Bill Summaries: H95 (2025-2026 Session)

Tracking:
  • Summary date: Mar 11 2025 - View summary

    House committee substitute to the 1st edition makes the following changes.

    Amends GS 14-16.6 by expanding upon the statute's scope to also prohibit assault on local elected officers, or assault on another person as retaliation against a local elected officer, in addition to the already included assault on a legislative officer, executive officer, or court officer. Increases the punishment for assault on these classes of individuals from a Class I felony to a Class G felony; from a Class F felony to a Class D felony when the offense includes the use of a deadly weapon; and from a Class E felony to a Class C felony when the person inflicts serious bodily injury to a legislative, executive, court, or local elected officer.

    Further amends GS 14-16.7 (felony for threats against executive, legislative, court, or local elected officers) by increasing the penalties for violating the statute from a Class I felony to a Class H felony.

    Amends proposed new GS 15A-534.9 so that it also applies to cases where a defendant is charged with violating GS 14-16.6. Requires that the judicial official determining pretrial release for defendants charged with those specified violations be a judge. Removes the requirement to set bond in an amount no less than $50,000; adds the  following requirements instead. Requires the judge to direct a law enforcement officer or district attorney to provide the defendant's criminal history report and to consider that criminal history when setting conditions of release. Prohibits a judge from unreasonably delaying the determination of conditions of pretrial release for the purpose of reviewing the criminal history report. Allows a judge, if they decide that the defendant's immediate release will pose a danger of injury to persons and that executing an appearance bond will not assure that the injury will not occur, to keep the defendant in custody for a reasonable period of time while determining the conditions of pretrial release. Specifies four conditions that a judge may impose on pretrial release, which may be imposed in addition to requiring the defendant to execute a secured appearance bond. Specifies that the provisions of Article 5 (Procedure for Admission and Discharge of Clients) of GS Chapter 122C apply if the defendant is mentally ill and dangerous to himself or others or a substance abuser and dangerous to himself or others. Allows keeping a defendant in custody no more than 48 hours from the time of arrest with the judge making a determination under this statute; if a judge has not acted within those 48 ours, requires the magistrate to take action under this statute. 

    Makes conforming changes to the act's long title. 


  • Summary date: Feb 10 2025 - View summary

    Expands the definitions under GS 14-16.10 (definitions provision pertaining to criminal offenses against the State) to include local elected officer (an elected officer of a political subdivision of this State). Expands liability under GS 14-16.7 (Class I felony for threats against executive, legislative, or court officers) to include local elected officers. Makes conforming change to GS 14-16.8 (no requirement for receipt of threat for liability under GS 14-16.8). Expands liability under GS 163-275(11) (intimidation of certain election officials by threats, menacing or attempts thereof) to include intimidating acts done because of the official’s voter registration duties (currently, only includes those done to intimidate the officer in the discharge of the person’s voter registration duties). Adds new GS 15A-534.9 requiring a judicial official determining pretrial release for a person charged under GS 14-16.7 or GS 163-275(11) to set bond in an amount no less than $50,000. Applies to offenses committed on or after December 1, 2025.