Criminal Law Changes.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 3
SENATE BILL 310
Finance Committee Substitute Adopted 4/30/25
House Committee Substitute Favorable 6/2/26

Short Title: Criminal Law Changes. (Public)
Sponsors:
Referred to:
March 18, 2025
*S310-v-3*
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
REVISE LAW PROHIBITING WILLFUL OR WANTON DISCHARGE OF CERTAIN 6
BARRELED WEAPONS OR FIREARMS 7
SECTION 1.(a) G.S. 14-34.1 reads as rewritten: 8
"§ 14 -34.1. Discharging Willful or wanton discharge of certain barreled weapons or a 9
firearm into occupied property.firearm. 10
(a) Any A person who willfully or wantonly discharges or attempts to discharge any 11
firearm or b arreled weapon capable of discharging shot, bullets, pellets, or other missiles at a 12
muzzle velocity of at least 600 feet per second into any building, structure, vehicle, aircraft, 13
watercraft, or other conveyance, device, equipment, erection, or enclosure while it is occupied is 14
guilty of a Class E felony. 15
(a1) Unless covered under some provision of law providing greater punishment, a person 16
who willfully or wantonly discharges a weapon described in subsection (a) of this section in or 17
on the property of another without the property owner's permission, on a public street or highway, 18
or at any public place where persons other than the person who discharged the weapon are present 19
is guilty of a Class E felony. 20
(b) A person who willfully or wantonly discharges a weapon described in subsection (a) 21
of this section into an occupied dwelling or into any occupied vehicle, aircraft, watercraft, or 22
other conveyance that is in operation is guilty of a Class D felony. 23
(c) If a person violates this section and the viola tion results in serious bodily injury to 24
any person, the person is guilty of a Class C felony." 25
SECTION 1.(b) This section becomes effective December 1, 2026, and applies to 26
offenses committed on or after that date. 27
28
CREATE OFFENSE OF PREPARATION TO COMMIT LARCENY FROM A 29
MERCHANT 30
SECTION 2.(a) Article 16 of Chapter 14 of the General Statutes is amended by 31
adding a new section to read: 32
"§ 14-72.13. Preparation to commit larceny from a merchant. 33
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(a) A person is guilty of a Class I felony if the person is found within the area of a retail 1
establishment where goods are stored or offered for sale, with the intent to commit larceny from 2
a merchant, and the person is in possession of, without lawful excuse, any of the following: 3
(1) Any theft shielding device. 4
(2) Any tool, instrument, or article designed o r adapted to defeat, circumvent, 5
deactivate, or remove any antishoplifting or inventory control device. 6
(3) Any tool, instrument, or article designed or adapted to facilitate the 7
concealment, removal, or carrying away of merchandise without payment. 8
(b) For the purposes of this section, the following definitions apply: 9
(1) Antishoplifting or inventory control device. – As defined in G.S. 14-72.11. 10
(2) Theft detection shielding device. – Any laminated, coated, lined, or otherwise 11
modified bag, container, or device designed or intended to shield merchandise 12
from detection by an electronic or magnetic theft detection system." 13
SECTION 2.(b) This section becomes effective December 1, 2026, and a pplies to 14
offenses committed on or after that date. 15
16
INCREASE PUNISHMENT FOR SECRET PEEPING OFFENSES IN WHICH THE 17
VICTIM IS A MINOR 18
SECTION 3.(a) G.S. 14-202, as amended by S.L. 2025-70, reads as rewritten: 19
"§ 14-202. Secretly peeping into room occupied by another person. 20
(a) Any Unless covered under some provision of law providing greater punishment, any 21
person who shall peep secretly into any room occupied by another person shall be guilty of a 22
Class 1 misdemeanor. 23
… 24
(b) The following definitions apply in this section: 25
(1) Custody. – As defined in G.S. 14-27.31. 26
(2) Minor. – An individual who is less than 18 years of age. 27
(1)(3) Photographic image. – Any photograph or photographic reproduction, still or 28
moving, or any videotape, motion picture, or live t elevision transmission, or 29
any digital image of any individual. 30
(2)(4) Private area of an individual. – The naked or undergarment clad genitals, 31
pubic area, buttocks, or female breast of that individual. 32
(3)(5) Room. – Includes, but is not limited to, a bedroom, a rest room, a bathroom, a 33
shower, a dressing room, a dressing stall, a cubicle, or other similar area 34
designed to provide privacy. 35
(4)(6) Under circumstances in which that individual has a reasonable expectation of 36
privacy. – Means either of the following: 37
a. Circumstances in which a reasonable person would believe that he or 38
she could disrobe in privacy, without being concerned that a 39
photographic image of a private area of the individual was being 40
created. 41
b. Circumstances in which a reasonable pe rson would believe that a 42
private area of the individual would not be visible to the public, 43
regardless of whether that person is in a public or private place. 44
… 45
(f) Any Unless covered under some provision of law providing greater punishment, any 46
person who, for the purpose of arousing or gratifying the sexual desire of any person, secretly or 47
