391		-	witness has asserted or is likely to assert his the witness's privilege against self-incrimination and 32
392		-	his the witness's testimony or other information is or will be necessary to the public interest. 33
393		-	Before making application to the judge, the district attorney must inform the Attorney General, 34
394		-	or a deputy or assistant attorney general designated by him, of the circumstances and his intent 35
395		-	to make an application." 36
396		-	SECTION 5.(b) G.S. 15A-1053(b) reads as rewritten: 37
397		-	"(b) The application may be made when the district attorney has been informed by the 38
398		-	foreman of the grand jury that the witness has asserted his the witness's privilege against 39
399		-	self-incrimination and the district attorney determines that the testimony or other information is 40
400		-	necessary to the public interest. Before making application to the judge, the district attorney must 41
401		-	inform the Attorney General, or a deputy or assistant attorney general designated by him, of the 42
402		-	circumstances and his intent to make an application." 43
403		-	SECTION 5.(c) This section is effective when it becomes law and applies to 44
404		-	applications made on or after that date. 45
405		-	46
406		-	REQUIRE CERTAIN PETITIONS PERTAINING TO SEX OFFENDER 47
407		-	REGISTRATION BE PLACED ON THE CRIMINAL DOCKET 48
408		-	SECTION 6.(a) G.S. 14-208.12A(a) reads as rewritten: 49
409		-	"§ 14-208.12A. Request for termination of registration requirement. 50 General Assembly Of North Carolina Session 2025
410		-	Senate Bill 429-Second Edition Page 9
	13	+	AN ACT TO SET LIMITS ON MOTIONS FOR APPROPRIATE RELIEF IN NONCAPITAL 2
	14	+	CASES; TO BAN HEMP -DERIVED CONSUMABLE PR ODUCTS FROM SCHOOL 3
	15	+	GROUNDS; TO CREATE A NEW CRIMINAL OFFENSE FOR EXPOSING A CHILD TO 4
	16	+	A CONTROLLED SUBSTAN CE; TO INCREASE THE PUNISHMENT FOR 5
	17	+	POSSESSING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY 6
	18	+	A FELON DURING THE C OMMISSION OR ATTEMPT ED COMMISSION OF A 7
	19	+	FELONY; TO REVISE LAWS PERTAINING TO THE DISCLOSURE AND RELE ASE 8
	20	+	OF AUTOPSY INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE 9
	21	+	CHIEF MEDICAL EXAMIN ER; TO INCREASE THE PUNISHMENT FOR 10
	22	+	COMMITTING THE OFFEN SE OF SOLICITATION OF MINORS BY COMPUTER ; TO 11
	23	+	REVISE THE LAW GOVERNING THE GRANTING OF IMMUNITY TO WITNESSES; 12
	24	+	TO REQUIRE CERTAIN P ETITIONS PERTAINING TO SEX OFFENDER 13
	25	+	REGISTRATION BE PLACED O N THE CRIMINAL DOCKE T; TO CLARIFY THE 14
	26	+	STANDING OF DISTRICT ATTORNEYS IN CERTAIN CASES; TO ALLOW PERSONS 15
	27	+	OUTSIDE OF THIS STATE TO FILE FOR A DOMESTIC VIOLENCE PROTECTION 16
	28	+	ORDER; TO REVISE THE REQUIREMENT UNDER T HE CRIME VICTIMS 17
	29	+	COMPENSATION ACT THAT CRIMINALLY INJURIOUS CONDUCT BE REPORTED 18
	30	+	TO LAW ENFORCEMENT W ITHIN SEVENTY-TWO HOURS OF ITS OCCURRENCE; 19
	31	+	TO REVISE THE CRIMIN AL OFFENSE OF SECRET LY PEEPING INTO ROOM 20
	32	+	OCCUPIED BY ANOTHER PERSON; TO REVISE THE LAW PROHIBITING SEXUAL 21
	33	+	ACTIVITY BY A SUBSTITUTE PARENT OR CUSTODIAN TO INCLUDE RELIGIOUS 22
	34	+	ORGANIZATIONS OR INS TITUTIONS; TO ESTABL ISH AN OFFENSE FOR 23
	35	+	WRONGFULLY ENTERING A PART OF A BUILDING NOT OPEN TO THE PUBLIC; 24
	36	+	TO ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS; TO REVISE THE 25
	37	+	ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT 26
	38	+	CARDS; TO ALLOW UNLI CENSED LAW SCHOOL GR ADUATES TO PRACTICE 27
	39	+	LAW UNDER SUPERVISIO N; TO CLARIFY THAT F ELONY SCHOOL 28
	40	+	NOTIFICATIONS ARE LIMITED TO CLASS A THROUGH CLASS E FELONIES; TO 29
	41	+	ALLOW THE TRANSFER O F BIOLOGICAL EVIDENCE BACK TO THE 30
	42	+	COLLECTING AGENCY FO R PRESERVATION; TO REVISE THE LAW GOVERNING 31
	43	+	THE RECORDING OF COU RT PROCEEDINGS; TO INCREASE THE PUNISHME NT 32
	44	+	FOR COMMITTING THE O FFENSE OF FAILURE TO YIELD THAT RESULTS IN 33
	45	+	SERIOUS BODILY INJURY; AND TO INCREASE THE PENALTY FOR FAILURE TO 34
	46	+	YIELD THE RIGHT-OF-WAY TO A BLIND OR PARTIALLY BLIND PEDESTRIAN. 35
	47	+	The General Assembly of North Carolina enacts: 36 General Assembly Of North Carolina Session 2025
	48	+	Page 2 Senate Bill 429-First Edition
	49	+	1
	50	+	SET LIMITS ON MOTIONS FOR APPROPRIATE RELIEF IN NONCAPITAL CASES 2
	51	+	SECTION 1.(a) G.S. 15A-1415 reads as rewritten: 3
	52	+	"§ 15A-1415. Grounds for appropriate relief which may be asserted by defendant after 4
	53	+	verdict; limitation as to time. 5
	54	+	(a) At any time after verdict, a noncapital defendant by motion may seek appropriate 6
	55	+	relief upon any of the grounds enumerated in this section. In a capital case, a defendant may file 7
	56	+	a postconviction motion for appropriate relief shall be filed based on any of the grounds 8
	57	+	enumerated in this section within 120 days from the latest of any of the following: 9
	58	+	(1) The court's judgment has been filed, but the defendant failed to perfect a 10
	59	+	timely appeal;appeal. 11
	60	+	(2) The mandate issued by a court of the appellate division on direct appeal 12
	61	+	pursuant to N.C.R. App. P. 32(b) and the time for filing a petition for writ of 13
	62	+	certiorari to the United States Supreme Court has expired without a petition 14
	63	+	being filed;filed. 15
	64	+	(3) The United States Supreme Court denied a timely petition for writ of certiorari 16
	65	+	of the decision on direct appeal by the Supreme Court of North 17
	66	+	Carolina;Carolina. 18
	67	+	(4) Following the denial of discretionary review by the Supreme Court of North 19
	68	+	Carolina, the United States Supreme Court denied a timely petition for writ of 20
	69	+	certiorari seeking review of the decision on direct appeal by the North 21
	70	+	Carolina Court of Appeals;Appeals. 22
	71	+	(5) The United States Supreme Court granted the defendant's or the State's timely 23
	72	+	petition for writ of certiorari of the decision on direct appeal by the Supreme 24
	73	+	Court of North Carolina or North Carolina Court of Appeals, but subsequently 25
	74	+	left the defendant's conviction and sentence undisturbed; orundisturbed. 26
	75	+	(6) The appointment of postconviction counsel for an indigent capital defendant. 27
	76	+	(a1) In a noncapital case, a defendant may file a postconviction motion for appropriate 28
	77	+	relief based on any of the grounds enumerated in this section within 120 days from the latest of 29
	78	+	any of the events listed in subdivisions (1) through (5) of subsection (a) of this section. 30
	79	+	…." 31
	80	+	SECTION 1.(b) G.S. 15A-1419(a)(4) reads as rewritten: 32
	81	+	"(4) The defendant failed to file a timely motion for appropriate relief as required 33
	82	+	by G.S. 15A-1415(a).subsection (a) or (a1) of G.S. 15A-1415." 34
	83	+	SECTION 1.(c) This section becomes effective December 1, 2025, and applies to 35
	84	+	verdicts entered on or after that date. 36
	85	+	37
	86	+	PROHIBIT USE OF HEMP -DERIVED CONSUMABLE PRODUCTS ON SCHOOL 38
	87	+	GROUNDS 39
	88	+	SECTION 2.(a) The title of Article 29A of Chapter 115C of the General Statutes 40
	89	+	reads as rewritten: 41
	90	+	"Article 29A. 42
	91	+	"Policy Prohibiting Use Of Tobacco Tobacco and Hemp-Derived Consumable Products." 43
	92	+	SECTION 2.(b) G.S. 115C-407 reads as rewritten: 44
	93	+	"§ 115C-407. Policy prohibiting tobacco use in school buildings, grounds, and at 45
	94	+	school-sponsored events. 46
	95	+	(a) Not later than August 1, 2008, local boards of education Governing bodies of public 47
	96	+	school units shall adopt, implement, and enforce adopt a written policy prohibiting at all times 48
	97	+	the use of any tobacco product by any person in school buildings, in school facilities, on school 49
	98	+	campuses, and in or on any other school property owned or operated by the local school 50
	99	+	administrative public school unit. The policy shall further prohibit the use of all tobacco products 51 General Assembly Of North Carolina Session 2025
	100	+	Senate Bill 429-First Edition Page 3
	101	+	by persons attending a school-sponsored event at a location not listed in this subsection when in 1
	102	+	the presence of students or school personnel or in an area where smoking is otherwise prohibited 2
	103	+	by law. 3
	104	+	(b) The policy shall include at least all of the following elements: 4
	105	+	(1) Adequate notice to students, parents, the public, and school personnel of the 5
	106	+	policy. 6
	107	+	(2) Posting of signs prohibiting at all times the use of tobacco products by any 7
	108	+	person in and on school property. 8
	109	+	(3) Requirements that school personnel enforce the policy. 9
	110	+	(c) The policy may permit tobacco products to be included in instructional or research 10
	111	+	activities in public school buildings if the activity is conducted or supervised by the faculty 11
	112	+	member overseeing the instruction or research and the activity does not include smoking, 12
	113	+	chewing, or otherwise ingesting the tobacco product. 13
	114	+	(d) The North Carolina Health and Wellness Trust Fund Commission shall work with 14
	115	+	local boards of education to provide assistance with the implementation of this policy including 15
	116	+	providing information regarding smoking cessation and prevention resources. Nothing in this 16
	117	+	section, G.S. 143-595 through G.S. 143-601, or any other section prohibits a local board of 17
	118	+	education governing body of a public school unit from adopting and enforcing a more restrictive 18
	119	+	policy on the use of tobacco in school buildings, in school facilities, on school campuses, or at 19
	120	+	school-related or school-sponsored events, and in or on other school property." 20
	121	+	SECTION 2.(c) Article 29A of Chapter 115C of the General Statutes is amended by 21
	122	+	adding a new section to read: 22
	123	+	"§ 115C-407.1. Policy prohibiting use of hemp-derived consumable products in school 23
	124	+	buildings, grounds, and at school-sponsored events. 24
	125	+	(a) For purposes of this section, the term "hemp-derived consumable product" is a hemp 25
	126	+	product that is a finished good intended for human ingestion or inhalation that contains a delta-9 26
	127	+	THC concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis but 27
	128	+	may contain concentrations of other hemp-derived cannabinoids in excess of that amount. This 28
	129	+	term does not include hemp products intended for topical application or seeds or seed-derived 29
	130	+	ingredients that are generally recognized as safe by the United States Food and Drug 30
	131	+	Administration (FDA). 31
	132	+	(b) Governing bodies of public school units shall adopt a written policy prohibiting at all 32
	133	+	times the use of any hemp-derived consumable product by any person in school buildings, in 33
	134	+	school facilities, on school campuses, on school buses or school transportation service vehicles, 34
	135	+	and in or on any other school property owned or operated by the public school unit. The policy 35
	136	+	shall further prohibit the use of all hemp-derived consumable products by persons attending a 36
	137	+	school-sponsored event at a location not listed in this subsection when in the presence of students 37
	138	+	or school personnel or in an area where the use of hemp-derived consumable products is 38
	139	+	otherwise prohibited by law. 39
	140	+	(c) The policy shall include at least all of the following elements: 40
	141	+	(1) Adequate notice to students, parents, the public, and school personnel of the 41
	142	+	policy. 42
	143	+	(2) Posting of signs prohibiting at all times the use of hemp-derived consumable 43
	144	+	products by any person in and on school property. 44
	145	+	(3) Requirements that school personnel enforce the policy. 45
	146	+	(d) The policy may permit hemp-derived consumable products to be included in 46
	147	+	instructional or research activities in public school buildings if the activity is conducted or 47
	148	+	supervised by the faculty member overseeing the instruction or research and the activity does not 48
	149	+	include smoking, chewing, or otherwise ingesting or inhaling the hemp-derived consumable 49
	150	+	product. 50 General Assembly Of North Carolina Session 2025
	151	+	Page 4 Senate Bill 429-First Edition
	152	+	(e) Nothing in this section, G.S. 143-595 through G.S. 143-601, or any other section 1
	153	+	prohibits a governing body of a public school unit from adopting and enforcing a more restrictive 2
	154	+	policy on the use of hemp-derived consumable products in school buildings, in school facilities, 3
	155	+	on school campuses, or at school-related or school-sponsored events, and in or on other school 4
	156	+	property." 5
	157	+	SECTION 2.(d) G.S. 115C-218.75 is amended by adding a new subsection to read: 6
	158	+	"(a1) Policies Prohibiting Use of Tobacco, Hemp-Derived Consumable Products. – A 7
	159	+	charter school shall adopt policies prohibiting use of tobacco and hemp-derived consumable 8
	160	+	products in school buildings, grounds, on school buses or school transportation service vehicles, 9
	161	+	and at school-sponsored events in accordance with Article 29A of this Chapter." 10
	162	+	SECTION 2.(e) G.S. 115C-238.66 is amended by adding a new subdivision to read: 11
	163	+	"(7h) Policies prohibiting use of tobacco and hemp-derived consumable products. – 12
	164	+	A regional school shall adopt policies prohibiting use of tobacco and 13
	165	+	hemp-derived consumable products in school buildings, grounds, on school 14
	166	+	buses or school transportation service vehicles, and at school-sponsored 15
	167	+	events in accordance with Article 29A of this Chapter." 16
	168	+	SECTION 2.(f) G.S. 115C-150.12C is amended by adding a new subdivision to 17
	169	+	read: 18
	170	+	"(15a) Policies prohibiting use of tobacco and hemp-derived consumable products. – 19
	171	+	The board of trustees shall adopt policies prohibiting use of tobacco and 20
	172	+	hemp-derived consumable products in school buildings, grounds, on school 21
