GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 2
SENATE BILL 429
Judiciary Committee Substitute Adopted 4/16/25
Short Title: 2025 Public Safety Act. (Public)
Sponsors:
Referred to:
March 25, 2025
*S429 -v-2*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE VARIO US CHANGES RELATED T O THE CRIMINAL LAWS OF 2
NORTH CAROLINA. 3
The General Assembly of North Carolina enacts: 4
5
CREATE NEW CRIMINAL OFFENSE FOR EXPOSING A CHILD TO A 6
CONTROLLED SUBSTANCE 7
SECTION 1.(a) Article 39 of Chapter 14 of the General Statutes is amended by 8
adding a new section to read: 9
"§ 14-318.7. Exposing a child to a controlled substance. 10
(a) Definitions. – The following definitions apply in this section: 11
(1) Child. – Any person who is less than 16 years of age. 12
(2) Controlled substance. – A controlled substance, controlled substance 13
analogue, drug, marijuana, narcotic drug, opiate, opioid, opium poppy, poppy 14
straw, or targeted controlled substance, all as defined in G.S. 90-87. 15
(3) Ingest. – Any means used to take into the body, to eat or drink, or otherwise 16
consume or absorb into the body in any way. 17
(b) A person who knowingly, intentionally, or with reckless disregard for human life 18
causes or permits a child to be exposed to a controlled substance is guilty of a Class H felony. 19
(c) A person who knowingly, intentionally, or with reckless disregard for human life 20
causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests 21
the controlled substance is guilty of a Class E felony. 22
(d) A person who knowingly, intentionally, or with reckless disregard for human life 23
causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests 24
the controlled substance, resulting in serious physical injury as defined in G.S. 14-318.4, is guilty 25
of a Class D felony. 26
(e) A person who knowingly, intentionally, or with reckless disregard for human life 27
causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests 28
the controlled substance, resulting in serious bodily injury as defined in G.S. 14-318.4, is guilty 29
of a Class C felony. 30
(f) A person who knowingly, intentionally, or with reckless disregard for human life 31
causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests 32
the controlled substance, and the ingestion is the proximate cause of death, is guilty of a Class 33
B1 felony. 34
(g) The punishments set forth in subsections (b) through (f) of this section apply unless 35
the conduct is covered under some other provision of law providing greater punishment. 36 General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 429-Second Edition
(h) This section does not apply to a person that intentionally gives a child a controlled 1
substance that has been prescribed for the child by a licensed medical professional when given 2
to the child in the prescribed amount and manner." 3
SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 4
offenses committed on or after that date. 5
6
INCREASE PUNISHMENT FOR POSSESSING A FIREARM OR WEAPON OF MASS 7
DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR 8
ATTEMPTED COMMISSION OF A FELONY 9
SECTION 2.(a) G.S. 14-415.1 reads as rewritten: 10
"§ 14-415.1. Possession of firearms, etc., by felon prohibited. 11
(a) It shall be is unlawful for any person who has been convicted of a felony to purchase, 12
own, possess, or have in his the person's custody, care, or control any firearm or any weapon of 13
mass death and destruction as defined in G.S. 14-288.8(c). For the purposes of this section, a 14
firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be 15
converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any 16
firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined 17
in G.S. 14-409.11. 18
Every person violating the provisions of this section shall be punished as subsection is guilty 19
of a Class G felon.felony. 20
(a1) A person who violates subsection (a) of this section during the commission or 21
attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the 22
General Statutes is guilty of a Class F felony. 23
(a2) A person who violates subsection (a) of this section and brandishes a firearm or a 24
weapon of mass death and destruction during the commission or attempted commission of a 25
felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a 26
Class D felony. For the purposes of this subsection, to brandish is to display all or part of the 27
firearm or weapon of mass death and destruction or otherwise make the presence of the firearm 28
or weapon of mass death and destruction known to another person. 29
(a3) A person who violates subsection (a) of this section and discharges a firearm or a 30
weapon of mass death and destruction during the commission or attempted commission of a 31
felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a 32
Class C felony. 33
(b) Prior convictions which cause disentitlement under this section shall only include: 34
(1) Felony convictions in North Carolina that occur before, on, or after December 35
1, 1995; and 36
(2) Repealed by Session Laws 1995, c. 487, s. 3, effective December 1, 1995. 37
(3) Violations of criminal laws of other states or of the United States that occur 38
before, on, or after December 1, 1995, and that are substantially similar to the 39
crimes covered in subdivision (1) which are punishable where committed by 40
imprisonment for a term exceeding one year. 41
When a person is charged under this section, records of prior convictions of any offense, whether 42
in the courts of this State, or in the courts of any other state or of the United States, shall be 43
admissible in evidence for the purpose of proving a violation of this section. The term 44
"conviction" is defined as a final judgment in any case in which felony punishment, or 45
imprisonment for a term exceeding one year, as the case may be, is authorized, without regard to 46
the plea entered or to the sentence imposed. A judgment of a conviction of the defendant or a 47
plea of guilty by the defendant to such an offense certified to a superior court of this State from 48
the custodian of records of any state or federal court shall be prima facie evidence of the facts so 49
certified. 50 General Assembly Of North Carolina Session 2025
Senate Bill 429-Second Edition Page 3
(c) The indictment charging the defendant under the terms of this section shall be separate 1
from any indictment charging him with other offenses related to or giving rise to a charge under 2
this section. An indictment which charges the person with violation of this section must set forth 3
the date that the prior offense was committed, the type of offense and the penalty therefor, and 4
the date that the defendant was convicted or plead guilty to such offense, the identity of the court 5
in which the conviction or plea of guilty took place and the verdict and judgment rendered 6
therein. 7
(d) This section does not apply to a person who, pursuant to the law of the jurisdiction in 8
which the conviction occurred, has been pardoned or has had his or her firearms rights restored 9
if such restoration of rights could also be granted under North Carolina law. 10
(e) This section does not apply and there is no disentitlement under this section if the 11
felony conviction is a violation under the laws of North Carolina, another state, or the United 12
States that pertains to antitrust violations, unfair trade practices, or restraints of trade." 13
SECTION 2.(b) This section becomes effective December 1, 2025, and applies to 14
offenses committed on or after that date. 15
16
REVISE LAWS PERTAINING TO THE DISCLOSURE AND RELEASE OF AUTOPSY 17
INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE CHIEF 18
MEDICAL EXAMINER 19
SECTION 3.(a) G.S. 130A-385 reads as rewritten: 20
"§ 130A-385. Duties of medical examiner upon receipt of notice; reports; copies. 21
… 22
(d) Upon request by the district attorney, the Office of the Chief Medical Examiner, the 23
local medical examiner, and the autopsy center, as applicable, shall provide a complete copy of 24
the medical examiner investigation file to the appropriate district attorney. For purposes of this 25
subsection, the "medical examiner investigation file" means the finalized toxicology report, the 26
finalized autopsy report, any autopsy examination notes, any death scene notes, the finalized 27
report of investigation of a medical examiner, the case encounter form, any case comments, any 28
case notes, any autopsy photographs, any scene photographs, and any video or audio recordings 29
of the autopsy examination in the custody and control of the North Carolina Office of the Chief 30
Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical 31
examiner appointed under G.S. 130A-382, or an investigating medical examiner examiner, or an 32
autopsy center in connection with a death under criminal investigation by a public law 33
enforcement agency. Each records custodian shall be is responsible for providing the portions of 34
the medical examiner investigation file within its custody and control. This is a continuing 35
disclosure obligation, and each records custodian shall provide to the district attorney any records 36
or other materials responsive to the district attorney's request that are discovered or added to the 37