surreptitiously uses or installs in a room any device that can be used to create a photographic 48
image with the intent to capture the image of another without their consent shall be guilty of a 49
Class I felony. 50
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(g) Any Unless covered under some provision of law providing greater punishment, any 1
person who knowingly possesses a photographic image that the person knows, or has reason to 2
believe, was obtained in violation of this section shall be guilty of a Class I felony. 3
(h) Any Unless covered under some provision of law providing greater punishment, any 4
person who disseminates or allows to be disseminated images that the person knows, or should 5
have known, were obtained as a result of the violation of this section shall be guilty of a Class H 6
felony if the dissemination is without the consent of the person in the photographic image. 7
(i) Notwithstanding any other provision of this section, the following punishments apply: 8
(1) Any person who commits a violation of this section in which the victim is a 9
minor shall be guilty of an offense that is one class higher than the offense 10
committed. If the offense committed is a Class A1 misdemeanor, the person 11
shall be guilty of a Class I felony. 12
(2) Any person who commits a violation of this section (i) in which the victim is 13
a minor and (ii) while having custody of the minor victim shall be guilty of an 14
offense two classes higher than the offense committed. If the offense 15
committed is a Class 1 misdemeanor, the person shall be guilty of a Class I 16
felony. If the offense committed is a Class A1 misdemeanor, the person shall 17
be guilty of a Class H felony. 18
(3) A second or subsequent felony conviction under this section shall be punished 19
as though convicted of an offense one class higher. A second or subsequent 20
conviction for a Class 1 misdemeanor shall be punished as a Class A1 21
misdemeanor. A second or subsequent conviction for a Class A1 misdemeanor 22
shall be punished as a Class I felony. An enhancement imposed pursuant to 23
this subdivision shall apply in addition to any other enhancement imposed 24
under this subsection. 25
…." 26
SECTION 3.(b) This section becomes effective December 1, 2026, and app lies to 27
offenses committed on or after that date. 28
29
INCREASE PUNISHMENT FOR DISRUPTING, DISTURBING, OR INTERFERING 30
WITH A RELIGIOUS SERVICE OR ASSEMBLY 31
SECTION 4.(a) G.S. 14-288.4 reads as rewritten: 32
"§ 14-288.4. Disorderly conduct. 33
(a) Disorderly conduct is a public disturbance intentionally caused by any person who 34
does any of the following: 35
… 36
(7) Except as provided in subdivision (8) of this subsection, disrupts, disturbs, or 37
interferes with a religious service or assembly or engages in conduct which 38
disturbs the peace or order at any religious service or assembly. 39
(8) Engages in conduct with the intent to impede, disrupt, disturb, or interfere 40
with the orderly administration of any funeral, memorial service, or family 41
processional to the funeral or memo rial service, including a military funeral, 42
service, or family processional, or with the normal activities and functions 43
occurring in the facilities or buildings where a funeral or memorial service, 44
including a military funeral or memorial service, is taki ng place. Any of the 45
following conduct that occurs within two hours preceding, during, or within 46
two hours after a funeral or memorial service shall constitute disorderly 47
conduct under this subdivision: 48
a. Displaying, within 500 feet of the ceremonial site, location being used 49
for the funeral or memorial, or the family's processional route to the 50
funeral or memorial service, any visual image that conveys fighting 51
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words or actual or imminent threats of harm directed to any person or 1
property associated with the funeral, memorial service, or processional 2
route. 3
b. Uttering, within 500 feet of the ceremonial site, location being used 4
for the funeral or memorial service, or the family's processional route 5
to the funeral or memorial service, loud, threatening, or abusive 6
language or singing, chanting, whistling, or yelling with or without 7
noise amplification in a manner that would tend to impede, disrupt, 8
disturb, or interfere with a funeral, memorial service, or processional 9
route. 10
c. Attempting to block or blocking pedestrian or vehicular access to the 11
ceremonial site or location being used for a funeral or memorial. 12
As used in this section the term "building or facility" includes the surrounding grounds and 13
premises of any building or facility used in connection with the operation or functioning of such 14
building or facility. 15
(b) Except as provided in subsection (c) subsections (c) and (c1) of this section, any 16
person who willfully engages in disorderly conduct is guilty of a Class 2 misdemeanor. 17
(c) A person who commits a violation of subdivision (7) of subsection (a) of this section 18
is guilty of: 19
(1) A Class 1 misdemeanor for a first offense. 20
(2) A Class H felony for a second or subsequent offense. 21
(c1) A person who commits a violation of subdivision (8) of subsection (a) of this section 22
is guilty of: 23
(1) A Class 1 misdemeanor for a first offense. 24
(2) A Class I felony for a second offense. 25