	173	+	buses or school transportation service vehicles, and at school-sponsored 22
	174	+	events in accordance with Article 29A of this Chapter." 23
	175	+	SECTION 2.(g) G.S. 116-239.8(b) is amended by adding a new subdivision to read: 24
	176	+	"(9a) Policies prohibiting use of tobacco and hemp-derived consumable products. – 25
	177	+	The chancellor shall adopt policies prohibiting use of tobacco and 26
	178	+	hemp-derived consumable products in school buildings, grounds, on school 27
	179	+	buses or school transportation service vehicles, and at school-sponsored 28
	180	+	events in accordance with Article 29A of Chapter 115C of the General 29
	181	+	Statutes." 30
	182	+	SECTION 2.(h) Subdivision (21) of Section 6(d) of S.L. 2018-32 reads as rewritten: 31
	183	+	"(21) Article 29A, Policy Prohibiting Use of Tobacco Tobacco and Hemp-Derived 32
	184	+	Consumable Products." 33
	185	+	SECTION 2.(i) This section is effective when it becomes law and applies beginning 34
	186	+	with the 2026-2027 school year. 35
	187	+	36
	188	+	CREATE NEW CRIMINAL OFFENSE FOR EXPOSING A CHILD TO A 37
	189	+	CONTROLLED SUBSTANCE 38
	190	+	SECTION 3.(a) Article 39 of Chapter 14 of the General Statutes is amended by 39
	191	+	adding a new section to read: 40
	192	+	"§ 14-318.7. Exposing a child to a controlled substance. 41
	193	+	(a) Definitions. – The following definitions apply in this section: 42
	194	+	(1) Child. – Any person who is less than 16 years of age. 43
	195	+	(2) Controlled substance. – A controlled substance, controlled substance 44
	196	+	analogue, drug, marijuana, narcotic drug, opiate, opioid, opium poppy, poppy 45
	197	+	straw, or targeted controlled substance, all as defined in G.S. 90-87. 46
	198	+	(3) Ingest. – Any means used to take into the body, to eat or drink, or otherwise 47
	199	+	consume, or absorb into the body in any way. 48
	200	+	(4) Serious bodily injury. – As defined in G.S. 14-318.4. 49
	201	+	(5) Serious physical injury. – As defined in G.S. 14-318.4. 50 General Assembly Of North Carolina Session 2025
	202	+	Senate Bill 429-First Edition Page 5
	203	+	(b) A person who knowingly, recklessly, or intentionally causes or permits a child to be 1
	204	+	exposed to a controlled substance is guilty of a Class H felony. 2
	205	+	(c) A person who knowingly, recklessly, or intentionally causes or permits a child to be 3
	206	+	exposed to a controlled substance, and as a result the child ingests the controlled substance, is 4
	207	+	guilty of a Class E felony. 5
	208	+	(d) A person who knowingly, recklessly, or intentionally causes or permits a child to be 6
	209	+	exposed to a controlled substance, and as a result the child ingests the controlled substance, 7
	210	+	resulting in serious physical injury, is guilty of a Class D felony. 8
	211	+	(e) A person who knowingly, recklessly, or intentionally causes or permits a child to be 9
	212	+	exposed to a controlled substance, and as a result the child ingests the controlled substance, 10
	213	+	resulting in serious bodily injury, is guilty of a Class C felony. 11
	214	+	(f) A person who knowingly, recklessly, or intentionally causes or permits a child to be 12
	215	+	exposed to a controlled substance, and as a result the child ingests the controlled substance, and 13
	216	+	the ingestion is the proximate cause of death, is guilty of a Class B1 felony. 14
	217	+	(g) The punishments set forth in subsections (b) through (f) of this section apply unless 15
	218	+	the conduct is covered under some other provision of law providing greater punishment." 16
	219	+	SECTION 3.(b) This section becomes effective December 1, 2025, and applies to 17
	220	+	offenses committed on or after that date. 18
	221	+	19
	222	+	INCREASE PUNISHMENT FOR POSSESSING A FIREARM OR WEAPON OF MASS 20
	223	+	DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR 21
	224	+	ATTEMPTED COMMISSION OF A FELONY 22
	225	+	SECTION 4.(a) G.S. 14-415.1 reads as rewritten: 23
	226	+	"§ 14-415.1. Possession of firearms, etc., by felon prohibited. 24
	227	+	(a) It shall be is unlawful for any person who has been convicted of a felony to purchase, 25
	228	+	own, possess, or have in his the person's custody, care, or control any firearm or any weapon of 26
	229	+	mass death and destruction as defined in G.S. 14-288.8(c). For the purposes of this section, a 27
	230	+	firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be 28
	231	+	converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any 29
	232	+	firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined 30
	233	+	in G.S. 14-409.11. 31
	234	+	Every person violating the provisions of this section shall be punished as subsection is guilty 32
	235	+	of a Class G felon.felony. 33
	236	+	(a1) A person who violates subsection (a) of this section during the commission or 34
	237	+	attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the 35
	238	+	General Statutes is guilty of a Class F felony. 36
	239	+	(a2) A person who violates subsection (a) of this section and brandishes a firearm or a 37
	240	+	weapon of mass death and destruction during the commission or attempted commission of a 38
	241	+	felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a 39
	242	+	Class D felony. For the purposes of this subsection, to brandish is to display all or part of the 40
	243	+	firearm or weapon of mass death and destruction or otherwise make the presence of the firearm 41
	244	+	or weapon of mass death and destruction known to another person. 42
	245	+	(a3) A person who violates subsection (a) of this section and discharges a firearm or a 43
	246	+	weapon of mass death and destruction during the commission or attempted commission of a 44
	247	+	felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a 45
	248	+	Class C felony. 46
	249	+	(b) Prior convictions which cause disentitlement under this section shall only include: 47
	250	+	(1) Felony convictions in North Carolina that occur before, on, or after December 48
	251	+	1, 1995; and 49
	252	+	(2) Repealed by Session Laws 1995, c. 487, s. 3, effective December 1, 1995. 50 General Assembly Of North Carolina Session 2025
	253	+	Page 6 Senate Bill 429-First Edition
	254	+	(3) Violations of criminal laws of other states or of the United States that occur 1
	255	+	before, on, or after December 1, 1995, and that are substantially similar to the 2
	256	+	crimes covered in subdivision (1) which are punishable where committed by 3
	257	+	imprisonment for a term exceeding one year. 4
	258	+	When a person is charged under this section, records of prior convictions of any offense, whether 5
	259	+	in the courts of this State, or in the courts of any other state or of the United States, shall be 6
	260	+	admissible in evidence for the purpose of proving a violation of this section. The term 7
	261	+	"conviction" is defined as a final judgment in any case in which felony punishment, or 8
	262	+	imprisonment for a term exceeding one year, as the case may be, is authorized, without regard to 9
	263	+	the plea entered or to the sentence imposed. A judgment of a conviction of the defendant or a 10
	264	+	plea of guilty by the defendant to such an offense certified to a superior court of this State from 11
	265	+	the custodian of records of any state or federal court shall be prima facie evidence of the facts so 12
	266	+	certified. 13
	267	+	(c) The indictment charging the defendant under the terms of this section shall be separate 14
	268	+	from any indictment charging him with other offenses related to or giving rise to a charge under 15
	269	+	this section. An indictment which charges the person with violation of this section must set forth 16
	270	+	the date that the prior offense was committed, the type of offense and the penalty therefor, and 17
	271	+	the date that the defendant was convicted or plead guilty to such offense, the identity of the court 18
	272	+	in which the conviction or plea of guilty took place and the verdict and judgment rendered 19
	273	+	therein. 20
	274	+	(d) This section does not apply to a person who, pursuant to the law of the jurisdiction in 21
	275	+	which the conviction occurred, has been pardoned or has had his or her firearms rights restored 22
	276	+	if such restoration of rights could also be granted under North Carolina law. 23
	277	+	(e) This section does not apply and there is no disentitlement under this section if the 24
	278	+	felony conviction is a violation under the laws of North Carolina, another state, or the United 25
	279	+	States that pertains to antitrust violations, unfair trade practices, or restraints of trade." 26
	280	+	SECTION 4.(b) This section becomes effective December 1, 2025, and applies to 27
	281	+	offenses committed on or after that date. 28
	282	+	29
	283	+	REVISE LAWS PERTAINING TO THE DISCLOSURE AND RELEASE OF AUTOPSY 30
	284	+	INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE CHIEF 31
	285	+	MEDICAL EXAMINER 32
	286	+	SECTION 5.(a) G.S. 130A-385 reads as rewritten: 33
	287	+	"§ 130A-385. Duties of medical examiner upon receipt of notice; reports; copies. 34
	288	+	… 35
	289	+	(d) Upon request by the district attorney, the Office of the Chief Medical Examiner, the 36
	290	+	local medical examiner, and the autopsy center, as applicable, shall provide a complete copy of 37
	291	+	the medical examiner investigation file to the appropriate district attorney. For purposes of this 38
	292	+	subsection, the "medical examiner investigation file" means the finalized toxicology report, the 39
	293	+	finalized autopsy report, any autopsy examination notes, any death scene notes, the finalized 40
	294	+	report of investigation of a medical examiner, the case encounter form, any case comments, any 41
	295	+	case notes, any autopsy photographs, any scene photographs, and any video or audio recordings 42
	296	+	of the autopsy examination in the custody and control of the North Carolina Office of the Chief 43
	297	+	Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical 44
	298	+	examiner appointed under G.S. 130A-382, or an investigating medical examiner examiner, or an 45
	299	+	autopsy center in connection with a death under criminal investigation by a public law 46
	300	+	enforcement agency. Each records custodian shall be is responsible for providing the portions of 47
	301	+	the medical examiner investigation file within its custody and control. This is a continuing 48
	302	+	disclosure obligation, and each records custodian shall provide to the district attorney any records 49
	303	+	or other materials responsive to the district attorney's request that are discovered or added to the 50
	304	+	medical examiner investigation file after the request was made shall also be provided to the 51 General Assembly Of North Carolina Session 2025
	305	+	Senate Bill 429-First Edition Page 7
	306	+	district attorney. has been made. The district attorney or investigating law enforcement agency 1
	307	+	shall inform the Chief Medical Examiner, the county medical examiner, or the autopsy center, 2
	308	+	Examiner, the county medical examiner appointed under G.S. 130A-382, the investigating 3
	309	+	medical examiner, and the autopsy center, as applicable, if when the death is no longer under 4
	310	+	criminal investigation and the continuing disclosure obligation is has terminated. 5
	311	+	(d1) Any records, worksheets, reports, photographs, tests, or analyses compiled, prepared, 6
	312	+	or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief 7
	313	+	Medical Examiner, a county medical examiner appointed under G.S. 130A-382, an investigating 8
	314	+	medical examiner, or an autopsy center in connection with a death under criminal investigation 9
	315	+	by a public law enforcement agency or during the pendency of criminal charges associated with 10
	316	+	a death, including any autopsy photographs or video or audio recordings, shall be treated as 11
	317	+	records of criminal investigations pursuant to G.S. 132-1.4 and only be disclosed or released to 12
	318	+	individuals listed in G.S. 130A-389.1(b) and as follows: 13
	319	+	(1) The custodian of the finalized autopsy report may release a copy at a time and 14
	320	+	location determined by the custodial agency to a personal representative of the 15
	321	+	decedent's estate to enable the personal representative to fulfill his or her 16
	322	+	duties under the law. 17
	323	+	(2) The Office of the Chief Medical Examiner, a pathologist designated by the 18
	324	+	Chief Medical Examiner, a county medical examiner appointed under 19
	325	+	G.S. 130A-382, an investigating medical examiner, or an autopsy center is not 20
	326	+	prohibited from disclosing or releasing information or reports when necessary 21
	327	+	to address public health or safety concerns; for public health purposes, 22
	328	+	including public health surveillance, investigations, interventions, and 23
	329	+	evaluations; to facilitate research; to comply with reporting requirements 24
	330	+	under State or federal law or in connection with State or federal grants; or to 25
	331	+	comply with any other duties imposed by law. 26
	332	+	Any person who willfully and knowingly discloses or releases materials treated as records of 27
	333	+	criminal investigations in violation of this subsection, or who willfully and knowingly possesses 28
	334	+	or disseminates materials treated as records of criminal investigations that were disclosed or 29
	335	+	released in violation of this subsection, is guilty of a Class 1 misdemeanor; provided, however, 30
	336	+	that more than one occurrence of disclosure, release, possession, or dissemination of the same 31
	337	+	item by the same person is not a separate offense. As used in this subsection, the term "disclose" 32
	338	+	means the act of making materials treated as records of criminal investigation under this 33
	339	+	subsection available for viewing or listening by a person or entity upon request, at a time and 34