medical examiner investigation file after the request was made shall also be provided to the 38
district attorney. has been made. The district attorney or investigating law enforcement agency 39
shall inform the Chief Medical Examiner, the county medical examiner, or the autopsy center, 40
Examiner, the county medical examiner appointed under G.S. 130A-382, the investigating 41
medical examiner, and the autopsy center, as applicable, if when the death is no longer under 42
criminal investigation and the continuing disclosure obligation is has terminated. 43
(d1) Upon notice from the investigating public law enforcement agency or prosecuting 44
district attorney that a death is under criminal investigation or the subject of a criminal 45
prosecution, any records, worksheets, reports, photographs, tests, or analyses compiled, prepared, 46
or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief 47
Medical Examiner, a county medical examiner appointed under G.S. 130A-382, an investigating 48
medical examiner, or an autopsy center, including any autopsy photographs or video or audio 49
recordings, related to that death shall be treated as records of criminal investigations pursuant to 50
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
Page 4 Senate Bill 429-Second Edition
subsection may only be disclosed or released pursuant to G.S. 130A-389.1. A finalized 1
toxicology report, finalized autopsy report, or finalized report of investigation of a medical 2
examiner subject to the provisions of this subsection may only be disclosed or released as follows 3
and recipients of reports pursuant to the following subdivisions may not disclose the reports to 4
the public unless otherwise authorized by law: 5
(1) The custodian of the finalized reports may release a copy at a time and location 6
determined by the custodial agency (i) to a personal representative of the 7
decedent's estate to enable the personal representative to fulfill his or her 8
duties under the law, (ii) to a beneficiary of a benefit or claim associated with 9
the decedent for purposes of receiving the benefit or resolving the claim, or 10
(iii) to the decedent's spouse, child or stepchild, parent or stepparent, sibling, 11
or legal guardian. 12
(2) The Office of the Chief Medical Examiner, a pathologist designated by the 13
Chief Medical Examiner, a county medical examiner appointed under 14
G.S. 130A-382, an investigating medical examiner, or an autopsy center is not 15
prohibited from disclosing or releasing information or reports when necessary 16
to conduct a thorough and complete death investigation, to consult with 17
outside physicians and other professionals during the death investigation, and 18
to conduct necessary toxicological screenings. 19
(3) When disclosing information to the investigating public law enforcement 20
agency or prosecuting district attorney. 21
(4) When disclosing or releasing information or reports is necessary (i) to address 22
public health or safety concerns, (ii) for public health purposes, including 23
public health surveillance, investigations, interventions, and evaluations, (iii) 24
to facilitate research, (iv) to comply with reporting requirements under State 25
or federal law or in connection with State or federal grants, or (v) to comply 26
with any other duties imposed by law. 27
(d2) Records and materials subject to the provisions of subsection (d1) of this section shall 28
continue to be records of criminal investigations pursuant to G.S. 132-1.4 until the Office of the 29
Chief Medical Examiner, county medical examiner, or autopsy center that is custodian of the 30
records receives notification from the investigating public law enforcement agency or the 31
prosecuting district attorney of the conclusion of the criminal investigation or prosecution or the 32
decision to terminate the criminal investigation of the death. The notification required by this 33
section shall be made on a form created by the Administrative Office of the Courts and completed 34
by either the investigating public law enforcement agency or the prosecuting district attorney. 35
The Chief Medical Examiner, county medical examiner, or autopsy center may rely on a 36
completed notification form conveyed by a third party. The Office of the Chief Medical Examiner 37
and its staff, the county medical examiner, and the autopsy center and its staff shall have no 38
criminal or civil liability for relying on a notice provided pursuant to this subsection. 39
(d3) Except as provided in subsection (d4) of this section, any records, worksheets, reports, 40
photographs, tests, or analyses compiled, prepared, or conducted by the Office of the Chief 41
Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical 42
examiner appointed under G.S. 130A-382, an investigating medical examiner, or an autopsy 43
center in connection with the death of a child who was under 18 years of age at the time of death, 44
including any autopsy photographs or video or audio recordings, are confidential and may be 45
disclosed or released only with the prior written consent of the deceased child's parent or guardian 46
or a person standing in loco parentis to the deceased child or as follows: 47
(1) The custodian of the finalized autopsy report may release a copy at a time and 48
location determined by the custodial agency to a personal representative of the 49
decedent's estate to enable the personal representative to fulfill his or her 50
duties under the law. 51 General Assembly Of North Carolina Session 2025
Senate Bill 429-Second Edition Page 5
(2) The Office of the Chief Medical Examiner, a pathologist designated by the 1
Chief Medical Examiner, a county medical examiner appointed under 2
G.S. 130A-382, an investigating medical examiner, or an autopsy center is not 3
prohibited from disclosing or releasing information or reports when necessary 4
to address public health or safety concerns; for public health purposes, 5
including public health surveillance, investigations, interventions, and 6
evaluations; to facilitate research; to comply with reporting requirements 7
under State or federal law or in connection with State or federal grants; or to 8
comply with any other duties imposed by law. 9
(3) The custodian of the finalized autopsy report and any related documents shall, 10
upon request, release copies of the report and those documents to the surviving 11
spouse of the deceased, the deceased's parents, any adult children of the 12
deceased, any legal guardian or custodian of the deceased, any legal guardian 13
or custodian of a child of the deceased, or any person holding power of 14
attorney or healthcare attorney for the deceased. 15
(4) The legal representatives of any person authorized to receive records under 16
this section. 17
Notwithstanding the provisions of this subsection, any materials that are subject to the 18
provisions of subsection (d1) of this section may only be disclosed pursuant to that subsection 19
while the death is under criminal investigation by a public law enforcement agency or during the 20
pendency of criminal charges associated with a death. 21
(d4) When any records or materials are subject to the provisions of both subsections (d1) 22
and (d3) of this section, the records and materials shall not be disclosed or released except as 23
authorized by subsection (d1) of this section until the Office of the Chief Medical Examiner, 24
county medical examiner, or autopsy center that is custodian of the records or materials has 25
received notification of the conclusion of the criminal investigation or prosecution or the decision 26
to terminate the criminal investigation of the death pursuant to subsection (d2) of this section. 27
(d5) Any person who willfully and knowingly discloses or releases records or materials in 28
violation of subsection (d1) or (d3) of this section, or who willfully and knowingly possesses or 29
disseminates records or materials that were disclosed or released in violation of subsection (d1) 30
or (d3) of this section, is guilty of a Class 1 misdemeanor; provided, however, that more than one 31
occurrence of disclosure, release, possession, or dissemination of the same item by the same 32
person is not a separate offense. No person shall be guilty of a Class 1 misdemeanor under this 33
subsection for disclosing, releasing, possessing, or disseminating records or materials if, at the 34
time of the disclosure, release, possession, or dissemination, notice that the record or material is 35
record of a criminal investigation had not been provided as required by subsection (d1) of this 36
section. As used in this subsection, the term "disclose" means the act of making records or 37
materials available for viewing or listening by a person or entity upon request, at a time and 38
location chosen by the custodial agency, and the term "release" means the act of the custodial 39
agency in providing a copy of records or materials. 40
(d6) Any other person or entity seeking disclosure or release of records or materials 41
covered under subsection (d1) or (d3) of this section may commence a special proceeding in the 42
superior court of the county where the death that is the subject of the records or materials occurred 43