(3) A Class H felony for a third or subsequent offense." 26
SECTION 4.(b) This section becomes effective December 1, 2026, and a pplies to 27
offenses committed on or after that date. 28
29
AUTHORIZE PROVISION OF CALL LOCATION INFORMATION TO LAW 30
ENFORCEMENT UNDER CERTAIN EMERGENCY CIRCUMSTANCES 31
SECTION 5.(a) Chapter 15A of the General Statutes is amended by adding a new 32
Article to read: 33
"Article 16C. 34
"Provision of Wireless Call Location Information to Law Enforcement. 35
"§ 15A-300.10. Provision of phone location information of a telecommunications device by 36
wireless telecommunications carrier to law enforcement. 37
(a) For purposes of this section, the term (i) "wireless telecommunications carrier " has 38
the same meaning as a "commercial mobile radio service provider, " as that term is defined in 39
G.S. 143B-1400, and (ii) "public safety answering point" is as defined in G.S. 143B-1400. 40
(b) At the request of a law enforcement officer, or an employee or agent of a public safety 41
answering point on behalf of a law enforcement agency, who is acting in the course of the official 42
duties of the officer , employee, or agent, a wireless telecommunications carrier shall provide, 43
subject to any limitations under applicable federal law, available phone location information of 44
a telecommunications device without delay if the officer, employee, or agent asserts either of the 45
following: 46
(1) The device that is the subject of the request was used to place a 911 call 47
requesting emergency assistance. 48
(2) There is reasonable suspicion that the device that is the subject of the request 49
is in the possession of an individual who is involved in an emergency situation 50
that involves risk of death or serious physical harm. 51
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(c) Notwithstanding any other provision of law to the contrary, nothing in this section 1
prohibits a wireless telecommunications carrier from establishing protocols by which the carrier 2
voluntarily discloses phone location information of a telecommunications device. 3
(d) No cause of action shall lie in any court against any wireless telecommunications 4
carrier, its officers, employees, agents , or other specified persons for providing phone location 5
information of a telecommunications device while acting in good faith and in accordance with 6
the provisions of this section. 7
(e) All wireless telecommunications carriers registered to do business in this State or 8
submitting to the jurisdiction thereof and all resellers of wireless telecommunications services 9
shall submit their emergency contact information to the State Bureau of Investigation in order to 10
facilitate requests from a law enforcement agency for call location information in accordan ce 11
with this section. This contact information shall be submitted annually by June 15 or immediately 12
upon any change in contact information. The State Bureau of Investigation shall maintain a 13
database containing emergency contact information for all wireless telecommunications carriers 14
registered to do business in this State and shall make the information immediately available upon 15
request to all public safety answering points in this State." 16
SECTION 5.(b) The State Bureau of Investigation shall adopt temp orary rules to 17
implement the provisions of this act. Temporary rules adopted in accordance with this act shall 18
remain in effect until permanent rules that replace the temporary rules become effective. 19
SECTION 5.(c) This section becomes effective July 1, 2026. 20
21
PROVISIONS RELATING TO MAGISTRATES' REQUIREMENT TO EXPLAIN A 22
FINDING OF NO PROBABLE CAUSE IN IMPLIED CONSENT CASES 23
SECTION 6.(a) G.S. 15A-511 is amended by adding a new subsection to read: 24
"(c1) Written Findings for Implied Consent Offense. – If the magistrate determines there is 25
no probable cause for an implied consent offense, as defined in G.S. 20-16.2, the magistrate shall 26
provide a written explanation on a form approved by the Administrative Office of the Courts 27
which shall contain, at a minimum, all of the following: 28
(1) When performed, the result of any alcohol or other impairing substance 29
screening test. 30
(2) When performed, the results of any standardized field sobriety tests. 31
(3) When performed, the results of any drug recognition expert evaluation. 32
(4) When available, the alcohol concentration or the fact that the driver refused 33
the implied consent test. 34
(5) Whether a blood sample for analysis was obtained from the defendant. 35
(6) The element or elements of the offense charged that the magistrate believes 36
are missing that led to the determination that probable cause did not exist. 37
(7) The signature of the magistrate. 38
A copy of the form required by this subsection shall be sent to the head of the law enforcement 39
agency that employed the charging officer , and to the chief district court judge and district 40
attorney for the judicial district, and filed with the court. The Administrative Office of the Courts 41
shall electronically record this data in its database and make it available upon request." 42
SECTION 6.(b) This section becomes effective December 1, 2026, and applies to 43
initial appearances on or after that date. 44
45
REVISION RELATED TO THE OFFENSE OF AIDING OR ABETTING THE SALE TO 46