	340	+	location chosen by the custodial agency, and the term "release" means the act of the custodial 35
	341	+	agency in providing a copy of materials treated as records of criminal investigation under this 36
	342	+	subsection. 37
	343	+	(d2) Any other person or entity seeking disclosure or release of materials treated as records 38
	344	+	of criminal investigations under subsection (d1) of this section may commence a special 39
	345	+	proceeding in the superior court of the county where the death that is the subject of the materials 40
	346	+	occurred to obtain a court order for disclosure or release of the materials. The court may conduct 41
	347	+	an in-camera review of the materials. Upon a showing of good cause, a superior court judge may 42
	348	+	issue an order authorizing the disclosure or release of the materials and may prescribe any 43
	349	+	restrictions or stipulations that the superior court judge deems appropriate. The petitioner shall 44
	350	+	provide reasonable notice of the commencement of the special proceeding and reasonable notice 45
	351	+	of the opportunity to be present and heard at any hearing on the matter in accordance with Rule 46
	352	+	5 of the Rules of Civil Procedure. The notice shall be provided, in writing, to the Office of the 47
	353	+	Chief Medical Examiner, the district attorney of the county in which the death occurred, the 48
	354	+	personal representative of the estate of the deceased, if any, and the surviving spouse of the 49
	355	+	deceased. If there is no surviving spouse, then the notice shall be provided to the deceased's 50
	356	+	parents, and if the deceased has no living parent, then to the adult child of the deceased or to the 51 General Assembly Of North Carolina Session 2025
	357	+	Page 8 Senate Bill 429-First Edition
	358	+	guardian or custodian of a minor child of the deceased. In determining good cause, the judge 1
	359	+	shall consider whether the disclosure or release is necessary for the public evaluation of 2
	360	+	governmental performance, the seriousness of the intrusion into the family's right to privacy, 3
	361	+	whether the requested disclosure or release is the least intrusive means available, the need to 4
	362	+	withhold the records to facilitate the investigation or prosecution of criminal offenses, the rights 5
	363	+	of the defendant in any ongoing criminal investigation or prosecution, the public interest in 6
	364	+	having access to the records, and the availability of similar information in other public records, 7
	365	+	regardless of form. A party aggrieved by an order of the superior court authorized by this 8
	366	+	subsection may appeal in accordance with Article 27 of Chapter 1 of the General Statutes. 9
	367	+	(e) In cases where death occurred due to an injury received in the course of the decedent's 10
	368	+	employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of 11
	369	+	the medical examiner's report of the investigation, including the location of the fatal injury and 12
	370	+	the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical 13
	371	+	Examiner shall forward this report within 30 days of receipt of the information from the medical 14
	372	+	examiner. 15
	373	+	(f) If a death occurred in a facility licensed subject to Article 2 or Article 3 of Chapter 16
	374	+	122C of the General Statutes, or Articles 1 or 1A of Chapter 131D of the General Statutes, and 17
	375	+	the deceased was a client or resident of the facility or a recipient of facility services at the time 18
	376	+	of death, then the Chief Medical Examiner shall forward a copy of the medical examiner's report 19
	377	+	to the Secretary of Health and Human Services within 30 days of after receipt of the report from 20
	378	+	the medical examiner." 21
	379	+	SECTION 5.(b) G.S. 130A-389.1 reads as rewritten: 22
	380	+	"§ 130A-389.1. Photographs and video or audio recordings made pursuant to autopsy. 23
	381	+	(a) Except as otherwise provided by law, law and excluding any materials treated as 24
	382	+	records of criminal investigations under G.S. 130A-385(d1), any person may inspect and 25
	383	+	examine original photographs or video or audio recordings of an autopsy performed pursuant to 26
	384	+	G.S. 130A-389(a) at reasonable times and under reasonable supervision of the custodian of the 27
	385	+	photographs or recordings. Except as otherwise provided by this section, no custodian of the 28
	386	+	original recorded images shall furnish copies of photographs or video or audio recordings of an 29
	387	+	autopsy to the public. For purposes of this section, the Chief Medical Examiner shall be the 30
	388	+	custodian of all autopsy photographs or video or audio recordings unless the photographs or 31
	389	+	recordings were taken by or at the direction of an investigating medical examiner and the 32
	390	+	investigating medical examiner retains the original photographs or recordings. If Except in cases 33
	391	+	in which the materials are treated as records of criminal investigations under G.S. 130A-385(d1), 34
	392	+	if the investigating medical examiner has retained the original photographs or recordings, then 35
	393	+	the investigating medical examiner is the custodian of the photographs or video or audio 36
	394	+	recordings and must shall allow the public to inspect and examine them in accordance with this 37
	395	+	subsection. 38
	396	+	… 39
	397	+	(d) A person who is denied access to copies of photographs or video or audio recordings, 40
	398	+	or who is restricted in the use the person may make of the photographs or video or audio 41
	399	+	recordings under this section, may commence a special proceeding in accordance with Article 33 42
	400	+	of Chapter 1 of the General Statutes. Upon a showing of good cause, the clerk may issue an order 43
	401	+	authorizing the person to copy or disclose a photograph or video or audio recording of an autopsy 44
	402	+	and may prescribe any restrictions or stipulations that the clerk deems appropriate. In determining 45
	403	+	good cause, the clerk shall consider whether the disclosure is necessary for the public evaluation 46
	404	+	of governmental performance; the seriousness of the intrusion into the family's right to privacy 47
	405	+	and whether the disclosure is the least intrusive means available; and the availability of similar 48
	406	+	information in other public records, regardless of form. In all cases, the viewing, copying, 49
	407	+	listening to, or other handling of a photograph or video or audio recording of an autopsy shall be 50
	408	+	under the direct supervision of the Chief Medical Examiner or the Chief Medical Examiner's 51 General Assembly Of North Carolina Session 2025
	409	+	Senate Bill 429-First Edition Page 9
	410	+	designee. A party aggrieved by an order of the clerk may appeal to the appropriate court in 1
	411	+	accordance with Article 27A of Chapter 1 of the General Statutes. This subsection does not apply 2
	412	+	to autopsy photographs or video or audio recordings that are treated as records of criminal 3
	413	+	investigations under G.S. 130A-385(d1), which may be disclosed or released to other persons or 4
	414	+	entities only in accordance with G.S. 130A-385(d2). 5
	415	+	…." 6
	416	+	SECTION 5.(c) G.S. 132-1.8 reads as rewritten: 7
	417	+	"§ 132-1.8. Confidentiality of photographs and video or audio recordings made pursuant 8
	418	+	to autopsy. 9
	419	+	Except as otherwise provided in G.S. 130A-389.1, a photograph or video or audio recording 10
	420	+	of an official autopsy is not a public record as defined by G.S. 132-1. However, the text of an 11
	421	+	official autopsy report, including any findings and interpretations prepared in accordance with 12
	422	+	G.S. 130A-389(a), is a public record and fully accessible by the public. public, unless the report 13
	423	+	is treated as a record of criminal investigation under G.S. 130A-385(d1). For purposes of this 14
	424	+	section, an official autopsy is an autopsy performed pursuant to G.S. 130A-389(a)." 15
	425	+	SECTION 5.(d) This section becomes effective October 1, 2025. 16
	426	+	17
	427	+	INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF 18
	428	+	SOLICITATION OF MINORS BY COMPUTER 19
	429	+	SECTION 6.(a) G.S. 14-202.3(c) reads as rewritten: 20
	430	+	"(c) Punishment. – A violation of this section is punishable as follows: 21
	431	+	(1) A violation is a Class H E felony except as provided by subdivision (2) of this 22
	432	+	subsection. 23
	433	+	(2) If either the defendant, or any other person for whom the defendant was 24
	434	+	arranging the meeting in violation of this section, actually appears at the 25
	435	+	meeting location, then the violation is a Class G C felony." 26
	436	+	SECTION 6.(b) This section becomes effective December 1, 2025, and applies to 27
	437	+	offenses committed on or after that date. 28
	438	+	29
	439	+	REVISE THE LAW GOVERNING THE GRANTING OF IMMUNITY TO WITNESSES 30
	440	+	SECTION 7.(a) G.S. 15A-1052(b) reads as rewritten: 31
	441	+	"(b) The application may be made whenever, in the judgment of the district attorney, the 32
	442	+	witness has asserted or is likely to assert his the witness's privilege against self-incrimination and 33
	443	+	his the witness's testimony or other information is or will be necessary to the public interest. 34
	444	+	Before making application to the judge, the district attorney must inform the Attorney General, 35
	445	+	or a deputy or assistant attorney general designated by him, of the circumstances and his intent 36
	446	+	to make an application." 37
	447	+	SECTION 7.(b) G.S. 15A-1053(b) reads as rewritten: 38
	448	+	"(b) The application may be made when the district attorney has been informed by the 39
	449	+	foreman of the grand jury that the witness has asserted his the witness's privilege against 40
	450	+	self-incrimination and the district attorney determines that the testimony or other information is 41
	451	+	necessary to the public interest. Before making application to the judge, the district attorney must 42
	452	+	inform the Attorney General, or a deputy or assistant attorney general designated by him, of the 43
	453	+	circumstances and his intent to make an application." 44
	454	+	SECTION 7.(c) This section is effective when it becomes law and applies to 45
	455	+	applications made on or after that date. 46
	456	+	47
	457	+	REQUIRE CERTAIN PETITIONS PERTAINING TO SEX OFFENDER 48
	458	+	REGISTRATION BE PLACED ON THE CRIMINAL DOCKET 49
	459	+	SECTION 8.(a) G.S. 14-208.12A(a) reads as rewritten: 50
	460	+	"§ 14-208.12A. Request for termination of registration requirement. 51 General Assembly Of North Carolina Session 2025
	461	+	Page 10 Senate Bill 429-First Edition
411	462		(a) Ten years from the date of initial county registration, a person required to register 1
412	463		under this Part may petition the superior court to terminate the 30-year registration requirement 2
413	464		if the person has not been convicted of a subsequent offense requiring registration under this 3
414	465		Article. 4
415	466		If the reportable conviction is for an offense that occurred in North Carolina, the petition shall 5
416	467		be filed in the district where the person was convicted of the offense. 6
417	468		If the reportable conviction is for an offense that occurred in another state, the petition shall 7
418	469		be filed in the district where the person resides. A person who petitions to terminate the 8
419	470		registration requirement for a reportable conviction that is an out-of-state offense shall also do 9
420	471		the following: (i) provide written notice to the sheriff of the county where the person was 10
421	472		convicted that the person is petitioning the court to terminate the registration requirement and (ii) 11
422	473		include with the petition at the time of its filing, an affidavit, signed by the petitioner, that verifies 12
423	474		that the petitioner has notified the sheriff of the county where the person was convicted of the 13
424	475		petition and that provides the mailing address and contact information for that sheriff. 14
425	476		Regardless of where the offense occurred, if the defendant was convicted of a reportable 15
426	477		offense in any federal court, the conviction will be treated as an out-of-state offense for the 16
427	478		purposes of this section. 17
428	479		The clerk of court, upon receipt of the petition, shall collect the applicable filing fee and place 18
429	480		the petition on the criminal docket to be calendared by the district attorney pursuant to 19
430	481		G.S. 7A-49.4." 20
431		-	SECTION 6.(b) G.S. 14-208.12B(b) reads as rewritten: 21
	482	+	SECTION 8.(b) G.S. 14-208.12B(b) reads as rewritten: 21
432	483		"(b) The petition shall be filed in the county in which the person resides using a form 22
433	484		created by the Administrative Office of the Courts. The petition must be filed with the clerk of 23
434	485		court within 30 days of the person's receipt of the notification of the requirement to register from 24
435	486		the sheriff. The person filing the petition must serve a copy of the petition on the office of the 25
436	487		district attorney and the sheriff in the county where the person resides within three days of filing 26
437	488		the petition with the clerk of court. The clerk, upon receipt of the petition, shall collect the 27
438	489		applicable filing fee and place the petition on the criminal docket to be calendared by the district 28
439	490		attorney pursuant to G.S. 7A-49.4. The petition shall be calendared at the next regularly 29
440	491		scheduled term of superior court. At the first setting, the petitioner must be advised of the right 30
441	492		to have counsel present at the hearing and to the appointment of counsel if the petitioner cannot 31
442	493		afford to retain counsel. Appointment of counsel shall be in accordance with rules adopted by 32
443	494		the Office of Indigent Defense Services." 33