to obtain a court order for disclosure or release of the records or materials. The court may conduct 44
an in-camera review of the records or materials. Upon a showing of good cause, a superior court 45
judge may issue an order authorizing the disclosure or release of the records or materials and 46
may prescribe any restrictions or stipulations that the superior court judge deems appropriate. 47
The petitioner shall provide reasonable notice of the commencement of the special proceeding 48
and reasonable notice of the opportunity to be present and heard at any hearing on the matter in 49
accordance with Rule 5 of the Rules of Civil Procedure. The notice shall be provided, in writing, 50
to all of the following: 51 General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 429-Second Edition
(1) The Office of the Chief Medical Examiner. 1
(2) The district attorney of the county in which the death occurred. 2
(3) The personal representative of the estate of the deceased, if any. 3
(4) If the record or material is subject to the provisions of subsection (d1) of this 4
section, the surviving spouse of the deceased. If there is no surviving spouse, 5
then the notice shall be provided to the deceased's parents, and if the deceased 6
has no living parent, then to the adult child of the deceased or to the guardian 7
or custodian of a minor child of the deceased. 8
(5) If the record or material is subject to the provisions of subsection (d2) of this 9
section, to the deceased child's parents or guardian, or to the person standing 10
in loco parentis to the deceased child. 11
In determining good cause, the judge shall consider whether the disclosure or release is 12
necessary for the public evaluation of governmental performance, the seriousness of the intrusion 13
into the family's right to privacy, whether the requested disclosure or release is the least intrusive 14
means available, the need to withhold the records to facilitate the investigation or prosecution of 15
criminal offenses, the rights of the defendant in any ongoing criminal investigation or 16
prosecution, the public interest in having access to the records or materials, and the availability 17
of similar information in other public records, regardless of form. A party aggrieved by an order 18
of the superior court authorized by this subsection may appeal in accordance with Article 27 of 19
Chapter 1 of the General Statutes. 20
(e) In cases where death occurred due to an injury received in the course of the decedent's 21
employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of 22
the medical examiner's report of the investigation, including the location of the fatal injury and 23
the name and address of the decedent's employer at the time of the fatal injury. The Chief Medical 24
Examiner shall forward this report within 30 days of receipt of the information from the medical 25
examiner. Upon written request by the Commissioner of Labor, the Chief Medical Examiner 26
shall provide the finalized autopsy report within five months of the date of the request. 27
(f) If a death occurred in a facility licensed subject to Article 2 or Article 3 of Chapter 28
122C of the General Statutes, or Articles 1 or 1A of Chapter 131D of the General Statutes, and 29
the deceased was a client or resident of the facility or a recipient of facility services at the time 30
of death, then the Chief Medical Examiner shall forward a copy of the medical examiner's report 31
to the Secretary of Health and Human Services within 30 days of after receipt of the report from 32
the medical examiner." 33
SECTION 3.(b) G.S. 130A-389(a) reads as rewritten: 34
"(a) The Chief Medical Examiner or a competent pathologist designated by the Chief 35
Medical Examiner shall perform an autopsy or other study in each of the following cases: 36
(1) If, in the opinion of the medical examiner investigating the case or of the Chief 37
Medical Examiner, it is advisable and in the public interest that an autopsy or 38
other study be made. 39
(2) If an autopsy or other study is requested by the district attorney of the county 40
or by any superior court judge. 41
(3) Notwithstanding subdivision (2) of this subsection, in any case in which the 42
district attorney of the county asserts to the Chief Medical Examiner or the 43
medical examiner of the county in which the body was located that there is 44
probable cause to believe that a violation of G.S. 14-18.4 has occurred, a 45
complete autopsy shall be performed. The district attorney has at least 72 46
weekday hours after pronouncement of death by a person authorized under 47
this Part to express the opinion that death has occurred to make the assertion 48
required by this subdivision, provided that the district attorney or the 49
investigating law enforcement agency provides notification within the first 24 50
hours after the pronouncement that such an assertion might be made. The 51 General Assembly Of North Carolina Session 2025
Senate Bill 429-Second Edition Page 7
district attorney may, but is not required to, assert to the Chief Medical 1
Examiner the facts supporting probable cause to believe that a violation of 2
G.S. 14-18.4 has occurred. 3
A complete autopsy report of findings and interpretations, prepared on forms designated for 4
the purpose, shall be submitted promptly to the Chief Medical Examiner. Subject to the 5
limitations of G.S. 130A-389.1 relating to photographs and video or audio recordings of an 6
autopsy, a copy of the report shall be furnished to any person upon request.request unless the 7
report is protected from disclosure or release under subsection (d1) or (d3) of G.S. 130A-385." 8
SECTION 3.(c) G.S. 130A-389.1 reads as rewritten: 9
"§ 130A-389.1. Photographs and video or audio recordings made pursuant to autopsy. 10
(a) Except as otherwise provided by law, law and excluding (i) any records or materials 11
treated as records of criminal investigations under G.S. 130A-385(d1) and (ii) any confidential 12
materials in connection with the death of a child who was under 18 years of age at the time of 13
death that a parent or guardian or person standing in loco parentis elects to protect from disclosure 14
or release under G.S. 130A-385(d3), any person may inspect and examine original photographs 15
or video or audio recordings of an autopsy performed pursuant to G.S. 130A-389(a) at reasonable 16
times and under reasonable supervision of the custodian of the photographs or recordings. Except 17
as otherwise provided by this section, no custodian of the original recorded images shall furnish 18
copies of photographs or video or audio recordings of an autopsy to the public. For purposes of 19
this section, the Chief Medical Examiner shall be the custodian of all autopsy photographs or 20
video or audio recordings unless the photographs or recordings were taken by or at the direction 21
of an investigating medical examiner and the investigating medical examiner retains the original 22
photographs or recordings. If Except in cases in which the records or materials are protected from 23
disclosure or release under subsection (d1) or (d3) of G.S. 130A-385, if the investigating medical 24
examiner has retained the original photographs or recordings, then the investigating medical 25
examiner is the custodian of the photographs or video or audio recordings and must shall allow 26
the public to inspect and examine them in accordance with this subsection. 27
… 28
(d) A person who is denied access to copies of photographs or video or audio recordings, 29
or who is restricted in the use the person may make of the photographs or video or audio 30
recordings under this section, may commence a special proceeding in accordance with Article 33 31
of Chapter 1 of the General Statutes. Upon a showing of good cause, the clerk may issue an order 32
authorizing the person to copy or disclose a photograph or video or audio recording of an autopsy 33
and may prescribe any restrictions or stipulations that the clerk deems appropriate. In determining 34
good cause, the clerk shall consider whether the disclosure is necessary for the public evaluation 35
of governmental performance; the seriousness of the intrusion into the family's right to privacy 36
and whether the disclosure is the least intrusive means available; and the availability of similar 37
information in other public records, regardless of form. In all cases, the viewing, copying, 38
listening to, or other handling of a photograph or video or audio recording of an autopsy shall be 39
under the direct supervision of the Chief Medical Examiner or the Chief Medical Examiner's 40
designee. A party aggrieved by an order of the clerk may appeal to the appropriate court in 41
accordance with Article 27A of Chapter 1 of the General Statutes. This subsection does not apply 42
to autopsy photographs or video or audio recordings that are (i) treated as records of criminal 43
investigations under G.S. 130A-385(d1), which may be disclosed or released to other persons or 44
entities only in accordance with G.S. 130A-385(d2) or (d6), or (ii) of a deceased child that was 45
under 18 years of age at the time of death that a parent or guardian or person standing in loco 46
parentis elects to protect from disclosure or release under G.S. 130A-385(d3), which may be 47
