Threaten Elected Official/Increase Punishment.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 95
Committee Substitute Favorable 3/11/25

Short Title: Threaten Elected Official/Increase Punishment. (Public)
Sponsors:
Referred to:
February 12, 2025
*H95-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO INCREASE THE PUNISHMENT IMPOSED FOR AN ASSAULT OR THREAT 2
AGAINST AN EXECUTIVE OFFICER, LEGISLATIVE OFFICER, COURT OFF ICER, 3
OR LOCAL ELECTED OFF ICER AND TO REQUIRE PRETRIAL RELEASE 4
CONDITIONS FOR ANY P ERSON CHARGED WITH ASSAULTING OR MAKING A 5
THREAT AGAINST AN EX ECUTIVE OFFICER, LEG ISLATIVE OFFICER, CO URT 6
OFFICER, LOCAL ELECT ED OFFICER, OR ELECT ION OFFICER TO BE 7
DETERMINED BY A JUDGE. 8
The General Assembly of North Carolina enacts: 9
SECTION 1. Article 5A of Chapter 14 of the General Statutes reads as rewritten: 10
"Article 5A. 11
"Endangering Executive, Legislative, and Court Court, and Local Elected Officers. 12
"§ 14-16.6. Assault on executive, legislative, or court officer.court, or local elected officers. 13
(a) Any person who assaults any legislative officer, executive officer, or court officer, or 14
local elected officer, or assaults another person as retaliation against any legislative officer, 15
executive officer, or court officer officer, or local elected officer because of the exercise of that 16
officer's duties, or any person who makes a violent attack upon the residence, office, temporary 17
accommodation or means of transport of any one of those officers or persons in a manner likely 18
to endanger the of ficer or person, shall be guilty of a felony and shall be punished as a Class I 19
Class G felon. 20
(b) Any person who commits an offense under subsection (a) and uses a deadly weapon 21
in the commission of that offense shall be punished as a Class F Class D felon. 22
(c) Any person who commits an offense under subsection (a) and inflicts serious bodily 23
injury to any legislative officer, executive officer, or court officer, or local elected officer shall 24
be punished as a Class E Class C felon. 25
"§ 14-16.7. Threats against executive, legislative, or court court, or local elected officers. 26
(a) Any person who knowingly and willfully makes any threat to inflict serious bodily 27
injury upon or to kill any legislative officer, executive officer, or court officer, or local elected 28
officer, or who knowingly and willfully makes any threat to inflict serious bodily injury upon or 29
kill any other person as retaliation against any legislative officer, executive officer, or court 30
officer officer, or local elected offi cer because of the exercise of that officer's duties, shall be 31
guilty of a felony and shall be punished as a Class I Class H felon. 32
(b) Any person who knowingly and willfully deposits for conveyance in the mail any 33
letter, writing, or other document containing a threat to commit an offense described in subsection 34
(a) of this section shall be guilty of a felony and shall be punished as a Class I Class H felon. 35
"§ 14-16.8. No requirement of receipt of the threat. 36
General Assembly Of North Carolina Session 2025
Page 2 House Bill 95-Second Edition
In prosecutions under G.S. 14-16.7 of this Article it shall not be necessary to prove that any 1
legislative officer, executive officer, or court officer officer, or local elected off icer actually 2
received the threatening communication or actually believed the threat. 3
… 4
"§ 14-16.10. Definitions. 5
The following definitions apply in this Article: 6
(1) Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or 7
deputy clerk, judge, or justice of the General Court of Justice; district attorney, 8
assistant district attorney, or any other attorney designated by the district 9
attorney to act for the State or on behalf of the district attorney; public 10
defender or assistant def ender; court reporter; juvenile court counselor as 11
defined in G.S. 7B-1501(18a); any attorney or other individual employed by, 12
contracted by, or acting on behalf of a county department of social services, 13
as defined in G.S. 108A-24; any attorney or other i ndividual appointed 14
pursuant to G.S. 7B-601 or G.S. 7B-1108 or employed by the Guardian ad 15
Litem Services Division of the Administrative Office of the Courts. 16
(2) Executive officer. – A person named in G.S. 147-3(c). 17
(3) Legislative officer. – A person named in G.S. 147-2(1), (2), or (3). 18
(4) Local elected officer. – An elected officer of a politi cal subdivision of this 19
State." 20
SECTION 2. G.S. 163-275(11) reads as rewritten: 21
"(11) For any person, by threats, menaces or in any other manner, to intimidate or 22
attempt to intimidate any chief judge, judge of election or other election 23
officer in the discharge of of, or because of, duties in the registration of voters 24
or in conducting any primary or election." 25
SECTION 3. Article 26 of Chapter 15A of the General Statutes is amended by 26
adding a new section to read: 27
"§ 15A-534.9. Threats against public officers; bail and pretrial release. 28
(a) In all cases in which the defendant is charged with a violation of G.S. 14-16.6, 29
14-16.7, or 163-275(11), except as provided in subsection (b) of this section, the judicial official 30
who determines the conditions of pretrial release shall be a judge. The judge shall direct a law 31
enforcement officer or a district attorney to provide a cr iminal history report for the defendant 32
and shall consider the criminal history when setting conditions of release. After setting conditions 33
of release, the judge shall return the report to the providing agency or department. No judge shall 34
unreasonably de lay the determination of conditions of pretrial release for the purpose of 35
reviewing the defendant 's criminal history report. The following provisions shall apply in 36
addition to the provisions of G.S. 15A-534: 37
(1) Upon a determination by the judge that the immediate release of the defendant 38
will pose a danger of injury to persons and upon a determination that the 39
execution of an appearance bond as required by G.S. 15A-534 will not 40
reasonably assure that such injury will not occur, a judge may retain the 41
defendant in custody for a reasonable period of time while determining the 42
conditions of pretrial release. 43
(2) A judge may impose the following conditions on pretrial release: 44
a. That the defendant stay away from the home, school, business, or place 45
of employment of the alleged victim. 46
b. That the defendant refrain from assaulting or threatening the alleged 47
victim. 48
c. That the defendant stay away from specific locations or property 49
where the offense occurred. 50
General Assembly Of North Carolina Session 2025
House Bill 95-Second Edition Page 3
d. That the defendant stay away from other specified locations or 1
property. 2
The conditions set forth in this subdivision may be imposed in addition to 3
requiring that the defendant execute a secured appearance bond. 4
(3) Should the defendant be mentally ill and dang erous to himself or herself or 5
others or a substance abuser and dangerous to himself or herself or others, the 6
provisions of Article 5 of Chapter 122C of the General Statutes shall apply. 7
(b) A defendant may be retained in custody not more than 48 hours from the time of arrest 8
without a determination being made under this section by a judge. If a judge has not acted 9
pursuant to this section within 48 hours of arrest, the magistrate shall act under the provisions of 10
this section." 11
SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 12
committed on or after that date. 13