444		-	SECTION 6.(c) This section becomes effective December 1, 2025, and applies to 34
	495	+	SECTION 8.(c) This section becomes effective December 1, 2025, and applies to 34
445	496		petitions filed on or after that date. 35
446	497		36
447	498		ALLOW PERSONS OUTSIDE OF THIS STATE TO FILE FOR A DOM ESTIC 37
448	499		VIOLENCE PROTECTION ORDER 38
449		-	SECTION 7.(a) G.S. 50B-2(a) reads as rewritten: 39
	500	+	SECTION 9.(a) G.S. 50B-2(a) reads as rewritten: 39
450	501		"(a) Any person residing in this State State, or seeking relief for acts that have occurred in 40
451	502		this State and the defendant resides in this State, may seek relief under this Chapter by filing a 41
452	503		civil action or by filing a motion in any existing action filed under Chapter 50 of the General 42
453	504		Statutes alleging acts of domestic violence against himself or herself or a minor child who resides 43
454	505		with or is in the custody of such person. Any aggrieved party entitled to relief under this Chapter 44
455	506		may file a civil action and proceed pro se, without the assistance of legal counsel. The district 45
456	507		court division of the General Court of Justice shall have original jurisdiction over actions 46
457	508		instituted under this Chapter. Any action for a domestic violence protective order requires that a 47
458	509		summons be issued and served. The summons issued pursuant to this Chapter shall require the 48
459	510		defendant to answer within 10 days of the date of service. Attachments to the summons shall 49
460	511		include the complaint, notice of hearing, any temporary or ex parte order that has been issued, 50
461	512		and other papers through the appropriate law enforcement agency where the defendant is to be 51 General Assembly Of North Carolina Session 2025
462		-	~~Page 10~~ Senate Bill 429-~~Second~~ Edition
	513	+	Senate Bill 429-First Edition Page 11
463	514		served. In compliance with the federal Violence Against Women Act, no court costs or attorneys' 1
464	515		fees shall be assessed for the filing, issuance, registration, or service of a protective order or 2
465	516		petition for a protective order or witness subpoena, except as provided in G.S. 1A-1, Rule 11." 3
466		-	SECTION 7.(b) This section becomes effective December 1, 2025, and applies to 4
	517	+	SECTION 9.(b) This section becomes effective December 1, 2025, and applies to 4
467	518		civil actions or motions filed on or after that date. 5
468	519		6
469	520		REVISE REQUIREMENT UNDER THE CRIME VICTIMS COMPENSATION ACT 7
470	521		THAT CRIMINALLY INJURIOUS CONDUCT BE REPORTED TO LAW 8
471	522		ENFORCEMENT WITHIN 72 HOURS OF ITS OCCURRENCE 9
472		-	SECTION 8.(a) G.S. 15B-11(a) reads as rewritten: 10
	523	+	SECTION 10.(a) G.S. 15B-11(a) reads as rewritten: 10
473	524		"(a) An award of compensation shall be denied if:if any of the following apply: 11
474	525		(1) The claimant fails to file an application for an award within two years after 12
475	526		the date of the criminally injurious conduct that caused the injury or death for 13
476	527		which the claimant seeks the award;award. 14
477	528		(2) The economic loss is incurred after one year from the date of the criminally 15
478	529		injurious conduct that caused the injury or death for which the victim seeks 16
479	530		the award, except in the case where the victim for whom compensation is 17
480	531		sought was 10 years old or younger at the time the injury occurred. In that 18
481	532		case an award of compensation will be denied if the economic loss is incurred 19
482	533		after two years from the date of the criminally injurious conduct that caused 20
483	534		the injury or death for which the victim seeks the award;award. 21
484	535		(3) The criminally injurious conduct was not reported to a law enforcement 22
485	536		officer or agency within 72 hours six months of its occurrence, and there was 23
486	537		no good cause for the delay;delay. 24
487	538		(4) The award would benefit the offender or the offender's accomplice, unless a 25
488	539		determination is made that the interests of justice require that an award be 26
489	540		approved in a particular case;case. 27
490	541		(5) The criminally injurious conduct occurred while the victim was confined in 28
491	542		any State, county, or city prison, correctional, youth services, or juvenile 29
492	543		facility, or local confinement facility, or half-way house, group home, or 30
493	544		similar facility; orfacility. 31
494	545		(6) The victim was participating in a felony at or about the time that the victim's 32
495	546		injury occurred." 33
496		-	SECTION 8.(b) This section is effective when it becomes law and applies to 34
	547	+	SECTION 10.(b) This section is effective when it becomes law and applies to 34
497	548		applications filed on or after that date. 35
498	549		36
499	550		REVISE CRIMINAL OFFENSE OF SECRETLY PEEPING INTO ROOM OCCUPIED 37
500	551		BY ANOTHER PERSON 38
501		-	SECTION 9.(a) G.S. 14-202 reads as rewritten: 39
	552	+	SECTION 11.(a) G.S. 14-202 reads as rewritten: 39
502	553		"§ 14-202. Secretly peeping into room occupied by another person. 40
503	554		(a) Any person who shall peep secretly into any room occupied by another person shall 41
504	555		be guilty of a Class 1 misdemeanor. 42
505	556		(a1) Unless covered by another provision of law providing greater punishment, any person 43
506	557		who secretly or surreptitiously peeps underneath or through the clothing being worn by another 44
507	558		person, through the use of a mirror or other device, for the purpose of viewing the body of, or the 45
508	559		undergarments worn by, that other person without their consent shall be guilty of a Class 1 46
509	560		misdemeanor. 47
510	561		(b) For purposes of this section:The following definitions apply in this section: 48
511	562		(1) The term "photographic image" means any Photographic image. – Any 49
512	563		photograph or photographic reproduction, still or moving, or any videotape, 50 General Assembly Of North Carolina Session 2025
513		-	Senate Bill 429-~~Second~~ Edition ~~Page 11~~
	564	+	Page 12 Senate Bill 429-First Edition
514	565		motion picture, or live television transmission, or any digital image of any 1
515	566		individual. 2
516		-	(2) The term "room" shall include, Private area of an individual. – The naked or 3
517		-	undergarment clad genitals, pubic area, buttocks, or female breast of that 4
518		-	individual. 5
519		-	(3) Room. – Includes, but is not limited to, a bedroom, a rest room, a bathroom, a 6
520		-	shower, and a dressing room.room, a dressing stall, a cubicle, or other similar 7
521		-	area designed to provide privacy. 8
522		-	(4) Under circumstances in which that individual has a reasonable expectation of 9
523		-	privacy. – Means either of the following: 10
524		-	a. Circumstances in which a reasonable person would believe that he or 11
525		-	she could disrobe in privacy, without being concerned that a 12
526		-	photographic image of a private area of the individual was being 13
527		-	created. 14
528		-	b. Circumstances in which a reasonable person would believe that a 15
529		-	private area of the individual would not be visible to the public, 16
530		-	regardless of whether that person is in a public or private place. 17
531		-	(c) Unless covered by another provision of law providing greater punishment, any person 18
532		-	who, while in possession of any device which may be used to create a photographic image, image 19
533		-	and with the intent to create a photographic image, shall secretly peep into any room shall be 20
534		-	guilty of a Class A1 misdemeanor. 21
535		-	(d) Unless covered by another provision of law providing greater punishment, any person 22
536		-	who, while secretly peeping into any room, uses any device to create a photographic image of 23
537		-	another person in that room for the purpose of arousing or gratifying the sexual desire of any 24
538		-	person shall be guilty of a Class I felony. 25
539		-	(e) Any person who secretly or surreptitiously uses any device to create a photographic 26
540		-	image of another person underneath or through the clothing being worn by that other person for 27
541		-	the purpose of viewing the body of, or the undergarments worn by, that other person without 28
542		-	their consent shall be guilty of a Class I felony. 29
543		-	(e1) Unless covered under some other provision of law providing greater punishment, any 30
544		-	person who, with the intent to create a photographic image of a private area of an individual 31
545		-	without the individual's consent, knowingly does so under circumstances in which the individual 32
546		-	has a reasonable expectation of privacy shall be guilty of a Class I felony. 33
547		-	(f) Any person who, for the purpose of arousing or gratifying the sexual desire of any 34
548		-	person, secretly or surreptitiously uses or installs in a room any device that can be used to create 35
549		-	a photographic image with the intent to capture the image of another without their consent shall 36
550		-	be guilty of a Class I felony. 37
551		-	(g) Any person who knowingly possesses a photographic image that the person knows, 38
552		-	or has reason to believe, was obtained in violation of this section shall be guilty of a Class I 39
553		-	felony. 40
554		-	(h) Any person who disseminates or allows to be disseminated images that the person 41
555		-	knows, or should have known, were obtained as a result of the violation of this section shall be 42
556		-	guilty of a Class H felony if the dissemination is without the consent of the person in the 43
557		-	photographic image. 44
558		-	(i) A second or subsequent felony conviction under this section shall be punished as 45
559		-	though convicted of an offense one class higher. A second or subsequent conviction for a Class 46
560		-	1 misdemeanor shall be punished as a Class A1 misdemeanor. A second or subsequent conviction 47
561		-	for a Class A1 misdemeanor shall be punished as a Class I felony. 48
562		-	(j) If the defendant is placed on probation as a result of violation of this section: 49 General Assembly Of North Carolina Session 2025
563		-	Page 12 Senate Bill 429-Second Edition
564		-	(1) For a first conviction under this section, the judge may impose a requirement 1
565		-	that the defendant obtain a psychological evaluation and comply with any 2
566		-	treatment recommended as a result of that evaluation. 3
567		-	(2) For a second or subsequent conviction under this section, the judge shall 4
568		-	impose a requirement that the defendant obtain a psychological evaluation and 5
569		-	comply with any treatment recommended as a result of that evaluation. 6
570		-	(k) Any person whose image is captured or disseminated in violation of this section has 7
571		-	a civil cause of action against any person who captured or disseminated the image or procured 8
572		-	any other person to capture or disseminate the image and is entitled to recover from those persons 9
573		-	actual damages, punitive damages, reasonable attorneys' fees and other litigation costs reasonably 10
574		-	incurred. 11
575		-	(l) When a person violates subsection (d), (e), (e1), (f), (g), or (h) of this section, or is 12
576		-	convicted of a second or subsequent violation of subsection (a), (a1), or (c) of this section, the 13
577		-	sentencing court shall consider whether the person is a danger to the community and whether 14
578		-	requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 15
579		-	further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 16
580		-	the person is a danger to the community and that the person shall register, then an order shall be 17
581		-	entered requiring the person to register. 18
582		-	(m) The provisions of subsections (a), (a1), (c), (e), (e1), (g), (h), and (k) of this section 19
583		-	do not apply to:to either of the following: 20
584		-	(1) Law enforcement officers while discharging or attempting to discharge their 21
585		-	official duties; orduties. 22
586		-	(2) Personnel of the Division of Prisons of the Department of Adult Correction or 23
587		-	of a local confinement facility for security purposes or during investigation of 24
588		-	alleged misconduct by a person in the custody of the Division or the local 25
589		-	confinement facility. 26
590		-	(n) This section does not affect the legal activities of those who are licensed pursuant to 27
591		-	Chapter 74C, Private Protective Services, or Chapter 74D, Alarm Systems, of the General 28
592		-	Statutes, who are legally engaged in the discharge of their official duties within their respective 29
593		-	professions, and who are not engaging in activities for an improper purpose as described in this 30
594		-	section." 31
595		-	SECTION 9.(b) This section becomes effective December 1, 2025, and applies to 32
596		-	offenses committed on or after that date. 33
597		-	34
598		-	REVISE LAW PROHIBITING SEXUAL ACTIVITY BY A SUBSTITUTE PARENT OR 35
599		-	CUSTODIAN TO INCLUDE RELIGIOUS ORGANIZATIONS OR INSTITUTIONS 36
600		-	SECTION 10.(a) G.S. 14-27.31 reads as rewritten: 37
601		-	"§ 14-27.31. Sexual activity by a substitute parent or custodian. 38
602		-	(a) If a defendant who has assumed the position of a parent in the home of a minor victim 39
603		-	engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, 40
604		-	the defendant is guilty of a Class E felony. 41
605		-	(b) If a person having custody of a victim of any age or a person who is an agent or 42
606		-	employee of any person, or institution, including a religious organization or institution, whether 43
607		-	such institution is private, charitable, or governmental, having custody of a victim of any age 44
608		-	engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class 45
609		-	E felony. 46
610		-	(c) Consent is not a defense to a charge under this section. 47