disclosed or released to other persons or entities only with the prior consent of the deceased 48
child's parent or guardian or person standing in loco parentis, or in accordance with 49
G.S. 130A-385(d6). 50
…." 51 General Assembly Of North Carolina Session 2025
Page 8 Senate Bill 429-Second Edition
SECTION 3.(d) G.S. 132-1.8 reads as rewritten: 1
"§ 132-1.8. Confidentiality of photographs and video or audio recordings made pursuant 2
to autopsy. 3
Except as otherwise provided in G.S. 130A-389.1, a photograph or video or audio recording 4
of an official autopsy is not a public record as defined by G.S. 132-1. However, the text of an 5
official autopsy report, including any findings and interpretations prepared in accordance with 6
G.S. 130A-389(a), is a public record and fully accessible by the public. public, unless the report 7
is protected from disclosure or release under subsection (d1) or (d3) of G.S. 130A-385. For 8
purposes of this section, an official autopsy is an autopsy performed pursuant to 9
G.S. 130A-389(a)." 10
SECTION 3.(e) This section becomes effective October 1, 2025. 11
12
INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF 13
SOLICITATION OF MINORS BY COMPUTER 14
SECTION 4.(a) G.S. 14-202.3(c) reads as rewritten: 15
"(c) Punishment. – A violation of this section is punishable as follows: 16
(1) A Except as otherwise provided in this subsection, a first violation of this 17
section is a Class H felony except as provided by subdivision (2) of this 18
subsection.Class G felony. A second or subsequent violation of this section, 19
or a first violation of this section committed when the defendant had a prior 20
conviction in any federal or state court in the United States that is substantially 21
similar to the offense set forth in this section, is a Class E felony. 22
(2) If either the defendant, or any other person for whom the defendant was 23
arranging the meeting in violation of this section, actually appears at the 24
meeting location, then the violation is a Class G felony.Class D felony." 25
SECTION 4.(b) This section becomes effective December 1, 2025, and applies to 26
offenses committed on or after that date. 27
28
REVISE THE LAW GOVERNING THE GRANTING OF IMMUNITY TO WITNESSES 29
SECTION 5.(a) G.S. 15A-1052(b) reads as rewritten: 30
"(b) The application may be made whenever, in the judgment of the district attorney, the 31
witness has asserted or is likely to assert his the witness's privilege against self-incrimination and 32
his the witness's testimony or other information is or will be necessary to the public interest. 33
Before making application to the judge, the district attorney must inform the Attorney General, 34
or a deputy or assistant attorney general designated by him, of the circumstances and his intent 35
to make an application." 36
SECTION 5.(b) G.S. 15A-1053(b) reads as rewritten: 37
"(b) The application may be made when the district attorney has been informed by the 38
foreman of the grand jury that the witness has asserted his the witness's privilege against 39
self-incrimination and the district attorney determines that the testimony or other information is 40
necessary to the public interest. Before making application to the judge, the district attorney must 41
inform the Attorney General, or a deputy or assistant attorney general designated by him, of the 42
circumstances and his intent to make an application." 43
SECTION 5.(c) This section is effective when it becomes law and applies to 44
applications made on or after that date. 45
46
REQUIRE CERTAIN PETITIONS PERTAINING TO SEX OFFENDER 47
REGISTRATION BE PLACED ON THE CRIMINAL DOCKET 48
SECTION 6.(a) G.S. 14-208.12A(a) reads as rewritten: 49
"§ 14-208.12A. Request for termination of registration requirement. 50 General Assembly Of North Carolina Session 2025
Senate Bill 429-Second Edition Page 9
(a) Ten years from the date of initial county registration, a person required to register 1
under this Part may petition the superior court to terminate the 30-year registration requirement 2
if the person has not been convicted of a subsequent offense requiring registration under this 3
Article. 4
If the reportable conviction is for an offense that occurred in North Carolina, the petition shall 5
be filed in the district where the person was convicted of the offense. 6
If the reportable conviction is for an offense that occurred in another state, the petition shall 7
be filed in the district where the person resides. A person who petitions to terminate the 8
registration requirement for a reportable conviction that is an out-of-state offense shall also do 9
the following: (i) provide written notice to the sheriff of the county where the person was 10
convicted that the person is petitioning the court to terminate the registration requirement and (ii) 11
include with the petition at the time of its filing, an affidavit, signed by the petitioner, that verifies 12
that the petitioner has notified the sheriff of the county where the person was convicted of the 13
petition and that provides the mailing address and contact information for that sheriff. 14
Regardless of where the offense occurred, if the defendant was convicted of a reportable 15
offense in any federal court, the conviction will be treated as an out-of-state offense for the 16
purposes of this section. 17
The clerk of court, upon receipt of the petition, shall collect the applicable filing fee and place 18
the petition on the criminal docket to be calendared by the district attorney pursuant to 19
G.S. 7A-49.4." 20
SECTION 6.(b) G.S. 14-208.12B(b) reads as rewritten: 21
"(b) The petition shall be filed in the county in which the person resides using a form 22
created by the Administrative Office of the Courts. The petition must be filed with the clerk of 23
court within 30 days of the person's receipt of the notification of the requirement to register from 24
the sheriff. The person filing the petition must serve a copy of the petition on the office of the 25
district attorney and the sheriff in the county where the person resides within three days of filing 26
the petition with the clerk of court. The clerk, upon receipt of the petition, shall collect the 27
applicable filing fee and place the petition on the criminal docket to be calendared by the district 28
attorney pursuant to G.S. 7A-49.4. The petition shall be calendared at the next regularly 29
scheduled term of superior court. At the first setting, the petitioner must be advised of the right 30
to have counsel present at the hearing and to the appointment of counsel if the petitioner cannot 31
afford to retain counsel. Appointment of counsel shall be in accordance with rules adopted by 32
the Office of Indigent Defense Services." 33
SECTION 6.(c) This section becomes effective December 1, 2025, and applies to 34
petitions filed on or after that date. 35
36
ALLOW PERSONS OUTSIDE OF THIS STATE TO FILE FOR A DOMESTIC 37
VIOLENCE PROTECTION ORDER 38
SECTION 7.(a) G.S. 50B-2(a) reads as rewritten: 39
"(a) Any person residing in this State State, or seeking relief for acts that have occurred in 40
this State and the defendant resides in this State, may seek relief under this Chapter by filing a 41
civil action or by filing a motion in any existing action filed under Chapter 50 of the General 42
Statutes alleging acts of domestic violence against himself or herself or a minor child who resides 43
with or is in the custody of such person. Any aggrieved party entitled to relief under this Chapter 44
may file a civil action and proceed pro se, without the assistance of legal counsel. The district 45
court division of the General Court of Justice shall have original jurisdiction over actions 46
instituted under this Chapter. Any action for a domestic violence protective order requires that a 47
summons be issued and served. The summons issued pursuant to this Chapter shall require the 48
defendant to answer within 10 days of the date of service. Attachments to the summons shall 49
include the complaint, notice of hearing, any temporary or ex parte order that has been issued, 50
and other papers through the appropriate law enforcement agency where the defendant is to be 51 General Assembly Of North Carolina Session 2025
Page 10 Senate Bill 429-Second Edition
served. In compliance with the federal Violence Against Women Act, no court costs or attorneys' 1
fees shall be assessed for the filing, issuance, registration, or service of a protective order or 2
petition for a protective order or witness subpoena, except as provided in G.S. 1A-1, Rule 11." 3
SECTION 7.(b) This section becomes effective December 1, 2025, and applies to 4
civil actions or motions filed on or after that date. 5
6
REVISE REQUIREMENT UNDER THE CRIME VICTIMS COMPENSATION ACT 7
THAT CRIMINALLY INJURIOUS CONDUCT BE REPORTED TO LAW 8
ENFORCEMENT WITHIN 72 HOURS OF ITS OCCURRENCE 9
SECTION 8.(a) G.S. 15B-11(a) reads as rewritten: 10
"(a) An award of compensation shall be denied if:if any of the following apply: 11
(1) The claimant fails to file an application for an award within two years after 12
the date of the criminally injurious conduct that caused the injury or death for 13
which the claimant seeks the award;award. 14
(2) The economic loss is incurred after one year from the date of the criminally 15
