Bill Summaries: H492 (2017-2018 Session)

Tracking:
  • Summary date: Apr 26 2017 - View summary

    House amendment #1 makes the following changes to the 4th edition.

    Amends proposed GS 14-34.11 to make it a Class I felony to commit a battery against (previously, to assault) a law enforcement officer, firefighter, emergency medical technician, or medical responder when the law enforcement officer, firefighter, emergency medical technician, or medical responder is discharging or attempting to discharge his or her official duties, unless the conduct is covered by another law providing greater punishment or the conduct is a result of a verifiable diagnosis of a medical condition or mental or behavioral health disability. Makes conforming changes. 


  • Summary date: Apr 25 2017 - View summary

    House committee substitute makes the following changes to the 3rd edition.

    Expands and modifies proposed GS 14-34.11, making it a Class I felony for a person to assault a law enforcement officer, firefighter, emergency medical technician, or medical responder when the law enforcement officer, firefighter, emergency medical technician, or medical responder is discharging or attempting to discharge his or her official duties, unless the conduct is a result of a verifiable diagnosis of a medical condition or a mental health or behavioral health disability (previously, provided for assault of an officer or employee of the State or any political subdivision of the State, and did not provide situations where the conduct results  from a diagnosed medical condition or a mental health or behavioral disability). Makes conforming changes to the statute’s title.

    Amends the proposed revision of the definition of emergency personnel in subsection (b) of GS 14-288.9 (Assault on emergency personnel) to retain law enforcement officers in the definition. 


  • Summary date: Apr 4 2017 - View summary

    House committee substitute makes the following changes to the 2nd edition.

    Deletes proposed amendments to GS 14-33(c), concerning assault and battery as a Class A1 misdemeanor.


  • Summary date: Mar 27 2017 - View summary

    Amends GS 14-16.6 to increase the criminal penalty for assault on an executive, legislative, or court officer to a Class H felony (currently, Class I felony). Makes any person who commits the assault using a deadly weapon or who commits the assault and inflicts serious bodily injury to any legislative, executive, or court officer guilty of a Class E felony (currently, Class F felony).

    Amends GS 14-16.7 to increase the criminal penalty for threats against executive, legislative, or court officers to a Class H felony (currently, Class I felony). Makes it a Class H felony (currently, Class I felony) for any person to knowingly and willfully deposit for conveyance in the mail any letter, writing, or other document or send an electronic communication (currently, electronic communication not specified) containing a threat to inflict serious bodily injury upon or kill any legislative, executive, or court officer, or a threat to inflect serious bodily injury upon or kill any other person in retaliation against any legislative, executive, or court officer because of the exercise of that officer's duties. Defines electronic communication to include transmissions through an electronic device including but not limited to a telephone, cell phone, computer, or pager, which communication includes but is not limited to email, instant message, text message, or voice mail.

    Amends GS 14-33(c), which makes any person who commits any assault, assault and battery, or affray guilty of a Class A1 misdemeanor if in the course of the offense the person satisfies any of the eight specified aggravated conditions, to remove affray from the offenses to which subsection c's aggravated provisions apply.

    Amends GS 14-34.2 to make it a Class F felony to assault a firefighter with a firearm or other deadly weapon.

    Amends GS 14-34.6 to make it a Class H felony (currently, Class I felony) to assault or affray a firefighter, an emergency technician, medical responder, or hospital personnel in the discharge or attempt to discharge their official duties. Makes any person who commits the offense and inflicts serious injury or uses a deadly weapon other than a firearm guilty of a Class F felony (currently, Class H felony). Makes any person who commits the offense and uses a firearm guilty of a Class E felony (currently, Class F felony).

    Enacts GS 14-34.11 to make it a Class I felony for any person to assault an officer or employee of the State or any political subdivision of the State when the officer or employee is discharging or attempting to discharge the officer's official duties, unless the conduct is covered under another provision of law providing greater punishment.

    Amends GS 14-288.9 to make it a Class H felony (currently, Class I felony) for any person to commit an assault causing physical injury upon emergency personnel. Makes it a Class E felony (currently, Class F felony) for any person to commit the offense with or through the use of any dangerous weapon or substance. Amends the term emergency personnel to include firefighters and emergency medical responders (was, firemen and ambulance attendants).

    Effective December 1, 2017, and applies to offenses committed on or after that date.