611		-	(d) As used in this section, "custody" means the care, control, or supervision of a minor 48
612		-	by any adult who, by virtue of their position, role, employment, volunteer status, or relationship 49
613		-	to a minor, exercises supervisory authority or control over a minor, or is responsible for the 50 General Assembly Of North Carolina Session 2025
614		-	Senate Bill 429-Second Edition Page 13
615		-	minor's welfare, safety, or supervision, regardless of whether such responsibility arises from 1
616		-	express appointment, organizational duty, professional obligation, or circumstantial necessity." 2
617		-	SECTION 10.(b) This section becomes effective December 1, 2025, and applies to 3
618		-	offenses committed on or after that date. 4
619		-	5
620		-	ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS AND REVISE THE 6
621		-	ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING 7
622		-	GIFT CARDS 8
623		-	SECTION 11.(a) Article 16 of Chapter 14 of the General Statutes is amended by 9
624		-	adding a new section to read: 10
625		-	"§ 14-72.12. Larceny of gift cards. 11
626		-	(a) Definitions. – For purposes of this section, the terms "gift card," "gift card issuer," 12
627		-	"gift card redemption information," and "gift card value" are as defined in G.S. 14-86.5. 13
628		-	(b) Offense. – A person commits the offense of larceny of gift cards if the person does 14
629		-	any of the following: 15
630		-	(1) Acquires or retains possession of a gift card or gift card redemption 16
631		-	information without the consent of the cardholder or card issuer. 17
632		-	(2) Obtains a gift card or gift card redemption information from a cardholder or 18
633		-	card issuer by means of false or fraudulent pretenses, representations, or 19
634		-	promises. 20
635		-	(3) Alters or tampers with a gift card or its packaging with intent to defraud 21
636		-	another. 22
637		-	(c) Punishment. – A violation of this section is a Class 1 misdemeanor if the value of the 23
638		-	gift card acquired, retained, or for which the card redemption information is obtained, or is altered 24
639		-	or tampered with, is not more than one thousand dollars ($1,000). Any other violation of this 25
640		-	section is a Class H felony." 26
641		-	SECTION 11.(b) G.S. 14-86.5 reads as rewritten: 27
642		-	"§ 14-86.5. Definitions. 28
643		-	The following definitions apply in this Article: 29
644		-	(1) "Retail property." – Any article, product, commodity, item, or component 30
645		-	intended to be sold in retail commerce.Gift card. – A record evidencing a 31
646		-	promise, made for monetary consideration, by a seller or issuer that goods or 32
647		-	services will be provided to the owner of the record to the value shown in the 33
648		-	record. A gift card includes a record that contains a microprocessor chip, 34
649		-	magnetic strip, or other storage medium that is prefunded and for which the 35
650		-	value is adjusted upon each use, a gift certificate, a stored-value card or 36
651		-	certificate, a store card, or a prepaid long-distance telephone service that is 37
652		-	activated by a prepaid card that required dialing an access number or an access 38
653		-	code in addition to dialing the phone number to which the user of the prepaid 39
654		-	card seeks to connect. 40
655		-	(2) Repealed by Session Laws 2024-22, s. 2(a), effective December 1, 2024, and 41
656		-	applicable to offenses committed on or after that date. 42
657		-	(3) "Theft." – To take possession of, carry away, transfer, or cause to be carried 43
658		-	away the retail property of another with the intent to steal the retail 44
659		-	property.Gift card issuer. – Any person or entity that sells, distributes, or 45
660		-	supplies a gift card. 46
661		-	(4) "Value." – The retail value of an item as advertised by the affected retail 47
662		-	establishment, to include all applicable taxes.Gift card redemption 48
663		-	information. – Any information unique to a gift card that allows the cardholder 49
664		-	to access, transfer, or spend the funds on that gift card. 50 General Assembly Of North Carolina Session 2025
665		-	Page 14 Senate Bill 429-Second Edition
666		-	(5) Gift card value. – The maximum monetary value that can be applied to the 1
667		-	card. 2
668		-	(6) Retail property. – Any article, product, commodity, item, or component 3
669		-	intended to be sold in retail commerce. 4
670		-	(7) Theft. – To take possession of, carry away, transfer, or cause to be carried 5
671		-	away the retail property of another with the intent to steal the retail property. 6
672		-	(8) Value. – The retail value of an item as advertised by the affected retail 7
673		-	establishment, to include all applicable taxes." 8
674		-	SECTION 11.(c) G.S. 14-86.6 reads as rewritten: 9
675		-	"§ 14-86.6. Organized retail theft. 10
676		-	(a) Offense. – A person commits the offense of organized retail theft if the person does 11
677		-	any of the following: 12
678		-	(1) Conspires with another person to commit theft of retail property from retail 13
679		-	establishments with the intent to sell, transfer, or possess that retail property 14
680		-	for monetary or other gain. 15
681		-	(2) Receives or possesses any retail property that has been taken or stolen in 16
682		-	violation of subdivision (1) of this subsection while knowing or having 17
683		-	reasonable grounds to believe the property is stolen. 18
684		-	(3) Conspires with two or more other persons as an organizer, supervisor, 19
685		-	financier, leader, or manager to engage for profit in a scheme or course of 20
686		-	conduct to effectuate or intend to effectuate the transfer or sale of property 21
687		-	stolen from a merchant in violation of this section. 22
688		-	(4) Conspires with another person to acquire or retain possession of a gift card or 23
689		-	gift card redemption information without the consent of the cardholder or card 24
690		-	issuer. 25
691		-	(5) Devises a scheme with one or more persons to obtain a gift card or gift card 26
692		-	redemption information from a cardholder or card issuer by means of false or 27
693		-	fraudulent pretenses, representations, or promises. 28
694		-	(6) Conspires with another person to alter or tamper with a gift card or its 29
695		-	packaging with intent to defraud another. 30
696		-	… 31
697		-	(a2) Punishments. – The following classifications apply to the offense of organized retail 32
698		-	theft: 33
699		-	(1) An offense when the gift card value or the retail property has a value 34
700		-	exceeding one thousand five hundred dollars ($1,500) aggregated over a 35
701		-	90-day period is a Class H felony. 36
702		-	(2) An offense when the gift card value or the retail property has a value 37
703		-	exceeding twenty thousand dollars ($20,000) aggregated over a 90-day period 38
704		-	is a Class G felony. 39
705		-	(3) An offense when the gift card value or the retail property has a value 40
706		-	exceeding fifty thousand dollars ($50,000) aggregated over a 90-day period is 41
707		-	a Class F felony. 42
708		-	(4) An offense when the gift card value or the retail property has a value 43
709		-	exceeding one hundred thousand dollars ($100,000) aggregated over a 90-day 44
710		-	period is a Class C felony. 45
711		-	… 46
712		-	(c) Multiple Thefts. – Thefts of gift cards, gift card redemption information, or retail 47
713		-	property occurring in more than one county may be aggregated into an alleged violation of this 48
714		-	section. Each county where a part of the charged offense occurs has concurrent venue as 49
715		-	described in G.S. 15A-132." 50
716		-	SECTION 11.(d) G.S. 1-538.2 reads as rewritten: 51 General Assembly Of North Carolina Session 2025
717		-	Senate Bill 429-Second Edition Page 15
718		-	"§ 1-538.2. Civil liability for larceny, shoplifting, theft by employee, organized retail theft, 1
719		-	embezzlement, obtaining property by false pretense, and other offenses. 2
720		-	(a) Any person, other than an unemancipated minor, who commits an act that is 3
721		-	punishable under G.S. 14-72, 14-72.1, 14-72.11, 14-72.12, 14-74, 14-86.6, 14-86.7, 14-90, or 4
722		-	14-100 is liable for civil damages to the owner of the property. In any action brought by the 5
723		-	owner of the property, the owner is entitled to recover the value of the goods or merchandise, if 6
724		-	the goods or merchandise have been destroyed, or any loss of value to the goods or merchandise, 7
725		-	if the goods or merchandise were recovered, or the amount of any money lost by reason of the 8
726		-	theft or embezzlement or fraud of an employee. The owner of the property is also entitled to 9
727		-	recover for loss to real or personal property caused in the commission of the act. In addition to 10
728		-	the above, the owner of the property is entitled to recover any consequential damages, and 11
729		-	punitive damages, together with reasonable attorneys' fees. The total consequential damages 12
730		-	awarded to a plaintiff against a defendant under this section shall not be less than one hundred 13
731		-	fifty dollars ($150.00) and shall not exceed three thousand dollars ($3,000) except an act 14
732		-	punishable under G.S. 14-74, 14-86.6, 14-86.7, or 14-90 shall have no maximum limit under this 15
733		-	section. 16
734		-	(b) The parent or legal guardian, having the care, custody and control of an 17
735		-	unemancipated minor who commits an act punishable under G.S. 14-72, 14-72.1, 14-72.11, 18
736		-	14-72.12, 14-74, 14-86.6, 14-86.7, 14-90, or 14-100, is civilly liable to the owner of the property 19
737		-	obtained by the act if such parent or legal guardian knew or should have known of the propensity 20
738		-	of the child to commit such an act; and had the opportunity and ability to control the child, and 21
739		-	made no reasonable effort to correct or restrain the child. In an action brought against the parent 22
740		-	or legal guardian by the owner, the owner is entitled to recover the amounts specified in 23
741		-	subsection (a) except punitive damages. The total consequential damages awarded to a plaintiff 24
742		-	against the parent or legal guardian shall not be less than one hundred fifty dollars ($150.00) and 25
743		-	shall not exceed three thousand dollars ($3,000). 26
744		-	…." 27
745		-	SECTION 11.(e) This section becomes effective December 1, 2025, and applies to 28
746		-	offenses committed on or after that date. 29
747		-	30
748		-	ESTABLISH AN OFFENSE FOR WRONGFULLY ENTERING A PART OF A 31
749		-	BUILDING NOT OPEN TO THE PUBLIC 32
750		-	SECTION 12.(a) G.S. 14-54 is amended by adding a new subsection to read: 33
751		-	"(b1) Any person who, with the intent to commit an unlawful act, enters any area of a 34
752		-	building (i) that is commonly reserved for personnel of a commercial business where money or 35
753		-	other property is kept or (ii) clearly marked with a sign that indicates to the public that entry is 36
754		-	forbidden is guilty of a Class 1 misdemeanor for a first offense and a Class I felony for a second 37
755		-	or subsequent offense." 38
756		-	SECTION 12.(b) This section becomes effective December 1, 2025, and applies to 39
	567	+	(2) Private area of an individual. – The naked or undergarment clad genitals, 3
	568	+	pubic area, buttocks, or female breast of that individual. 4
	569	+	(3) The term "room" shall include, Room. – Includes, but is not limited to, a 5
	570	+	bedroom, a rest room, a bathroom, a shower, and a dressing room.room, a 6
	571	+	dressing stall, a cubicle, or other similar area designed to provide privacy. 7
	572	+	(4) Under circumstances in which that individual has a reasonable expectation of 8
	573	+	privacy. – Means either of the following: 9
	574	+	a. Circumstances in which a reasonable person would believe that he or 10
	575	+	she could disrobe in privacy, without being concerned that a 11
	576	+	photographic image of a private area of the individual was being 12
	577	+	created. 13
	578	+	b. Circumstances in which a reasonable person would believe that a 14
	579	+	private area of the individual would not be visible to the public, 15
	580	+	regardless of whether that person is in a public or private place. 16
	581	+	(c) Unless covered by another provision of law providing greater punishment, any person 17
	582	+	who, while in possession of any device which may be used to create a photographic image, shall 18
	583	+	secretly peep into any room shall be guilty of a Class A1 misdemeanor. 19
	584	+	(d) Unless covered by another provision of law providing greater punishment, any person 20
	585	+	who, while secretly peeping into any room, uses any device to create a photographic image of 21
	586	+	another person in that room for the purpose of arousing or gratifying the sexual desire of any 22
	587	+	person shall be guilty of a Class I felony. 23
	588	+	(e) Any person who secretly or surreptitiously uses any device to create a photographic 24
	589	+	image of another person underneath or through the clothing being worn by that other person for 25
	590	+	the purpose of viewing the body of, or the undergarments worn by, that other person without 26
	591	+	their consent shall be guilty of a Class I felony. 27
	592	+	(e1) Unless covered under some other provision of law providing greater punishment, any 28
	593	+	person who, with the intent to create a photographic image of a private area of an individual 29
	594	+	without the individual's consent, knowingly does so under circumstances in which the individual 30
	595	+	has a reasonable expectation of privacy shall be guilty of a Class I felony. 31
	596	+	(f) Any person who, for the purpose of arousing or gratifying the sexual desire of any 32
	597	+	person, secretly or surreptitiously uses or installs in a room any device that can be used to create 33
	598	+	a photographic image with the intent to capture the image of another without their consent shall 34
	599	+	be guilty of a Class I felony. 35