OR PURCHASE BY UNDERAGE PERSONS OF ALCOHOLIC BEVERAGES 47
SECTION 7.(a) G.S. 18B-302(c)(2) reads as rewritten: 48
"(2) By Person over Lawful Age. – Any Except as otherwise provided in this 49
subdivision, any person who is over the lawful age to purchase and who aids 50
or abets another in violation of subsection (a), (a1), or (b) of this section is 51
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guilty of a Class 1 misdemeanor. Any person who is over the lawful age to 1
purchase and who aids or abets a person under the lawful age to purchase in 2
violation of subsection (a), (a1), or (b) of this section is guilty of a Class F 3
felony if the person under the lawful age to purchase consumed the alcoholic 4
beverage involved in the violation and serious bodily injury to the person 5
under lawful age or another results that was proximately caused by the 6
consumption of the alcoholic beverage. For purposes of this subdivision, the 7
term "serious bodily injury" is as defined in G.S. 14-32.4." 8
SECTION 7.(b) G.S. 18B-302.1(b) reads as rewritten: 9
"(b) A violation of G.S. 18B-302(c)(2) is either a Class 1 misdemeanor. misdemeanor or 10
a Class F felony. Notwithstanding the provisions of G.S. 15A-1340.17 and G.S. 15A-1340.23, if 11
the court imposes a sentence that does not include an active punishment, the court must include 12
among the conditions of probation a requirement that the person pay a fine of at least five hundred 13
dollars ($500.00) as authorized by G.S. 15A-1343(b)(9) and a requirement that the person 14
complete at least 25 hours of community service, as authorized by G.S. 15A-1343(b1)(6). If the 15
person has a previous conviction of this offense in the four years immediately preceding the date 16
of the current offense, and the court imposes a sentence that d oes not include an active 17
punishment, the court must include among the conditions of probation a requirement that the 18
person pay a fine of at least one thousand dollars ($1,000) as authorized by G.S. 15A-1343(b)(9) 19
and a requirement that the person complete at least 150 hours of community service, as authorized 20
by G.S. 15A-1343(b1)(6)." 21
SECTION 7.(c) This section becomes effective December 1, 2026, and applies to 22
offenses committed on or after that date. 23
24
PROVISIONS RELATING TO REDUCING UNNECESSARY MOTIONS IN COURT 25
AND ALLOWING ORAL FLUID DRUG SCREENING TESTS 26
SECTION 8.(a) G.S. 20-16.3 reads as rewritten: 27
"§ 20-16.3. Alcohol and drug screening tests required of certain drivers; approval of test 28
devices and manner of use by Department of Health and Human S ervices; use 29
of test results or refusal. 30
(a) When Alcohol or Drug Screening Test May Be Required; Not an Arrest. – A 31
law-enforcement officer may require the driver of a vehicle to submit to an alcohol screening test 32
within a relevant time after the driving test, drug screening test, or an alcohol screening test and 33
a drug screening test, if the officer has:has either of the following: 34
(1) Reasonable grounds to believe that the driver has consumed alcohol alcohol, 35
an impairing substance other than alcohol, or alcohol and an impairing 36
substance other than alcohol, and has:has done either of the following: 37
a. Committed a moving traffic violation; orviolation. 38
b. Been involved in an accident or collision; orcollision. 39
(2) An articulable and reasonable suspicion that the driver has committed an 40
implied-consent offense under G.S. 20-16.2, and the driver has been lawfully 41
stopped for a driver's license check or otherwise lawfully stopped or lawfully 42
encountered by the officer in the course of the performance of the officer's 43
duties. 44
Requiring a driver to submit to an alcohol screening a test in accordance with this section does 45
not in itself constitute an arrest. 46
(b) Approval of Alcohol Screening Devices and Manner of Use. – The Department of 47
Health and Human Service s is directed to examine and approve devices suitable for use by 48
law-enforcement officers in making on -the-scene tests of drivers for alcohol concentration. For 49
each alcohol screening device or class of devices approved, the Department must adopt 50
regulations governing the manner of use of the device. For any alcohol screening device that tests 51
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the breath of a driver, the Department is directed to specify in its regulations the shortest feasible 1
minimum waiting period that does not produce an unacceptably hi gh number of false positive 2
test results. 3
(b1) Approval of Oral Drug Screening Devices and Manner of Use. – The Department of 4
Health and Human Services is directed to examine and approve oral fluid drug screening devices 5
suitable for use by law -enforcement officers to test drivers for the presence of impairing 6
substances other than alcohol in oral fluids. For each device or class of devices approved, the 7
Department must adopt regulations governing the manner of use of the device and the level of 8
training required for officers who are authorized to use the device. The Department is directed to 9
specify in its regulations the shortest feasible minimum waiting period that does not produce an 10
unacceptably high number of false positive test results. 11
(c) Tests Must Be Made with Approved Devices and in Approved Manner. – No 12
