GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 721
Short Title: Modify Public-Initiated Criminal Processes. (Public)
Sponsors: Senators Smith and Bradley (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S721 -v-1*
A BILL TO BE ENTITLED 1
AN ACT TO DISALLOW T HE ISSUANCE OF A WAR RANT FOR ARREST WHEN A 2
CRIMINAL CHARGE IS TAKEN OUT BY A NON-LAW ENFORCEMENT OFFICE R, 3
EXCEPT IN CASES OF DOMESTIC VIOLENCE. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 15A-304(b) reads as rewritten: 6
"(b) When Issued. – 7
… 8
(3) When Citizen-initiated. – If the finding of probable cause pursuant to 9
subsection (d) of this section is based solely upon an affidavit or oral 10
testimony under oath or affirmation of a person who is not a sworn law 11
enforcement officer, the issuing official shall not issue a warrant for arrest and 12
instead shall issue a criminal summons, unless one of the following 13
circumstances exists:a crime of domestic violence, as defined in G.S. 50B-1, 14
is alleged. 15
a. There is corroborating testimony of the facts establishing probable 16
cause from a sworn law enforcement officer or at least one 17
disinterested witness. 18
b. The official finds that obtaining investigation of the alleged offense by 19
a law enforcement agency would constitute a substantial burden for 20
the complainant. 21
c. The official finds substantial evidence of one or more of the 22
circumstances listed in subdivision (1) of this subsection." 23
SECTION 2. This act is effective October 1, 2025, and applies to criminal processes 24
issued on or after that date. 25