	600	+	(g) Any person who knowingly possesses a photographic image that the person knows, 36
	601	+	or has reason to believe, was obtained in violation of this section shall be guilty of a Class I 37
	602	+	felony. 38
	603	+	(h) Any person who disseminates or allows to be disseminated images that the person 39
	604	+	knows, or should have known, were obtained as a result of the violation of this section shall be 40
	605	+	guilty of a Class H felony if the dissemination is without the consent of the person in the 41
	606	+	photographic image. 42
	607	+	(i) A second or subsequent felony conviction under this section shall be punished as 43
	608	+	though convicted of an offense one class higher. A second or subsequent conviction for a Class 44
	609	+	1 misdemeanor shall be punished as a Class A1 misdemeanor. A second or subsequent conviction 45
	610	+	for a Class A1 misdemeanor shall be punished as a Class I felony. 46
	611	+	(j) If the defendant is placed on probation as a result of violation of this section: 47
	612	+	(1) For a first conviction under this section, the judge may impose a requirement 48
	613	+	that the defendant obtain a psychological evaluation and comply with any 49
	614	+	treatment recommended as a result of that evaluation. 50 General Assembly Of North Carolina Session 2025
	615	+	Senate Bill 429-First Edition Page 13
	616	+	(2) For a second or subsequent conviction under this section, the judge shall 1
	617	+	impose a requirement that the defendant obtain a psychological evaluation and 2
	618	+	comply with any treatment recommended as a result of that evaluation. 3
	619	+	(k) Any person whose image is captured or disseminated in violation of this section has 4
	620	+	a civil cause of action against any person who captured or disseminated the image or procured 5
	621	+	any other person to capture or disseminate the image and is entitled to recover from those persons 6
	622	+	actual damages, punitive damages, reasonable attorneys' fees and other litigation costs reasonably 7
	623	+	incurred. 8
	624	+	(l) When a person violates subsection (d), (e), (e1), (f), (g), or (h) of this section, or is 9
	625	+	convicted of a second or subsequent violation of subsection (a), (a1), or (c) of this section, the 10
	626	+	sentencing court shall consider whether the person is a danger to the community and whether 11
	627	+	requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 12
	628	+	further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 13
	629	+	the person is a danger to the community and that the person shall register, then an order shall be 14
	630	+	entered requiring the person to register. 15
	631	+	(m) The provisions of subsections (a), (a1), (c), (e), (e1), (g), (h), and (k) of this section 16
	632	+	do not apply to:to either of the following: 17
	633	+	(1) Law enforcement officers while discharging or attempting to discharge their 18
	634	+	official duties; orduties. 19
	635	+	(2) Personnel of the Division of Prisons of the Department of Adult Correction or 20
	636	+	of a local confinement facility for security purposes or during investigation of 21
	637	+	alleged misconduct by a person in the custody of the Division or the local 22
	638	+	confinement facility. 23
	639	+	(n) This section does not affect the legal activities of those who are licensed pursuant to 24
	640	+	Chapter 74C, Private Protective Services, or Chapter 74D, Alarm Systems, of the General 25
	641	+	Statutes, who are legally engaged in the discharge of their official duties within their respective 26
	642	+	professions, and who are not engaging in activities for an improper purpose as described in this 27
	643	+	section." 28
	644	+	SECTION 11.(b) This section becomes effective December 1, 2025, and applies to 29
	645	+	offenses committed on or after that date. 30
	646	+	31
	647	+	REVISE LAW PROHIBITING SEXUAL ACTIVITY BY A SUBSTITUTE PARENT OR 32
	648	+	CUSTODIAN TO INCLUDE RELIGIOUS ORGANIZATIONS OR INSTITUTIONS 33
	649	+	SECTION 12.(a) G.S. 14-27.31(b) reads as rewritten: 34
	650	+	"(b) If a person having custody of a victim of any age or a person who is an agent or 35
	651	+	employee of any person, or institution, including a religious organization or institution, whether 36
	652	+	such institution is private, charitable, or governmental, having custody of a victim of any age 37
	653	+	engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class 38
	654	+	E felony." 39
	655	+	SECTION 12.(b) This section becomes effective December 1, 2025, and applies to 40
	656	+	offenses committed on or after that date. 41
	657	+	42
	658	+	ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS AND REVISE THE 43
	659	+	ORGANIZED RETAIL THEFT O FFENSE TO INCLUDE OFFENSES INVOLVING 44
	660	+	GIFT CARDS 45
	661	+	SECTION 13.(a) Article 16 of Chapter 14 of the General Statutes is amended by 46
	662	+	adding a new section to read: 47
	663	+	"§ 14-72.12. Larceny of gift cards; receiving stolen gift cards or possessing stolen gift cards. 48
	664	+	(a) Definitions. – For purposes of this section, the terms "gift card," "gift card issuer," 49
	665	+	"gift card redemption information," and "gift card value" are as defined in G.S. 14-86.5. 50 General Assembly Of North Carolina Session 2025
	666	+	Page 14 Senate Bill 429-First Edition
	667	+	(b) Offense. – A person commits the offense of larceny of gift cards if the person does 1
	668	+	any of the following: 2
	669	+	(1) Acquires or retains possession of a gift card or gift card redemption 3
	670	+	information without the consent of the cardholder or card issuer. 4
	671	+	(2) Obtains a gift card or gift card redemption information from a cardholder or 5
	672	+	card issuer by means of false or fraudulent pretenses, representations, or 6
	673	+	promises. 7
	674	+	(3) Alters or tampers with a gift card or its packaging with intent to defraud 8
	675	+	another. 9
	676	+	(c) Punishment. – A violation of this section is a Class 1 misdemeanor if the value of the 10
	677	+	gift card acquired, retained, or for which the card redemption information is obtained, or is altered 11
	678	+	or tampered with, is not more than one thousand dollars ($1,000). Any other violation of this 12
	679	+	section is a Class H felony." 13
	680	+	SECTION 13.(b) G.S. 14-86.5 reads as rewritten: 14
	681	+	"§ 14-86.5. Definitions. 15
	682	+	The following definitions apply in this Article: 16
	683	+	(1) "Retail property." – Any article, product, commodity, item, or component 17
	684	+	intended to be sold in retail commerce.Gift card. – A record evidencing a 18
	685	+	promise, made for monetary consideration, by a seller or issuer that goods or 19
	686	+	services will be provided to the owner of the record to the value shown in the 20
	687	+	record. A gift card includes a record that contains a microprocessor chip, 21
	688	+	magnetic strip, or other storage medium that is prefunded and for which the 22
	689	+	value is adjusted upon each use, a gift certificate, a stored-value card or 23
	690	+	certificate, a store card, or a prepaid long-distance telephone service that is 24
	691	+	activated by a prepaid card that requires dialing an access number or an access 25
	692	+	code in addition to dialing the phone number to which the user of the prepaid 26
	693	+	card seeks to connect. 27
	694	+	(2) Repealed by Session Laws 2024-22, s. 2(a), effective December 1, 2024, and 28
	695	+	applicable to offenses committed on or after that date. 29
	696	+	(3) "Theft." – To take possession of, carry away, transfer, or cause to be carried 30
	697	+	away the retail property of another with the intent to steal the retail 31
	698	+	property.Gift card issuer. – Any person or entity that sells, distributes, or 32
	699	+	supplies a gift card. 33
	700	+	(4) "Value." – The retail value of an item as advertised by the affected retail 34
	701	+	establishment, to include all applicable taxes.Gift card redemption 35
	702	+	information. – Any information unique to a gift card that allows the cardholder 36
	703	+	to access, transfer, or spend the funds on that gift card. 37
	704	+	(5) Gift card value. – The maximum monetary value that can be applied to the 38
	705	+	card. 39
	706	+	(6) Retail property. – Any article, product, commodity, item, or component 40
	707	+	intended to be sold in retail commerce. 41
	708	+	(7) Theft. – To take possession of, carry away, transfer, or cause to be carried 42
	709	+	away the retail property of another with the intent to steal the retail property. 43
	710	+	(8) Value. – The retail value of an item as advertised by the affected retail 44
	711	+	establishment, to include all applicable taxes." 45
	712	+	SECTION 13.(c) G.S. 14-86.6 reads as rewritten: 46
	713	+	"§ 14-86.6. Organized retail theft. 47
	714	+	(a) Offense. – A person commits the offense of organized retail theft if the person does 48
	715	+	any of the following: 49 General Assembly Of North Carolina Session 2025
	716	+	Senate Bill 429-First Edition Page 15
	717	+	(1) Conspires with another person to commit theft of retail property from retail 1
	718	+	establishments with the intent to sell, transfer, or possess that retail property 2
	719	+	for monetary or other gain. 3
	720	+	(2) Receives or possesses any retail property that has been taken or stolen in 4
	721	+	violation of subdivision (1) of this subsection while knowing or having 5
	722	+	reasonable grounds to believe the property is stolen. 6
	723	+	(3) Conspires with two or more other persons as an organizer, supervisor, 7
	724	+	financier, leader, or manager to engage for profit in a scheme or course of 8
	725	+	conduct to effectuate or intend to effectuate the transfer or sale of property 9
	726	+	stolen from a merchant in violation of this section. 10
	727	+	(4) Conspires with another person to acquire or retain possession of a gift card or 11
	728	+	gift card redemption information without the consent of the cardholder or card 12
	729	+	issuer. 13
	730	+	(5) Devises a scheme with one or more persons to obtain a gift card or gift card 14
	731	+	redemption information from a cardholder or card issuer by means of false or 15
	732	+	fraudulent pretenses, representations, or promises. 16
	733	+	(6) Conspires with another person to alter or tamper with a gift card or its 17
	734	+	packaging with intent to defraud another. 18
	735	+	… 19
	736	+	(a2) Punishments. – The following classifications apply to the offense of organized retail 20
	737	+	theft: 21
	738	+	(1) An offense when the gift card value or the retail property has a value 22
	739	+	exceeding one thousand five hundred dollars ($1,500) aggregated over a 23
	740	+	90-day period is a Class H felony. 24
	741	+	(2) An offense when the gift card value or the retail property has a value 25
	742	+	exceeding twenty thousand dollars ($20,000) aggregated over a 90-day period 26
	743	+	is a Class G felony. 27
	744	+	(3) An offense when the gift card value or the retail property has a value 28
	745	+	exceeding fifty thousand dollars ($50,000) aggregated over a 90-day period is 29
	746	+	a Class F felony. 30
	747	+	(4) An offense when the gift card value or the retail property has a value 31
	748	+	exceeding one hundred thousand dollars ($100,000) aggregated over a 90-day 32
	749	+	period is a Class C felony. 33
	750	+	… 34
	751	+	(c) Multiple Thefts. – Thefts of gift cards, gift card redemption information, or retail 35
	752	+	property occurring in more than one county may be aggregated into an alleged violation of this 36
	753	+	section. Each county where a part of the charged offense occurs has concurrent venue as 37
	754	+	described in G.S. 15A-132." 38
	755	+	SECTION 13.(d) This section becomes effective December 1, 2025, and applies to 39
757	756		offenses committed on or after that date. 40
758	757		41
759		-	ALLOW UNLICENSED LAW SCHOOL GRADUATES TO PRACTICE LAW UNDE R 42
760		-	SUPERVISION 43
761		-	SECTION 13. G.S. 84-7.1 is amended by adding a new subdivision to read: 44
762		-	"(4) Any law school graduate permitted by the North Carolina State Bar to act as 45
763		-	a legal intern for a federal, State, local government agency, or for a nonprofit 46
764		-	corporation qualified to render legal services pursuant to G.S. 84-5.1." 47
765		-	48
766		-	CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED TO 49
767		-	CLASS A THROUGH CLASS E FELONIES 50
768		-	SECTION 14. G.S. 7B-3101(a) reads as rewritten: 51 General Assembly Of North Carolina Session 2025
769		-	Page 16 Senate Bill 429-Second Edition
770		-	"(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and 1
771		-	written notification of any of the following actions to the principal of the school that the juvenile 2
772		-	attends: 3
773		-	(1) A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense 4
774		-	that would constitute a Class A, B1, B2, C, D, or E felony if committed by an 5
775		-	adult. The principal of the school shall make an individualized decision related 6
776		-	to the status of the student during the pendency of the matter and not have an 7
777		-	automatic suspension policy. 8
778		-	(2) The court transfers jurisdiction over a juvenile to the superior court under 9
779		-	G.S. 7B-2200.5 or G.S. 7B-2200.G.S. 7B-2200 for an offense that would 10
780		-	constitute a Class A, B1, B2, C, D, or E felony if committed by an adult. 11
781		-	(3) The court dismisses under G.S. 7B-2411 the petition that alleges delinquency 12
782		-	for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 13
783		-	by an adult. 14
784		-	(4) The court issues a dispositional order under Article 25 of Chapter 7B of the 15
785		-	General Statutes including, but not limited to, an order of probation that 16
786		-	requires school attendance, concerning a juvenile alleged or found delinquent 17
787		-	for an offense that would be a felony if committed by an adult. 18
788		-	(5) The court modifies or vacates any order or disposition under G.S. 7B-2600 19
789		-	concerning a juvenile alleged or found delinquent for an offense that would 20