screening test for alcohol concentration is a valid one under this section unless the device used is 13
one approved by the Department and the screening test is conducted in accordance with the 14
applicable regulations of the Department as to the manner of its use. 15
(d) Use of Screening Test Results or Refusal by Officer. – The fact that a driver (i) 16
showed a positive or negative result on an alcohol screening test, test, but not the actual alcohol 17
concentration result, result, (ii) showed a positive or negative result on an oral fluid drug 18
screening test, or a driver's refusal (iii) refused to submit to a test may be used by a 19
law-enforcement officer, is admissible in a court, or may also be used by an administrative 20
agency in determining if there are reasonable grounds for believing:or probable cause to believe 21
any of the following: 22
(1) That the driver has committed an implied-consent offense under G.S. 20-16.2; 23
andG.S. 20-16.2. 24
(2) That For an alcohol screening test, that the driver had consumed alcohol and 25
that the driver had in his or her body previously consumed alcohol, but not to 26
prove a particular alcohol concentration. Negative or low results on the 27
alcohol screening test may be used in factually appropriate cases by the 28
officer, a court, or an administrative agency in determining whether a person's 29
alleged impairment is caused by an impairing substance other than alcohol. 30
(3) For an oral fluid drug screening test, that the driver had consumed one or more 31
impairing substances other than alcohol and had in his or her body one or more 32
previously consumed impairing substances other than alcohol." 33
SECTION 8.(b) G.S. 20-138.7(d) reads as rewritten: 34
"(d) Alcohol Screening Test. – Notwithstanding any other provision of law, an alcohol 35
screening test may be administered to a driver suspected of violating subsection (a) of this 36
section, and the results of an alcohol screening test or the driver's refusal to submit may be used 37
by a law enforcement officer, a court, or an administrative agency in determining if alcohol was 38
present in the driver's body. No alcohol screening tests are valid under this section unless the 39
device used is one approved by the Commission for Public Health, Department of Health and 40
Human Services, and the screening test is conducted in accordance with the applicable 41
regulations of the Commission Department of Health and Human Services as to the manner of 42
its use." 43
SECTION 8.(c) G.S. 15A-534.2(d)(2) reads as rewritten: 44
"(2) For any purpose in any proceeding if the test was not performed by a method 45
approved by the Commission for Public Health Department of Health and 46
Human Services under G.S. 20-139.1 and by a person licensed to administer 47
the test by the Department of Health and Human Services." 48
SECTION 8.(d) This section becomes effective December 1, 2026, and applies to 49
offenses committed on or after that date. 50
51
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PROVISIONS RELATING TO PROHIBITING TRANSPORTATION NETWORK 1
COMPANY (TNC) DRIVERS FROM DRIVING AFTER CONSUMING ALCOHOL 2
AND PROVIDING FOR EDUCATION FOR TNC DRIVERS 3
SECTION 9.(a) G.S. 20-17(a) is amended by adding a new subdivision to read: 4
"(13a) A second or subsequent conviction, as defined in G.S. 20-138.2B(d), of 5
driving a TNC service vehicle after consuming alcohol under 6
G.S. 20-138.2B." 7
SECTION 9.(b) G.S. 20-138.2B reads as rewritten: 8
"§ 20-138.2B. Operating a school bus, school activity bus, child care vehicle, ambulance, 9
other EMS vehicle, firefighting vehicle, or law enforcement vehicle vehicle, or 10
TNC service vehicle after consuming alcohol. 11
(a) Offense. – A person commits the offense of operating a school bus, school activity 12
bus, child care vehicle, ambulance, other emergency medical services vehicle, firefighting 13
vehicle, or law enforcement vehicle vehicle, or TNC service vehicle after consuming alcohol if 14
the person drives a school bus, school activity bus, child care vehicle, ambulance, other 15
emergency medical services vehicle, firefighting vehicle, or law enforcement vehicle vehicle, or 16
TNC service vehicle upon any highway, any street, or any public vehicular area within the State 17
while consuming alcohol or while alcohol remains in the person's body. This section does not 18
apply to law enforcement officers acting in the course of, and within the scope of, their official 19
duties. For purposes of this section, the term "TNC service vehicle" means a motor vehicle being 20
operated for the purpose of providing a TNC service, as that term is defined in G.S. 20-280.1. 21
…." 22
SECTION 9.(c) G.S. 20-280.6 reads as rewritten: 23
"§ 20-280.6. Background checks. 24
(a) Prior to permitting an individual to act as a TNC driver, the transportation network 25
company must do all of the following: 26
… 27
(4) Require the individual to agree in writing that the individual will not act as a 28
TNC driver while consum ing alcohol or at any time while the driver has 29
remaining in the driver's body any alcohol or controlled substance previously 30
consumed. This subdivision does not apply to any controlled substance that 31
was lawfully obtained and taken in therapeutically appropriate amounts. 32
… 33
(c) The transportation network company must not permit an individual to act as a TNC 34
driver if any of the following apply: 35