injurious conduct that caused the injury or death for which the victim seeks 16
the award, except in the case where the victim for whom compensation is 17
sought was 10 years old or younger at the time the injury occurred. In that 18
case an award of compensation will be denied if the economic loss is incurred 19
after two years from the date of the criminally injurious conduct that caused 20
the injury or death for which the victim seeks the award;award. 21
(3) The criminally injurious conduct was not reported to a law enforcement 22
officer or agency within 72 hours six months of its occurrence, and there was 23
no good cause for the delay;delay. 24
(4) The award would benefit the offender or the offender's accomplice, unless a 25
determination is made that the interests of justice require that an award be 26
approved in a particular case;case. 27
(5) The criminally injurious conduct occurred while the victim was confined in 28
any State, county, or city prison, correctional, youth services, or juvenile 29
facility, or local confinement facility, or half-way house, group home, or 30
similar facility; orfacility. 31
(6) The victim was participating in a felony at or about the time that the victim's 32
injury occurred." 33
SECTION 8.(b) This section is effective when it becomes law and applies to 34
applications filed on or after that date. 35
36
REVISE CRIMINAL OFFENSE OF SECRETLY PEEPING INTO ROOM OCCUPIED 37
BY ANOTHER PERSON 38
SECTION 9.(a) G.S. 14-202 reads as rewritten: 39
"§ 14-202. Secretly peeping into room occupied by another person. 40
(a) Any person who shall peep secretly into any room occupied by another person shall 41
be guilty of a Class 1 misdemeanor. 42
(a1) Unless covered by another provision of law providing greater punishment, any person 43
who secretly or surreptitiously peeps underneath or through the clothing being worn by another 44
person, through the use of a mirror or other device, for the purpose of viewing the body of, or the 45
undergarments worn by, that other person without their consent shall be guilty of a Class 1 46
misdemeanor. 47
(b) For purposes of this section:The following definitions apply in this section: 48
(1) The term "photographic image" means any Photographic image. – Any 49
photograph or photographic reproduction, still or moving, or any videotape, 50 General Assembly Of North Carolina Session 2025
Senate Bill 429-Second Edition Page 11
motion picture, or live television transmission, or any digital image of any 1
individual. 2
(2) The term "room" shall include, Private area of an individual. – The naked or 3
undergarment clad genitals, pubic area, buttocks, or female breast of that 4
individual. 5
(3) Room. – Includes, but is not limited to, a bedroom, a rest room, a bathroom, a 6
shower, and a dressing room.room, a dressing stall, a cubicle, or other similar 7
area designed to provide privacy. 8
(4) Under circumstances in which that individual has a reasonable expectation of 9
privacy. – Means either of the following: 10
a. Circumstances in which a reasonable person would believe that he or 11
she could disrobe in privacy, without being concerned that a 12
photographic image of a private area of the individual was being 13
created. 14
b. Circumstances in which a reasonable person would believe that a 15
private area of the individual would not be visible to the public, 16
regardless of whether that person is in a public or private place. 17
(c) Unless covered by another provision of law providing greater punishment, any person 18
who, while in possession of any device which may be used to create a photographic image, image 19
and with the intent to create a photographic image, shall secretly peep into any room shall be 20
guilty of a Class A1 misdemeanor. 21
(d) Unless covered by another provision of law providing greater punishment, any person 22
who, while secretly peeping into any room, uses any device to create a photographic image of 23
another person in that room for the purpose of arousing or gratifying the sexual desire of any 24
person shall be guilty of a Class I felony. 25
(e) Any person who secretly or surreptitiously uses any device to create a photographic 26
image of another person underneath or through the clothing being worn by that other person for 27
the purpose of viewing the body of, or the undergarments worn by, that other person without 28
their consent shall be guilty of a Class I felony. 29
(e1) Unless covered under some other provision of law providing greater punishment, any 30
person who, with the intent to create a photographic image of a private area of an individual 31
without the individual's consent, knowingly does so under circumstances in which the individual 32
has a reasonable expectation of privacy shall be guilty of a Class I felony. 33
(f) Any person who, for the purpose of arousing or gratifying the sexual desire of any 34
person, secretly or surreptitiously uses or installs in a room any device that can be used to create 35
a photographic image with the intent to capture the image of another without their consent shall 36
be guilty of a Class I felony. 37
(g) Any person who knowingly possesses a photographic image that the person knows, 38
or has reason to believe, was obtained in violation of this section shall be guilty of a Class I 39
felony. 40
(h) Any person who disseminates or allows to be disseminated images that the person 41
knows, or should have known, were obtained as a result of the violation of this section shall be 42
guilty of a Class H felony if the dissemination is without the consent of the person in the 43
photographic image. 44
(i) A second or subsequent felony conviction under this section shall be punished as 45
though convicted of an offense one class higher. A second or subsequent conviction for a Class 46
1 misdemeanor shall be punished as a Class A1 misdemeanor. A second or subsequent conviction 47
for a Class A1 misdemeanor shall be punished as a Class I felony. 48
(j) If the defendant is placed on probation as a result of violation of this section: 49 General Assembly Of North Carolina Session 2025
Page 12 Senate Bill 429-Second Edition
(1) For a first conviction under this section, the judge may impose a requirement 1
that the defendant obtain a psychological evaluation and comply with any 2
treatment recommended as a result of that evaluation. 3
(2) For a second or subsequent conviction under this section, the judge shall 4
impose a requirement that the defendant obtain a psychological evaluation and 5
comply with any treatment recommended as a result of that evaluation. 6
(k) Any person whose image is captured or disseminated in violation of this section has 7
a civil cause of action against any person who captured or disseminated the image or procured 8
any other person to capture or disseminate the image and is entitled to recover from those persons 9
actual damages, punitive damages, reasonable attorneys' fees and other litigation costs reasonably 10
incurred. 11
(l) When a person violates subsection (d), (e), (e1), (f), (g), or (h) of this section, or is 12
convicted of a second or subsequent violation of subsection (a), (a1), or (c) of this section, the 13
sentencing court shall consider whether the person is a danger to the community and whether 14
requiring the person to register as a sex offender pursuant to Article 27A of this Chapter would 15
further the purposes of that Article as stated in G.S. 14-208.5. If the sentencing court rules that 16
the person is a danger to the community and that the person shall register, then an order shall be 17
entered requiring the person to register. 18
(m) The provisions of subsections (a), (a1), (c), (e), (e1), (g), (h), and (k) of this section 19
do not apply to:to either of the following: 20
(1) Law enforcement officers while discharging or attempting to discharge their 21
official duties; orduties. 22
(2) Personnel of the Division of Prisons of the Department of Adult Correction or 23
of a local confinement facility for security purposes or during investigation of 24
alleged misconduct by a person in the custody of the Division or the local 25
confinement facility. 26
(n) This section does not affect the legal activities of those who are licensed pursuant to 27
Chapter 74C, Private Protective Services, or Chapter 74D, Alarm Systems, of the General 28
Statutes, who are legally engaged in the discharge of their official duties within their respective 29
professions, and who are not engaging in activities for an improper purpose as described in this 30
section." 31
SECTION 9.(b) This section becomes effective December 1, 2025, and applies to 32
offenses committed on or after that date. 33
34
REVISE LAW PROHIBITING SEXUAL ACTIVITY BY A SUBSTITUTE PARENT OR 35
CUSTODIAN TO INCLUDE RELIGIOUS ORGANIZATIONS OR INSTITUTIONS 36
SECTION 10.(a) G.S. 14-27.31 reads as rewritten: 37
"§ 14-27.31. Sexual activity by a substitute parent or custodian. 38
(a) If a defendant who has assumed the position of a parent in the home of a minor victim 39
engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, 40
the defendant is guilty of a Class E felony. 41
(b) If a person having custody of a victim of any age or a person who is an agent or 42
employee of any person, or institution, including a religious organization or institution, whether 43