790		-	be a Class A, B1, B2, C, D, or E felony if committed by an adult. 21
791		-	Notification of the school principal in person or by telephone shall be made before the 22
792		-	beginning of the next school day. Delivery shall be made as soon as practicable but at least within 23
793		-	five days of the action. Delivery shall be made in person or by certified mail. Notification that a 24
794		-	petition has been filed shall describe the nature of the offense. Notification of a dispositional 25
795		-	order, a modified or vacated order, or a transfer to superior court shall describe the court's action 26
796		-	and any applicable disposition requirements. As used in this subsection, the term "offense" does 27
797		-	not include any offense under Chapter 20 of the General Statutes." 28
798		-	29
799		-	ALLOW TRANSFER OF BIOLOGICAL EVIDENCE BACK TO THE COLLECTING 30
800		-	AGENCY FOR PRESERVATION 31
801		-	SECTION 15. G.S. 15A-268(a3) reads as rewritten: 32
802		-	"(a3) When physical evidence is offered or admitted into evidence in a criminal proceeding 33
803		-	of the General Court of Justice, the presiding judge shall inquire of the State and defendant as to 34
804		-	the identity of the collecting agency of the evidence and whether the evidence in question is 35
805		-	reasonably likely to contain biological evidence and if that biological evidence is relevant to 36
806		-	establishing the identity of the perpetrator in the case. If either party asserts that the evidence in 37
807		-	question may have biological evidentiary value, and the court so finds, the court shall instruct 38
808		-	that the evidence be so designated in the court's records and that the evidence be preserved 39
809		-	pursuant to the requirements of this section. The court may order that the evidence be returned 40
810		-	to the collecting agency to be preserved during the pendency of the proceedings for which the 41
811		-	evidence was introduced pursuant to subsection (a1) of this section at a request from the district 42
812		-	attorney, the clerk, and the collecting agency if the court finds that the collecting agency is better 43
813		-	equipped to preserve the evidence and the district attorney, the clerk, and the collecting agency 44
814		-	all agree." 45
815		-	46
816		-	REVISE LAW GOVERNING THE RECORDING OF COURT PROCEEDINGS 47
817		-	SECTION 16.(a) G.S. 15A-1241 reads as rewritten: 48
818		-	"§ 15A-1241. Record of proceedings. 49
819		-	(a) The trial judge must require that the reporter make a true, complete, and accurate 50
820		-	record of all statements from the bench and all other proceedings except: 51 General Assembly Of North Carolina Session 2025
821		-	Senate Bill 429-Second Edition Page 17
822		-	(1) Selection of the jury in noncapital cases; 1
823		-	(2) Opening statements and final arguments of counsel to the jury; and 2
824		-	(3) Arguments of counsel on questions of law. 3
825		-	(b) Upon motion of any party or on the judge's own motion, proceedings excepted under 4
826		-	subdivisions (1) and (2) of subsection (a) of this section must be recorded. The motion for 5
827		-	recordation of jury arguments must be made before the commencement of any argument and if 6
828		-	one argument is recorded all must be. Upon suggestion of improper argument, when no 7
829		-	recordation has been requested or ordered, the judge in his discretion may require the remainder 8
830		-	to be recorded. 9
831		-	…." 10
832		-	SECTION 16.(b) This section is effective when it becomes law and applies to 11
833		-	proceedings commenced on or after that date. 12
834		-	13
835		-	INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF FAILURE 14
836		-	TO YIELD THAT RESULTS IN SERIOUS BODILY INJURY 15
837		-	SECTION 17.(a) G.S. 20-160.1(a) reads as rewritten: 16
838		-	"(a) Unless the conduct is covered under some other law providing greater punishment, a 17
839		-	person who commits the offense of failure to yield while approaching or entering an intersection, 18
840		-	turning at a stop or yield sign, entering a roadway, upon the approach of an emergency vehicle, 19
841		-	or at highway construction or maintenance shall be punished under this section. When there is 20
842		-	serious bodily injury but no death resulting from the violation, the violator is guilty of a Class 2 21
843		-	misdemeanor, which shall be fined include a fine of five hundred dollars ($500.00) and and, upon 22
844		-	conviction, revocation of the violator's drivers license or commercial drivers license shall be 23
845		-	suspended for 90 days." 24
846		-	SECTION 17.(b) This section becomes effective December 1, 2025, and applies to 25
847		-	offenses committed on or after that date. 26
848		-	27
849		-	INCREASE THE PENALTY FOR FAILURE TO YIELD THE RIGHT -OF-WAY TO A 28
850		-	BLIND OR PARTIALLY BLIND PEDESTRIAN 29
851		-	SECTION 18.(a) G.S. 20-175.2 reads as rewritten: 30
852		-	"§ 20-175.2. Right-of-way at crossings, intersections and traffic-control signal points; white 31
853		-	cane or guide dog to serve as signal for the blind. 32
854		-	At any street, road or highway crossing or intersection, where the movement of traffic is not 33
855		-	regulated by a traffic officer or by traffic-control signals, any blind or partially blind pedestrian 34
856		-	shall be entitled to the right-of-way at such crossing or intersection, if such blind or partially 35
857		-	blind pedestrian shall extend before him at arm's length a cane white in color or white tipped with 36
858		-	red, or if such person is accompanied by a guide dog. Upon receiving such a signal, all vehicles 37
859		-	at or approaching such intersection or crossing shall come to a full stop, leaving a clear lane 38
860		-	through which such pedestrian may pass, and such vehicle shall remain stationary until such blind 39
861		-	or partially blind pedestrian has completed the passage of such crossing or intersection. At any 40
862		-	street, road or highway crossing or intersection, where the movement of traffic is regulated by 41
863		-	traffic-control signals, blind or partially blind pedestrians shall be entitled to the right-of-way if 42
864		-	such person having such cane or accompanied by a guide dog shall be partly across such crossing 43
865		-	or intersection at the time the traffic-control signals change, and all vehicles shall stop and remain 44
866		-	stationary until such pedestrian has completed passage across the intersection or crossing. Any 45
867		-	person who fails to yield the right-of-way to a blind or partially blind pedestrian as required by 46
868		-	this section is guilty of a Class 2 misdemeanor." 47
869		-	SECTION 18.(b) This section becomes effective December 1, 2026, and applies to 48
870		-	offenses committed on or after that date. 49
871		-	50
872		-	INCREASE PUNISHMENT FOR FENTANYL OFFENSES 51 General Assembly Of North Carolina Session 2025
873		-	Page 18 Senate Bill 429-Second Edition
874		-	SECTION 19.(a) G.S. 90-95 reads as rewritten: 1
875		-	"§ 90-95. Violations; penalties. 2
876		-	(a) Except as authorized by this Article, it is unlawful for any person: 3
877		-	(1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or 4
878		-	deliver, a controlled substance; 5
879		-	(2) To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit 6
880		-	controlled substance; 7
881		-	(3) To possess a controlled substance. 8
882		-	(b) Except as provided in subsections (h) and (i) of this section, any person who violates 9
883		-	G.S. 90-95(a)(1) with respect to: 10
884		-	(1) A controlled substance classified in Schedule I or II shall be punished as a 11
885		-	Class H felon, except as follows: (i) the sale of a controlled substance 12
886		-	classified in Schedule I or II shall be punished as a Class G felony, and (ii) the 13
887		-	manufacture of methamphetamine shall be punished as provided by 14
888		-	subdivision (1a) of this subsection.subsection, and (iii) any violation of 15
889		-	G.S. 90-95(a)(1) involving fentanyl or carfentanil, or any salt, compound, 16
890		-	derivative, or preparation thereof, or any mixture containing any of these 17
891		-	substances shall be punished as provided in subdivision (1b) of this 18
892		-	subsection. 19
893		-	(1a) The manufacture of methamphetamine shall be punished as a Class C felony 20
894		-	unless the offense was one of the following: packaging or repackaging 21
895		-	methamphetamine, or labeling or relabeling the methamphetamine container. 22
896		-	The offense of packaging or repackaging methamphetamine, or labeling or 23
897		-	relabeling the methamphetamine container shall be punished as a Class H 24
898		-	felony. 25
899		-	(1b) Any violation of G.S. 90-95(a)(1) involving fentanyl or carfentanil, or any 26
900		-	salt, compound, derivative, or preparation thereof, or any mixture containing 27
901		-	any of these substances shall be punished as a Class F felony. 28
902		-	(2) A controlled substance classified in Schedule III, IV, V, or VI shall be 29
903		-	punished as a Class I felon, except that the sale of a controlled substance 30
904		-	classified in Schedule III, IV, V, or VI shall be punished as a Class H felon. 31
905		-	The transfer of less than 5 grams of marijuana for no remuneration shall not 32
906		-	constitute a delivery in violation of G.S. 90-95(a)(1). 33
907		-	(c) Any person who violates G.S. 90-95(a)(2) shall be punished as a Class I felon. 34
908		-	(d) Except as provided in subsections (h) and (i) of this section, any person who violates 35
909		-	G.S. 90-95(a)(3) with respect to: 36
910		-	(1) A controlled substance classified in Schedule I shall be punished as a Class I 37
911		-	felon. However, if the controlled substance is MDPV and the quantity of the 38
912		-	MDPV is 1 gram or less, the violation shall be punishable as a Class 1 39
913		-	misdemeanor. 40
914		-	(2) A controlled substance classified in Schedule II, III, or IV shall be guilty of a 41
915		-	Class 1 misdemeanor. If the controlled substance exceeds four tablets, 42
916		-	capsules, or other dosage units or equivalent quantity of hydromorphone or if 43
917		-	the quantity of the controlled substance, or combination of the controlled 44
918		-	substances, exceeds one hundred tablets, capsules or other dosage units, or 45
919		-	equivalent quantity, the violation shall be punishable as a Class I felony. If the 46
920		-	controlled substance is methamphetamine, amphetamine, phencyclidine, 47
921		-	cocaine, fentanyl, or carfentanil or cocaine and any salt, isomer, salts of 48
922		-	isomers, compound, derivative, or preparation thereof, or coca leaves and any 49
923		-	salt, isomer, salts of isomers, compound, derivative, or preparation of coca 50
924		-	leaves, or any salt, isomer, salts of isomers, compound, derivative or 51 General Assembly Of North Carolina Session 2025
925		-	Senate Bill 429-Second Edition Page 19
926		-	preparation thereof which is chemically equivalent or identical with any of 1
927		-	these substances (except decocanized coca leaves or any extraction of coca 2
928		-	leaves which does not contain cocaine or ecgonine), the violation shall be 3
929		-	punishable as a Class I felony. If the controlled substance is fentanyl or 4
930		-	carfentanil, or any salt, compound, derivative, or preparation thereof, or any 5
931		-	mixture containing any of these substances the violation is punishable as a 6
932		-	Class H felony. 7
933		-	… 8
934		-	(h) Notwithstanding any other provision of law, the following provisions apply except as 9
935		-	otherwise provided in this Article: 10
936		-	… 11
937		-	(4) Any Except as provided in subdivision (4c) of this subsection any person who 12
938		-	sells, manufactures, delivers, transports, or possesses four grams or more of 13
939		-	opium, opiate, or opioid, or any salt, compound, derivative, or preparation of 14
940		-	opium, opiate, or opioid (except apomorphine, nalbuphine, analoxone and 15
941		-	naltrexone and their respective salts), including heroin, or any mixture 16
942		-	containing such substance, shall be guilty of a felony which felony shall be 17
943		-	known as "trafficking in opium, opiate, opioid, or heroin" and if the quantity 18
944		-	of such controlled substance or mixture involved: 19
945		-	a. Is four grams or more, but less than 14 grams, such person shall be 20
946		-	punished as a Class F felon and shall be sentenced to a minimum term 21
947		-	of 70 months and a maximum term of 93 months in the State's prison 22
948		-	and shall be fined as follows: 23
949		-	1. A fine of five hundred thousand dollars ($500,000) if the 24
950		-	controlled substance is heroin, fentanyl, or carfentanil, heroin, 25
951		-	or any salt, compound, derivative, or preparation thereof, or 26
952		-	any mixture containing any of these substances.that substance. 27
953		-	2. A fine of not less than fifty thousand dollars ($50,000) for any 28
954		-	controlled substance described in this subdivision and not 29
955		-	otherwise subject to sub-sub-subdivision 1. of this 30
956		-	sub-subdivision. 31
957		-	b. Is 14 grams or more, but less than 28 grams, such person shall be 32
958		-	punished as a Class E felon and shall be sentenced to a minimum term 33
959		-	of 90 months and a maximum term of 120 months in the State's prison 34
960		-	and shall be fined as follows: 35
961		-	1. A fine of seven hundred fifty thousand dollars ($750,000) if 36
962		-	the controlled substance is heroin, fentanyl, or carfentanil, 37
963		-	heroin, or any salt, compound, derivative, or preparation 38
964		-	thereof, or any mixture containing any of these substances.that 39
965		-	substance. 40
966		-	2. A fine of not less than one hundred thousand dollars 41
967		-	($100,000) for any controlled substance described in this 42
968		-	subdivision and not otherwise subject to sub-sub-subdivision 43
969		-	1. of this sub-subdivision. 44
970		-	c. Is 28 grams or more, such person shall be punished as a Class C felon 45