… 36
(2) Has been convicted within the past seven years of driving under the influence 37
of drugs or alcohol, fraud, se xual offenses, use of a motor vehicle to commit 38
a felony, or a crime involving property damage, theft, acts of violence, or acts 39
of terror. 40
(2a) Has been convicted within the past s even years of a second or subsequent 41
conviction, as defined in G.S. 20-138.2B(d), of driving a TNC service vehicle 42
after consuming alcohol under G.S. 20-138.2B. 43
…." 44
SECTION 9.(d) Transportation network companies (TNCs) shall notify all TNC 45
drivers providing TNC services at the time of the effective date of this section of the requirement 46
set forth in G.S. 20-280.6(a)(4), as enacted by subsection (c) of this section. A TNC shall not 47
permit an individual subject to this subsection to act as a TNC driver if the individual does not 48
comply with the requirement set forth in G.S. 20-280.6(a)(4) by no later than 12 months from the 49
effective date of this section. 50
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SECTION 9.(e) Subsections (a) and (b) of this section become effective December 1
1, 2026, and apply to offenses committed on or after that date. The remainder of this section 2
becomes effective December 1, 2026. 3
4
PROVISIONS RELATED TO ALLOWING REPEAT OFFENDERS A METHOD TO 5
PROVE THEIR SOBRIETY AND OBTAIN A LEGAL METHOD TO OPERATE A 6
VEHICLE 7
SECTION 10.(a) G.S. 20-19 is amended by adding a new subsection to read: 8
"(d1) Notwithstanding any other provision of law, when a person 's license is revoked for 9
an impaired driving offense and the person is sentenced pursuant to G.S. 20-179, the Division 10
may conditionally restore the person's license after it has been revoked for at least one year if the 11
person (i) provides the Division with a certificate of graduation from a Drug Treatment or Driving 12
While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of Chapter 13
7A of the General Statutes and (ii) successfully compl etes a Division -approved driver 14
improvement clinic described in G.S. 20-16. If the Division restores the person's license, it shall 15
place all of the following restrictions, requirements, and conditions on the person for the duration 16
of the original revocation period: 17
(1) A requirement that all registered vehicles owned by that person be equipped 18
with a functioning ignition interlock system in accordance with 19
G.S. 20-17.8(c1). 20
(2) A restriction that the person may operate only a motor vehicle equipped with 21
a functioning ignition interlock system of a type approved by the 22
Commissioner that is set to prohibit driving with an alcohol concentration of 23
greater than 0.02. 24
(3) A requirement that the person personally activate the ignition interlock system 25
before driving the motor vehicle. 26
Notwithstanding the provisions of G.S. 20-17.8, the Division may , in lieu of an ignition 27
interlock system, impose a requirement that a person whose license has been conditionally 28
restored pursuant to this subsection prove abstention from the consumption of alcohol by use of 29
a continuous alcohol monitoring system approved under G.S. 15A-1343.3. The provider of the 30
continuous alcohol monitoring system shall send reports prepared in accordance with this 31
subsection to the Division. 32
In addition, the Division may place other reasonable restrictions , requirements, and 33
conditions on the person for the duration of the original revocation period." 34
SECTION 10.(b) This section becomes effective December 1, 2026. 35
36
PROVISIONS RELATED TO TRANSPARENCY IN COURT PROCEEDINGS 37
INVOLVING IMPAIRED DRIVERS 38
SECTION 11. Section 33 of S.L. 2006 -253, as amended by Section 5 of S.L. 39
2007-493, reads as rewritten: 40
"SECTION 33. Section 6 becomes effective August 21, 2006, and applies to hearin gs held 41
on or after that date. Sections 20.1, 20.2, and the requirement that the Administrative Office of 42
the Courts electronically record certain data contained in subsection (c) of G.S. 20-138.4, as 43
amended by Section 19 of this act, become effective after the next rewrite of the superior court 44
clerks system by the Administrative Office of the Courts. December 1, 202 6. Section 22.4 45
becomes effective December 1, 2006. The remainder of this act becomes effective December 1, 46
2006, and applies to offenses committed on or after that date." 47
48
REMOVAL OF PROVISIONS RELATING TO SPEEDING TO ELUDE ARREST 49
EVIDENCE 50
SECTION 12.(a) G.S. 20-141.5 reads as rewritten: 51
General Assembly Of North Carolina Session 2025
Page 10 Senate Bill 310-Third Edition
"§ 20-141.5. Speeding to elude arrest; seizure and sale of vehicles. 1
(a) It shall be unlawful for any person to operate a motor vehicle on a street, highway, or 2
public vehicular area while fleeing or attempting to elude a law enforcement officer who is in the 3
lawful performance of his duties. Except as provided in subsection (b) of this section, violation 4
of this section shall be a Class 1 misdemeanor. 5
(b) If two or more of the following aggravating factors are present at the time the violation 6
occurs, violation of this section shall be a Class H felony. 7
(1) Speeding in excess of 15 miles per hour over the legal speed limit. 8
(2) Gross impairment of the person's faculties while driving due to: 9
a. Consumption of an impairing substance; or 10