such institution is private, charitable, or governmental, having custody of a victim of any age 44
engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class 45
E felony. 46
(c) Consent is not a defense to a charge under this section. 47
(d) As used in this section, "custody" means the care, control, or supervision of a minor 48
by any adult who, by virtue of their position, role, employment, volunteer status, or relationship 49
to a minor, exercises supervisory authority or control over a minor, or is responsible for the 50 General Assembly Of North Carolina Session 2025
Senate Bill 429-Second Edition Page 13
minor's welfare, safety, or supervision, regardless of whether such responsibility arises from 1
express appointment, organizational duty, professional obligation, or circumstantial necessity." 2
SECTION 10.(b) This section becomes effective December 1, 2025, and applies to 3
offenses committed on or after that date. 4
5
ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS AND REVISE THE 6
ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING 7
GIFT CARDS 8
SECTION 11.(a) Article 16 of Chapter 14 of the General Statutes is amended by 9
adding a new section to read: 10
"§ 14-72.12. Larceny of gift cards. 11
(a) Definitions. – For purposes of this section, the terms "gift card," "gift card issuer," 12
"gift card redemption information," and "gift card value" are as defined in G.S. 14-86.5. 13
(b) Offense. – A person commits the offense of larceny of gift cards if the person does 14
any of the following: 15
(1) Acquires or retains possession of a gift card or gift card redemption 16
information without the consent of the cardholder or card issuer. 17
(2) Obtains a gift card or gift card redemption information from a cardholder or 18
card issuer by means of false or fraudulent pretenses, representations, or 19
promises. 20
(3) Alters or tampers with a gift card or its packaging with intent to defraud 21
another. 22
(c) Punishment. – A violation of this section is a Class 1 misdemeanor if the value of the 23
gift card acquired, retained, or for which the card redemption information is obtained, or is altered 24
or tampered with, is not more than one thousand dollars ($1,000). Any other violation of this 25
section is a Class H felony." 26
SECTION 11.(b) G.S. 14-86.5 reads as rewritten: 27
"§ 14-86.5. Definitions. 28
The following definitions apply in this Article: 29
(1) "Retail property." – Any article, product, commodity, item, or component 30
intended to be sold in retail commerce.Gift card. – A record evidencing a 31
promise, made for monetary consideration, by a seller or issuer that goods or 32
services will be provided to the owner of the record to the value shown in the 33
record. A gift card includes a record that contains a microprocessor chip, 34
magnetic strip, or other storage medium that is prefunded and for which the 35
value is adjusted upon each use, a gift certificate, a stored-value card or 36
certificate, a store card, or a prepaid long-distance telephone service that is 37
activated by a prepaid card that required dialing an access number or an access 38
code in addition to dialing the phone number to which the user of the prepaid 39
card seeks to connect. 40
(2) Repealed by Session Laws 2024-22, s. 2(a), effective December 1, 2024, and 41
applicable to offenses committed on or after that date. 42
(3) "Theft." – To take possession of, carry away, transfer, or cause to be carried 43
away the retail property of another with the intent to steal the retail 44
property.Gift card issuer. – Any person or entity that sells, distributes, or 45
supplies a gift card. 46
(4) "Value." – The retail value of an item as advertised by the affected retail 47
establishment, to include all applicable taxes.Gift card redemption 48
information. – Any information unique to a gift card that allows the cardholder 49
to access, transfer, or spend the funds on that gift card. 50 General Assembly Of North Carolina Session 2025
Page 14 Senate Bill 429-Second Edition
(5) Gift card value. – The maximum monetary value that can be applied to the 1
card. 2
(6) Retail property. – Any article, product, commodity, item, or component 3
intended to be sold in retail commerce. 4
(7) Theft. – To take possession of, carry away, transfer, or cause to be carried 5
away the retail property of another with the intent to steal the retail property. 6
(8) Value. – The retail value of an item as advertised by the affected retail 7
establishment, to include all applicable taxes." 8
SECTION 11.(c) G.S. 14-86.6 reads as rewritten: 9
"§ 14-86.6. Organized retail theft. 10
(a) Offense. – A person commits the offense of organized retail theft if the person does 11
any of the following: 12
(1) Conspires with another person to commit theft of retail property from retail 13
establishments with the intent to sell, transfer, or possess that retail property 14
for monetary or other gain. 15
(2) Receives or possesses any retail property that has been taken or stolen in 16
violation of subdivision (1) of this subsection while knowing or having 17
reasonable grounds to believe the property is stolen. 18
(3) Conspires with two or more other persons as an organizer, supervisor, 19
financier, leader, or manager to engage for profit in a scheme or course of 20
conduct to effectuate or intend to effectuate the transfer or sale of property 21
stolen from a merchant in violation of this section. 22
(4) Conspires with another person to acquire or retain possession of a gift card or 23
gift card redemption information without the consent of the cardholder or card 24
issuer. 25
(5) Devises a scheme with one or more persons to obtain a gift card or gift card 26
redemption information from a cardholder or card issuer by means of false or 27
fraudulent pretenses, representations, or promises. 28
(6) Conspires with another person to alter or tamper with a gift card or its 29
packaging with intent to defraud another. 30
… 31
(a2) Punishments. – The following classifications apply to the offense of organized retail 32
theft: 33
(1) An offense when the gift card value or the retail property has a value 34
exceeding one thousand five hundred dollars ($1,500) aggregated over a 35
90-day period is a Class H felony. 36
(2) An offense when the gift card value or the retail property has a value 37
exceeding twenty thousand dollars ($20,000) aggregated over a 90-day period 38
is a Class G felony. 39
(3) An offense when the gift card value or the retail property has a value 40
exceeding fifty thousand dollars ($50,000) aggregated over a 90-day period is 41
a Class F felony. 42
(4) An offense when the gift card value or the retail property has a value 43
exceeding one hundred thousand dollars ($100,000) aggregated over a 90-day 44
period is a Class C felony. 45
… 46
(c) Multiple Thefts. – Thefts of gift cards, gift card redemption information, or retail 47
property occurring in more than one county may be aggregated into an alleged violation of this 48
section. Each county where a part of the charged offense occurs has concurrent venue as 49
described in G.S. 15A-132." 50
SECTION 11.(d) G.S. 1-538.2 reads as rewritten: 51 General Assembly Of North Carolina Session 2025
Senate Bill 429-Second Edition Page 15
"§ 1-538.2. Civil liability for larceny, shoplifting, theft by employee, organized retail theft, 1
embezzlement, obtaining property by false pretense, and other offenses. 2
(a) Any person, other than an unemancipated minor, who commits an act that is 3
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
14-100 is liable for civil damages to the owner of the property. In any action brought by the 5
owner of the property, the owner is entitled to recover the value of the goods or merchandise, if 6
the goods or merchandise have been destroyed, or any loss of value to the goods or merchandise, 7
if the goods or merchandise were recovered, or the amount of any money lost by reason of the 8
theft or embezzlement or fraud of an employee. The owner of the property is also entitled to 9
recover for loss to real or personal property caused in the commission of the act. In addition to 10
the above, the owner of the property is entitled to recover any consequential damages, and 11
punitive damages, together with reasonable attorneys' fees. The total consequential damages 12
awarded to a plaintiff against a defendant under this section shall not be less than one hundred 13
fifty dollars ($150.00) and shall not exceed three thousand dollars ($3,000) except an act 14
punishable under G.S. 14-74, 14-86.6, 14-86.7, or 14-90 shall have no maximum limit under this 15
section. 16
(b) The parent or legal guardian, having the care, custody and control of an 17
unemancipated minor who commits an act punishable under G.S. 14-72, 14-72.1, 14-72.11, 18
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
obtained by the act if such parent or legal guardian knew or should have known of the propensity 20
of the child to commit such an act; and had the opportunity and ability to control the child, and 21
made no reasonable effort to correct or restrain the child. In an action brought against the parent 22
or legal guardian by the owner, the owner is entitled to recover the amounts specified in 23