971		-	and shall be sentenced to a minimum term of 225 months and a 46
972		-	maximum term of 282 months in the State's prison and shall be fined 47
973		-	as follows: 48
974		-	1. A fine of one million dollars ($1,000,000) if the controlled 49
975		-	substance is heroin, fentanyl, or carfentanil, heroin, or any salt, 50 General Assembly Of North Carolina Session 2025
976		-	Page 20 Senate Bill 429-Second Edition
977		-	compound, derivative, or preparation thereof, or any mixture 1
978		-	containing any of these substances.that substance. 2
979		-	2. A fine of not less than five hundred thousand dollars 3
980		-	($500,000) for any controlled substance described in this 4
981		-	subdivision and not otherwise subject to sub-sub-subdivision 5
982		-	1. of this sub-subdivision. 6
983		-	… 7
984		-	(4c) Any person who sells, manufactures, delivers, transports, or possesses four 8
985		-	grams or more of fentanyl or carfentanil, or any salt, compound, derivative, or 9
986		-	preparation of such substance, or any mixture containing such substance, shall 10
987		-	be guilty of a felony which felony shall be known as "trafficking in fentanyl 11
988		-	or carfentanil" and if the quantity of such controlled substance or mixture 12
989		-	involved: 13
990		-	a. Is four grams or more, but less than 14 grams, such person shall be 14
991		-	punished as a Class E felon and shall be sentenced to a minimum term 15
992		-	of 90 months and a maximum term of 120 months in the State's prison 16
993		-	and shall be fined five hundred thousand dollars ($500,000). 17
994		-	b. Is 14 grams or more, but less than 28 grams, such person shall be 18
995		-	punished as a Class D felon and shall be sentenced to a minimum term 19
996		-	of 175 months and a maximum term of 222 months in the State's prison 20
997		-	and shall be fined seven hundred fifty thousand dollars ($750,000). 21
998		-	c. Is 28 grams or more, such person shall be punished as a Class C felon 22
999		-	and shall be sentenced to a minimum term of 225 months and a 23
1000		-	maximum term of 282 months in the State's prison and shall be fined 24
1001		-	one million dollars ($1,000,000). 25
1002		-	…." 26
1003		-	SECTION 19.(b) This section becomes effective December 1, 2025, and applies to 27
1004		-	offenses committed on or after that date. 28
1005		-	29
1006		-	SEVERABILITY, SAVINGS CLAUSE, AND EFFECTIVE DATE 30
1007		-	SECTION 20.(a) If any provision of this act or its application is held invalid, the 31
1008		-	invalidity does not affect other provisions or applications of this act that can be given effect 32
1009		-	without the invalid provisions or application and, to this end, the provisions of this act are 33
1010		-	severable. 34
1011		-	SECTION 20.(b) Prosecutions for offenses committed before the effective date of 35
1012		-	this act are not abated or affected by this act, and the statutes that would be applicable but for 36
1013		-	this act remain applicable to those prosecutions. 37
1014		-	SECTION 20.(c) Except as otherwise provided, this act is effective when it becomes 38
1015		-	law. 39
	758	+	ESTABLISH AN OFFENSE FOR WRONGFULLY ENTERING A PART OF A 42
	759	+	BUILDING NOT OPEN TO THE PUBLIC 43
	760	+	SECTION 14.(a) G.S. 14-54 is amended by adding a new subsection to read: 44
	761	+	"(b1) Any person who knowingly and wrongfully enters any area of a building that is (i) 45
	762	+	commonly reserved for personnel of a commercial business where money or other property is 46
	763	+	kept or (ii) clearly marked with a sign that indicates to the public that entry is forbidden is guilty 47
	764	+	of a Class 1 misdemeanor for a first offense and a Class I felony for a second or subsequent 48
	765	+	offense." 49
	766	+	SECTION 14.(b) This section becomes effective December 1, 2025, and applies to 50
	767	+	offenses committed on or after that date. 51 General Assembly Of North Carolina Session 2025
	768	+	Page 16 Senate Bill 429-First Edition
	769	+	1
	770	+	ALLOW UNLICENSED LAW SCHOOL GRADUATES TO PRACTICE LAW UNDER 2
	771	+	SUPERVISION 3
	772	+	SECTION 15. G.S. 84-7.1 is amended by adding a new subdivision to read: 4
	773	+	"(4) Any law school graduate permitted by the North Carolina State Bar to act as 5
	774	+	a legal intern for a federal, State, local government agency, or for a nonprofit 6
	775	+	corporation qualified to render legal services pursuant to G.S. 84-5.1." 7
	776	+	8
	777	+	CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED TO 9
	778	+	CLASS A THROUGH CLASS E FELONIES 10
	779	+	SECTION 16. G.S. 7B-3101(a) reads as rewritten: 11
	780	+	"(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and 12
	781	+	written notification of any of the following actions to the principal of the school that the juvenile 13
	782	+	attends: 14
	783	+	(1) A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense 15
	784	+	that would constitute a Class A, B1, B2, C, D, or E felony if committed by an 16
	785	+	adult. The principal of the school shall make an individualized decision related 17
	786	+	to the status of the student during the pendency of the matter and not have an 18
	787	+	automatic suspension policy. 19
	788	+	(2) The court transfers jurisdiction over a juvenile to the superior court under 20
	789	+	G.S. 7B-2200.5 or G.S. 7B-2200.G.S. 7B-2200 for an offense that would 21
	790	+	constitute a Class A, B1, B2, C, D, or E felony if committed by an adult. 22
	791	+	(3) The court dismisses under G.S. 7B-2411 the petition that alleges delinquency 23
	792	+	for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 24
	793	+	by an adult. 25
	794	+	(4) The court issues a dispositional order under Article 25 of Chapter 7B of the 26
	795	+	General Statutes including, but not limited to, an order of probation that 27
	796	+	requires school attendance, concerning a juvenile alleged or found delinquent 28
	797	+	for an offense that would be a felony if committed by an adult. 29
	798	+	(5) The court modifies or vacates any order or disposition under G.S. 7B-2600 30
	799	+	concerning a juvenile alleged or found delinquent for an offense that would 31
	800	+	be a Class A, B1, B2, C, D, or E felony if committed by an adult. 32
	801	+	Notification of the school principal in person or by telephone shall be made before the 33
	802	+	beginning of the next school day. Delivery shall be made as soon as practicable but at least within 34
	803	+	five days of the action. Delivery shall be made in person or by certified mail. Notification that a 35
	804	+	petition has been filed shall describe the nature of the offense. Notification of a dispositional 36
	805	+	order, a modified or vacated order, or a transfer to superior court shall describe the court's action 37
	806	+	and any applicable disposition requirements. As used in this subsection, the term "offense" does 38
	807	+	not include any offense under Chapter 20 of the General Statutes." 39
	808	+	40
	809	+	ALLOW TRANSFER OF BIOLOGICAL EVIDENCE BACK TO THE COLLECTING 41
	810	+	AGENCY FOR PRESERVATION 42
	811	+	SECTION 17. G.S. 15A-268(a3) reads as rewritten: 43
	812	+	"(a3) When physical evidence is offered or admitted into evidence in a criminal proceeding 44
	813	+	of the General Court of Justice, the presiding judge shall inquire of the State and defendant as to 45
	814	+	the identity of the collecting agency of the evidence and whether the evidence in question is 46
	815	+	reasonably likely to contain biological evidence and if that biological evidence is relevant to 47
	816	+	establishing the identity of the perpetrator in the case. If either party asserts that the evidence in 48
	817	+	question may have biological evidentiary value, and the court so finds, the court shall instruct 49
	818	+	that the evidence be so designated in the court's records and that the evidence be preserved 50
	819	+	pursuant to the requirements of this section. The court may order that the evidence be returned 51 General Assembly Of North Carolina Session 2025
	820	+	Senate Bill 429-First Edition Page 17
	821	+	to the collecting agency to be preserved pursuant to subsection (a4) of this section at a request 1
	822	+	from the district attorney, the clerk, and the collecting agency if the court finds that the collecting 2
	823	+	agency is better equipped to preserve the evidence and the district attorney, the clerk, and the 3
	824	+	collecting agency all agree. If the court orders the return pursuant to this subsection, the evidence 4
	825	+	shall be preserved until such time as the clerk notifies the collecting agency that preservation is 5
	826	+	no longer required for the period prescribed in subsection (a4) of this section and the period 6
	827	+	required pursuant to subsection (a6) of this section has also passed." 7
	828	+	8
	829	+	REVISE LAW GOVERNING THE RECORDING OF COURT PROCEEDINGS 9
	830	+	SECTION 18.(a) G.S. 15A-1241 reads as rewritten: 10
	831	+	"§ 15A-1241. Record of proceedings. 11
	832	+	(a) The trial judge must require that the reporter make a true, complete, and accurate 12
	833	+	record of all statements from the bench and all other proceedings except: 13
	834	+	(1) Selection of the jury in noncapital cases; 14
	835	+	(2) Opening statements and final arguments of counsel to the jury; and 15
	836	+	(3) Arguments of counsel on questions of law. 16
	837	+	(b) Upon motion of any party or on the judge's own motion, proceedings excepted under 17
	838	+	subdivisions (1) and (2) of subsection (a) of this section must be recorded. The motion for 18
	839	+	recordation of jury arguments must be made before the commencement of any argument and if 19
	840	+	one argument is recorded all must be. Upon suggestion of improper argument, when no 20
	841	+	recordation has been requested or ordered, the judge in his discretion may require the remainder 21
	842	+	to be recorded. 22
	843	+	…." 23
	844	+	SECTION 18.(b) This section is effective when it becomes law and applies to 24
	845	+	proceedings commenced on or after that date. 25
	846	+	26
	847	+	INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF FAILURE 27
	848	+	TO YIELD THAT RESULTS IN SERIO US BODILY INJURY 28
	849	+	SECTION 19.(a) G.S. 20-160.1(a) reads as rewritten: 29
	850	+	"(a) Unless the conduct is covered under some other law providing greater punishment, a 30
	851	+	person who commits the offense of failure to yield while approaching or entering an intersection, 31
	852	+	turning at a stop or yield sign, entering a roadway, upon the approach of an emergency vehicle, 32
	853	+	or at highway construction or maintenance shall be punished under this section. When there is 33
	854	+	serious bodily injury but no death resulting from the violation, the violator is guilty of a Class 2 34
	855	+	misdemeanor, which shall be fined include a fine of five hundred dollars ($500.00) and and, upon 35
	856	+	conviction, revocation of the violator's drivers license or commercial drivers license shall be 36
	857	+	suspended for 90 days." 37
	858	+	SECTION 19.(b) This section becomes effective December 1, 2025, and applies to 38
	859	+	offenses committed on or after that date. 39
	860	+	40
	861	+	INCREASE THE PENALTY FOR FAILURE TO YIELD THE RIGHT -OF-WAY TO A 41
	862	+	BLIND OR PARTIALLY BLIND PEDESTRIAN 42
	863	+	SECTION 20.(a) G.S. 20-175.2 reads as rewritten: 43
	864	+	"§ 20-175.2. Right-of-way at crossings, intersections and traffic-control signal points; white 44
	865	+	cane or guide dog to serve as signal for the blind. 45
	866	+	At any street, road or highway crossing or intersection, where the movement of traffic is not 46
	867	+	regulated by a traffic officer or by traffic-control signals, any blind or partially blind pedestrian 47
	868	+	shall be entitled to the right-of-way at such crossing or intersection, if such blind or partially 48
	869	+	blind pedestrian shall extend before him at arm's length a cane white in color or white tipped with 49
	870	+	red, or if such person is accompanied by a guide dog. Upon receiving such a signal, all vehicles 50
	871	+	at or approaching such intersection or crossing shall come to a full stop, leaving a clear lane 51 General Assembly Of North Carolina Session 2025
	872	+	Page 18 Senate Bill 429-First Edition
	873	+	through which such pedestrian may pass, and such vehicle shall remain stationary until such blind 1
	874	+	or partially blind pedestrian has completed the passage of such crossing or intersection. At any 2
	875	+	street, road or highway crossing or intersection, where the movement of traffic is regulated by 3
	876	+	traffic-control signals, blind or partially blind pedestrians shall be entitled to the right-of-way if 4
	877	+	such person having such cane or accompanied by a guide dog shall be partly across such crossing 5
	878	+	or intersection at the time the traffic-control signals change, and all vehicles shall stop and remain 6
	879	+	stationary until such pedestrian has completed passage across the intersection or crossing. Any 7
	880	+	person who fails to yield the right-of-way to a blind or partially blind pedestrian as required by 8
	881	+	this section is guilty of a Class 2 misdemeanor." 9
	882	+	SECTION 20.(b) This section becomes effective December 1, 2026, and applies to 10
	883	+	offenses committed on or after that date. 11
	884	+	12
	885	+	SEVERABILITY, SAVINGS CLAUSE, AND EFFECTIVE DATE 13
	886	+	SECTION 21.(a) If any provision of this act or its application is held invalid, the 14
	887	+	invalidity does not affect other provisions or applications of this act that can be given effect 15
	888	+	without the invalid provisions or application and, to this end, the provisions of this act are 16
	889	+	severable. 17
	890	+	SECTION 21.(b) Prosecutions for offenses committed before the effective date of 18
	891	+	this act are not abated or affected by this act, and the statutes that would be applicable but for 19
	892	+	this act remain applicable to those prosecutions. 20
	893	+	SECTION 21.(c) Except as otherwise provided, this act is effective when it becomes 21
	894	+	law. 22