b. A blood alcohol concentration of 0.14 or more within a relevant time 11
after the driving. 12
(3) Reckless driving as proscribed by G.S. 20-140. 13
(4) Negligent driving leading to an accident causing: 14
a. Property damage in excess of one thousand dollars ($1,000); or 15
b. Personal injury. 16
(5) Driving when the person's drivers license is revoked. 17
(6) Driving in excess of the posted spe ed limit, during the days and hours when 18
the posted limit is in effect, on school property or in an area designated as a 19
school zone pursuant to G.S. 20-141.1, or in a highway work zone as defined 20
in G.S. 20-141(j2). 21
(7) Passing a stopped school bus as proscribed by G.S. 20-217. 22
(8) Driving with a child under 12 years of age in the vehicle. 23
(b1) When a violation of subsection (a) of this section is the proximate cause of the death 24
of any person, the person violating subsection (a) of this section shall be g uilty of a Class H 25
felony. When a violation of subsection (b) of this section is the proximate cause of the death of 26
any person, the person violating subsection (b) of this section shall be guilty of a Class E felony. 27
(c) Whenever evidence is presented in any court or administrative hearing of the fact that 28
a vehicle was operated in violation of this section, it shall be prima facie evidence that the vehicle 29
was operated by the person in whose name the vehicle was registered at the time of the violation, 30
according to the Division's records. If the vehicle is rented, then proof of that rental shall be prima 31
facie evidence that the vehicle was operated by the renter of the vehicle at the time of the 32
violation. 33
(d) The Division shall suspend, for up to one year , the drivers license of any person 34
convicted of a misdemeanor under this section. The Division shall revoke, for two years, the 35
drivers license of any person convicted of a felony under this section if the person was convicted 36
on the basis of the presence of two of the aggravating factors listed in subsection (b) of this 37
section. The Division shall revoke, for three years, the drivers license of any person convicted of 38
a felony under this section if the person was convicted on the basis of the presence of three or 39
more aggravating factors listed in subsection (b) of this section. In the case of a first felony 40
conviction under this section where only two aggravating factors were present, the licensee may 41
apply to the sentencing court for a limited driving pr ivilege after a period of 12 months of 42
revocation, provided the operator's license has not also been revoked or suspended under any 43
other provision of law. A limited driving privilege issued under this subsection shall be valid for 44
the period of revocation remaining in the same manner and under the terms and conditions 45
prescribed in G.S. 20-16.1(b). If the person's license is revoked under any other statute, the 46
limited driving privilege issued pursuant to this subsection is invalid. 47
(e) When the probable cause of the law enforcement officer is based on the prima facie 48
evidence rule set forth in subsection (c) above, the officer shall make a reasonable effort to 49
contact the registered owner of the vehicle prior to initiating criminal process. 50
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Senate Bill 310-Third Edition Page 11
(f) Each law enforcement agency shall adopt a policy applicable to the pursuit of fleeing 1
or eluding motorists. Each policy adopted pursuant to this subsection shall specifically include 2
factors to be considered by an officer in determining when to initiate or terminate a pursuit. The 3
Attorney General shall develop a model policy or policies to be considered for use by law 4
enforcement agencies. 5
(g) through (j) Repealed by Session Laws 2013 -243, s. 6, effective December 1, 2013, 6
and applicable to offenses committed on or after that date. 7
(k) If a person is convicted of a violation of subsection (b) or (b1) of this section, the 8
motor vehicle that was driven by the defendant at the time the defendant committed the offense 9
of felony speeding to elude arrest becomes property su bject to forfeiture in accordance with the 10
procedure set out in G.S. 20-28.2, 20-28.3, 20-28.4, and 20-28.5." 11
SECTION 12.(b) This section becomes effective December 1, 2026, and applies to 12
offenses committed on or after that date. 13
14
ADD RECOGNITION OF MILI TARY-ISSUED PROTECTIVE ORDERS AS A 15
CRIMINAL VIOLATION 16
SECTION 13.(a) G.S. 50B-1 reads as rewritten: 17
"§ 50B-1. Domestic violence; definition. 18
(a) Domestic violence means the commission of one or more of the following acts upon 19
an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party 20
by a person with whom the aggrieved party has or has had a personal relationship, but does not 21
include acts of self-defense: 22
(1) Attempting to cause bodily injury, or intentionally causing bodily injury; or 23
(2) Placing the aggrieved party or a member of the aggrieved party's family or 24
household in fear of imminent serious bodily injury or continued harassment, 25
as defined in G.S. 14-277.3A, that rises to such a level as to inflict substantial 26
emotional distress; or 27
(3) Committing any act defined in G.S. 14-27.21 through G.S. 14-27.33. 28
(b) For purposes of this section, the term "personal relationship" means a relationship 29