subsection (a) except punitive damages. The total consequential damages awarded to a plaintiff 24
against the parent or legal guardian shall not be less than one hundred fifty dollars ($150.00) and 25
shall not exceed three thousand dollars ($3,000). 26
…." 27
SECTION 11.(e) This section becomes effective December 1, 2025, and applies to 28
offenses committed on or after that date. 29
30
ESTABLISH AN OFFENSE FOR WRONGFULLY ENTERING A PART OF A 31
BUILDING NOT OPEN TO THE PUBLIC 32
SECTION 12.(a) G.S. 14-54 is amended by adding a new subsection to read: 33
"(b1) Any person who, with the intent to commit an unlawful act, enters any area of a 34
building (i) that is commonly reserved for personnel of a commercial business where money or 35
other property is kept or (ii) clearly marked with a sign that indicates to the public that entry is 36
forbidden is guilty of a Class 1 misdemeanor for a first offense and a Class I felony for a second 37
or subsequent offense." 38
SECTION 12.(b) This section becomes effective December 1, 2025, and applies to 39
offenses committed on or after that date. 40
41
ALLOW UNLICENSED LAW SCHOOL GRADUATES TO PRACTICE LAW UNDE R 42
SUPERVISION 43
SECTION 13. G.S. 84-7.1 is amended by adding a new subdivision to read: 44
"(4) Any law school graduate permitted by the North Carolina State Bar to act as 45
a legal intern for a federal, State, local government agency, or for a nonprofit 46
corporation qualified to render legal services pursuant to G.S. 84-5.1." 47
48
CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED TO 49
CLASS A THROUGH CLASS E FELONIES 50
SECTION 14. G.S. 7B-3101(a) reads as rewritten: 51 General Assembly Of North Carolina Session 2025
Page 16 Senate Bill 429-Second Edition
"(a) Notwithstanding G.S. 7B-3000, the juvenile court counselor shall deliver verbal and 1
written notification of any of the following actions to the principal of the school that the juvenile 2
attends: 3
(1) A petition is filed under G.S. 7B-1802 that alleges delinquency for an offense 4
that would constitute a Class A, B1, B2, C, D, or E felony if committed by an 5
adult. The principal of the school shall make an individualized decision related 6
to the status of the student during the pendency of the matter and not have an 7
automatic suspension policy. 8
(2) The court transfers jurisdiction over a juvenile to the superior court under 9
G.S. 7B-2200.5 or G.S. 7B-2200.G.S. 7B-2200 for an offense that would 10
constitute a Class A, B1, B2, C, D, or E felony if committed by an adult. 11
(3) The court dismisses under G.S. 7B-2411 the petition that alleges delinquency 12
for an offense that would be a Class A, B1, B2, C, D, or E felony if committed 13
by an adult. 14
(4) The court issues a dispositional order under Article 25 of Chapter 7B of the 15
General Statutes including, but not limited to, an order of probation that 16
requires school attendance, concerning a juvenile alleged or found delinquent 17
for an offense that would be a felony if committed by an adult. 18
(5) The court modifies or vacates any order or disposition under G.S. 7B-2600 19
concerning a juvenile alleged or found delinquent for an offense that would 20
be a Class A, B1, B2, C, D, or E felony if committed by an adult. 21
Notification of the school principal in person or by telephone shall be made before the 22
beginning of the next school day. Delivery shall be made as soon as practicable but at least within 23
five days of the action. Delivery shall be made in person or by certified mail. Notification that a 24
petition has been filed shall describe the nature of the offense. Notification of a dispositional 25
order, a modified or vacated order, or a transfer to superior court shall describe the court's action 26
and any applicable disposition requirements. As used in this subsection, the term "offense" does 27
not include any offense under Chapter 20 of the General Statutes." 28
29
ALLOW TRANSFER OF BIOLOGICAL EVIDENCE BACK TO THE COLLECTING 30
AGENCY FOR PRESERVATION 31
SECTION 15. G.S. 15A-268(a3) reads as rewritten: 32
"(a3) When physical evidence is offered or admitted into evidence in a criminal proceeding 33
of the General Court of Justice, the presiding judge shall inquire of the State and defendant as to 34
the identity of the collecting agency of the evidence and whether the evidence in question is 35
reasonably likely to contain biological evidence and if that biological evidence is relevant to 36
establishing the identity of the perpetrator in the case. If either party asserts that the evidence in 37
question may have biological evidentiary value, and the court so finds, the court shall instruct 38
that the evidence be so designated in the court's records and that the evidence be preserved 39
pursuant to the requirements of this section. The court may order that the evidence be returned 40
to the collecting agency to be preserved during the pendency of the proceedings for which the 41
evidence was introduced pursuant to subsection (a1) of this section at a request from the district 42
attorney, the clerk, and the collecting agency if the court finds that the collecting agency is better 43
equipped to preserve the evidence and the district attorney, the clerk, and the collecting agency 44
all agree." 45
46
REVISE LAW GOVERNING THE RECORDING OF COURT PROCEEDINGS 47
SECTION 16.(a) G.S. 15A-1241 reads as rewritten: 48
"§ 15A-1241. Record of proceedings. 49
(a) The trial judge must require that the reporter make a true, complete, and accurate 50
record of all statements from the bench and all other proceedings except: 51 General Assembly Of North Carolina Session 2025
Senate Bill 429-Second Edition Page 17
(1) Selection of the jury in noncapital cases; 1
(2) Opening statements and final arguments of counsel to the jury; and 2
(3) Arguments of counsel on questions of law. 3
(b) Upon motion of any party or on the judge's own motion, proceedings excepted under 4
subdivisions (1) and (2) of subsection (a) of this section must be recorded. The motion for 5
recordation of jury arguments must be made before the commencement of any argument and if 6
one argument is recorded all must be. Upon suggestion of improper argument, when no 7
recordation has been requested or ordered, the judge in his discretion may require the remainder 8
to be recorded. 9
…." 10
SECTION 16.(b) This section is effective when it becomes law and applies to 11
proceedings commenced on or after that date. 12
13
INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF FAILURE 14
TO YIELD THAT RESULTS IN SERIOUS BODILY INJURY 15
SECTION 17.(a) G.S. 20-160.1(a) reads as rewritten: 16
"(a) Unless the conduct is covered under some other law providing greater punishment, a 17
person who commits the offense of failure to yield while approaching or entering an intersection, 18
turning at a stop or yield sign, entering a roadway, upon the approach of an emergency vehicle, 19
or at highway construction or maintenance shall be punished under this section. When there is 20
serious bodily injury but no death resulting from the violation, the violator is guilty of a Class 2 21
misdemeanor, which shall be fined include a fine of five hundred dollars ($500.00) and and, upon 22
conviction, revocation of the violator's drivers license or commercial drivers license shall be 23
suspended for 90 days." 24
SECTION 17.(b) This section becomes effective December 1, 2025, and applies to 25
offenses committed on or after that date. 26
27
INCREASE THE PENALTY FOR FAILURE TO YIELD THE RIGHT -OF-WAY TO A 28
BLIND OR PARTIALLY BLIND PEDESTRIAN 29
SECTION 18.(a) G.S. 20-175.2 reads as rewritten: 30
"§ 20-175.2. Right-of-way at crossings, intersections and traffic-control signal points; white 31
cane or guide dog to serve as signal for the blind. 32
At any street, road or highway crossing or intersection, where the movement of traffic is not 33
regulated by a traffic officer or by traffic-control signals, any blind or partially blind pedestrian 34
shall be entitled to the right-of-way at such crossing or intersection, if such blind or partially 35
blind pedestrian shall extend before him at arm's length a cane white in color or white tipped with 36
red, or if such person is accompanied by a guide dog. Upon receiving such a signal, all vehicles 37
at or approaching such intersection or crossing shall come to a full stop, leaving a clear lane 38
through which such pedestrian may pass, and such vehicle shall remain stationary until such blind 39
or partially blind pedestrian has completed the passage of such crossing or intersection. At any 40
street, road or highway crossing or intersection, where the movement of traffic is regulated by 41
traffic-control signals, blind or partially blind pedestrians shall be entitled to the right-of-way if 42
such person having such cane or accompanied by a guide dog shall be partly across such crossing 43
or intersection at the time the traffic-control signals change, and all vehicles shall stop and remain 44
stationary until such pedestrian has completed passage across the intersection or crossing. Any 45
person who fails to yield the right-of-way to a blind or partially blind pedestrian as required by 46
this section is guilty of a Class 2 misdemeanor." 47
SECTION 18.(b) This section becomes effective December 1, 2026, and applies to 48
offenses committed on or after that date. 49
50
INCREASE PUNISHMENT FOR FENTANYL OFFENSES 51 General Assembly Of North Carolina Session 2025
Page 18 Senate Bill 429-Second Edition
SECTION 19.(a) G.S. 90-95 reads as rewritten: 1
"§ 90-95. Violations; penalties. 2
(a) Except as authorized by this Article, it is unlawful for any person: 3
(1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or 4
deliver, a controlled substance; 5
(2) To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit 6
controlled substance; 7
(3) To possess a controlled substance. 8
(b) Except as provided in subsections (h) and (i) of this section, any person who violates 9
G.S. 90-95(a)(1) with respect to: 10
(1) A controlled substance classified in Schedule I or II shall be punished as a 11
Class H felon, except as follows: (i) the sale of a controlled substance 12
classified in Schedule I or II shall be punished as a Class G felony, and (ii) the 13
manufacture of methamphetamine shall be punished as provided by 14
subdivision (1a) of this subsection.subsection, and (iii) any violation of 15
G.S. 90-95(a)(1) involving fentanyl or carfentanil, or any salt, compound, 16
derivative, or preparation thereof, or any mixture containing any of these 17
substances shall be punished as provided in subdivision (1b) of this 18
subsection. 19
(1a) The manufacture of methamphetamine shall be punished as a Class C felony 20
unless the offense was one of the following: packaging or repackaging 21
methamphetamine, or labeling or relabeling the methamphetamine container. 22
The offense of packaging or repackaging methamphetamine, or labeling or 23
relabeling the methamphetamine container shall be punished as a Class H 24
felony. 25
(1b) Any violation of G.S. 90-95(a)(1) involving fentanyl or carfentanil, or any 26
salt, compound, derivative, or preparation thereof, or any mixture containing 27
any of these substances shall be punished as a Class F felony. 28
(2) A controlled substance classified in Schedule III, IV, V, or VI shall be 29
punished as a Class I felon, except that the sale of a controlled substance 30
classified in Schedule III, IV, V, or VI shall be punished as a Class H felon. 31
The transfer of less than 5 grams of marijuana for no remuneration shall not 32
constitute a delivery in violation of G.S. 90-95(a)(1). 33
(c) Any person who violates G.S. 90-95(a)(2) shall be punished as a Class I felon. 34
(d) Except as provided in subsections (h) and (i) of this section, any person who violates 35
G.S. 90-95(a)(3) with respect to: 36
(1) A controlled substance classified in Schedule I shall be punished as a Class I 37
felon. However, if the controlled substance is MDPV and the quantity of the 38
MDPV is 1 gram or less, the violation shall be punishable as a Class 1 39
misdemeanor. 40
(2) A controlled substance classified in Schedule II, III, or IV shall be guilty of a 41
Class 1 misdemeanor. If the controlled substance exceeds four tablets, 42
capsules, or other dosage units or equivalent quantity of hydromorphone or if 43
the quantity of the controlled substance, or combination of the controlled 44
substances, exceeds one hundred tablets, capsules or other dosage units, or 45
equivalent quantity, the violation shall be punishable as a Class I felony. If the 46
controlled substance is methamphetamine, amphetamine, phencyclidine, 47
cocaine, fentanyl, or carfentanil or cocaine and any salt, isomer, salts of 48
isomers, compound, derivative, or preparation thereof, or coca leaves and any 49
salt, isomer, salts of isomers, compound, derivative, or preparation of coca 50
leaves, or any salt, isomer, salts of isomers, compound, derivative or 51 General Assembly Of North Carolina Session 2025
Senate Bill 429-Second Edition Page 19
preparation thereof which is chemically equivalent or identical with any of 1
these substances (except decocanized coca leaves or any extraction of coca 2
leaves which does not contain cocaine or ecgonine), the violation shall be 3
punishable as a Class I felony. If the controlled substance is fentanyl or 4
carfentanil, or any salt, compound, derivative, or preparation thereof, or any 5
mixture containing any of these substances the violation is punishable as a 6
Class H felony. 7
… 8
(h) Notwithstanding any other provision of law, the following provisions apply except as 9
otherwise provided in this Article: 10
… 11
(4) Any Except as provided in subdivision (4c) of this subsection any person who 12
sells, manufactures, delivers, transports, or possesses four grams or more of 13
opium, opiate, or opioid, or any salt, compound, derivative, or preparation of 14
opium, opiate, or opioid (except apomorphine, nalbuphine, analoxone and 15
naltrexone and their respective salts), including heroin, or any mixture 16
containing such substance, shall be guilty of a felony which felony shall be 17
known as "trafficking in opium, opiate, opioid, or heroin" and if the quantity 18
of such controlled substance or mixture involved: 19
a. Is four grams or more, but less than 14 grams, such person shall be 20
punished as a Class F felon and shall be sentenced to a minimum term 21
of 70 months and a maximum term of 93 months in the State's prison 22
and shall be fined as follows: 23
1. A fine of five hundred thousand dollars ($500,000) if the 24
controlled substance is heroin, fentanyl, or carfentanil, heroin, 25
or any salt, compound, derivative, or preparation thereof, or 26
any mixture containing any of these substances.that substance. 27
2. A fine of not less than fifty thousand dollars ($50,000) for any 28
controlled substance described in this subdivision and not 29
otherwise subject to sub-sub-subdivision 1. of this 30
sub-subdivision. 31
b. Is 14 grams or more, but less than 28 grams, such person shall be 32
punished as a Class E felon and shall be sentenced to a minimum term 33
of 90 months and a maximum term of 120 months in the State's prison 34
and shall be fined as follows: 35
1. A fine of seven hundred fifty thousand dollars ($750,000) if 36
the controlled substance is heroin, fentanyl, or carfentanil, 37
heroin, or any salt, compound, derivative, or preparation 38
thereof, or any mixture containing any of these substances.that 39
substance. 40
2. A fine of not less than one hundred thousand dollars 41
($100,000) for any controlled substance described in this 42
subdivision and not otherwise subject to sub-sub-subdivision 43
1. of this sub-subdivision. 44
c. Is 28 grams or more, such person shall be punished as a Class C felon 45
and shall be sentenced to a minimum term of 225 months and a 46
maximum term of 282 months in the State's prison and shall be fined 47
as follows: 48
1. A fine of one million dollars ($1,000,000) if the controlled 49
substance is heroin, fentanyl, or carfentanil, heroin, or any salt, 50 General Assembly Of North Carolina Session 2025
Page 20 Senate Bill 429-Second Edition
compound, derivative, or preparation thereof, or any mixture 1
containing any of these substances.that substance. 2
2. A fine of not less than five hundred thousand dollars 3
($500,000) for any controlled substance described in this 4
subdivision and not otherwise subject to sub-sub-subdivision 5
1. of this sub-subdivision. 6
… 7
(4c) Any person who sells, manufactures, delivers, transports, or possesses four 8
grams or more of fentanyl or carfentanil, or any salt, compound, derivative, or 9
preparation of such substance, or any mixture containing such substance, shall 10
be guilty of a felony which felony shall be known as "trafficking in fentanyl 11
or carfentanil" and if the quantity of such controlled substance or mixture 12
involved: 13
a. Is four grams or more, but less than 14 grams, such person shall be 14
punished as a Class E felon and shall be sentenced to a minimum term 15
of 90 months and a maximum term of 120 months in the State's prison 16
and shall be fined five hundred thousand dollars ($500,000). 17
b. Is 14 grams or more, but less than 28 grams, such person shall be 18
punished as a Class D felon and shall be sentenced to a minimum term 19
of 175 months and a maximum term of 222 months in the State's prison 20
and shall be fined seven hundred fifty thousand dollars ($750,000). 21
c. Is 28 grams or more, such person shall be punished as a Class C felon 22
and shall be sentenced to a minimum term of 225 months and a 23
maximum term of 282 months in the State's prison and shall be fined 24
one million dollars ($1,000,000). 25
…." 26
SECTION 19.(b) This section becomes effective December 1, 2025, and applies to 27
offenses committed on or after that date. 28
29
SEVERABILITY, SAVINGS CLAUSE, AND EFFECTIVE DATE 30
SECTION 20.(a) If any provision of this act or its application is held invalid, the 31
invalidity does not affect other provisions or applications of this act that can be given effect 32
without the invalid provisions or application and, to this end, the provisions of this act are 33
severable. 34
SECTION 20.(b) Prosecutions for offenses committed before the effective date of 35
this act are not abated or affected by this act, and the statutes that would be applicable but for 36
this act remain applicable to those prosecutions. 37
SECTION 20.(c) Except as otherwise provided, this act is effective when it becomes 38
law. 39