wherein the parties involved: 30
(1) Are current or former spouses; 31
(2) Are persons of opposite sex who live together or have lived together; 32
(3) Are related as parents and children, including others acting in loco parentis to 33
a minor child, or as grandparents and grandchildren. For purposes of this 34
subdivision, an aggrieved party may not obtain an order of protection against 35
a child or grandchild under the age of 16; 36
(4) Have a child in common; 37
(5) Are current or former household members; 38
(6) Are persons of the opposite sex who are in a dating relationship or have been 39
in a dating relationship. For purposes of this subdivision, a dating relationship 40
is one wherein the parties are romantically involved over time and on a 41
continuous basis during the course of the relationship. A casual acquaintance 42
or ordinary fraternization between persons in a business or social context is 43
not a dating relationship. 44
(c) As used in this Chapter, the term "protective order" includes any order entered 45
pursuant to this Chapter upon hearing by the court or consent of the parties. 46
(d) As used in this Chapter, the term "military protective order" means a protective order 47
issued in accordance with 10 U.S.C. § 1567 by a commanding officer in the Armed Forces of the 48
United States or the National Guard of any state against a person under that officer's command." 49
SECTION 13.(b) G.S. 50B-2(c)(1) reads as rewritten: 50
"(c) Ex Parte Orders. – 51
General Assembly Of North Carolina Session 2025
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(1) Prior to the hearing, if it clearly appears to the court from specific facts shown, 1
that there is a danger of acts of domestic violence against the aggrieved party 2
or a minor child, the court may enter orders as it deems necessary to protect 3
the aggrieved party or minor children from those acts. The existence of a 4
verifiable order of protection issued previously or from another jurisdiction, 5
including a military prot ective order, may be considered evidence of the 6
potential for future danger of acts of domestic violence against the aggrie ved 7
party or a minor child." 8
SECTION 13.(c) G.S. 50B-4.1 reads as rewritten: 9
"§ 50B-4.1. Violation of valid protective order. 10
(a) Except as otherwise provided by law, a person who knowingly violates a valid 11
protective order entered pursuant to this Chapter or who knowingly violates a valid protective 12
order entered by the courts of another state or the courts of an Indian tribe tribe, or a valid military 13
protective order, shall be guilty of a Class A1 misdemeanor. 14
(b) A law enforcement officer shall arrest and take a person into custody, with or without 15
a warrant or other process, if the officer has probable cause to believe that the person knowingly 16
has violated a valid protective order excluding the person from the residence or household 17
occupied by a victim of domestic violence or directing the person to refrain from doing any or 18
all of the acts specified in G.S. 50B-3(a)(9). 19
(c) When a law enforcement officer makes an arrest under this section without a warrant, 20
and the party arrested contests that the out -of-state order or the order issued by an Indian court 21
remains in full force and effect, the party arrested shall be promptly provided with a copy of the 22
information applicable to the party which appears on the National Crime Information Center 23
registry by the sheriff of the county in which the arrest occurs. 24
(c1) When (i) a law enforcement officer has probable cause to believe that a person 25
committed a violation of this section , (ii) that officer determines a military protective order 26
entered into the National Crime Information Center registry was also issued against that person, 27
and (iii) the officer has probable cause to believe t hat the person also violated the military 28
protective order, the officer, or his or her employing agency, must notify the agency that entered 29
the military protective order into the registry. 30
…." 31
SECTION 13.(d) This section becomes effective December 1, 2026, and applies to 32
violations issued and offenses committed on or after that date. 33
34
SHERIFF'S BOND 35
SECTION 14. G.S. 162-8 reads as rewritten: 36
"§ 162-8. Bond required. 37
The sheriff shall furnish a bond payable to the State of North Carolina for the due execution 38
and return of process, the payment of fees and moneys collected, and the faithful execution of 39
his office as sheriff, which shall be conditioned as follows: 40
The condition of the above obligation is such that, whereas the above bounden ______ is 41
elected and appointed sheriff of ______ County; if therefore, he shall well and truly execute and 42
due return make of all process and precepts to him directed, and pay and satisfy all fees and sums 43
of money by him received or levied by virtue of any process into the proper office into which the 44
same, by the tenor thereof, ought to be paid, or to the person to whom the same shall be due, his 45
executors, administrators, attorneys, or agents; and in all other things well and truly and faithfully 46
execute the said office of sheriff during his continuance therein, then above obligation to be 47
void; otherwise to remain in full force and effect. 48
The amount of the bond shall be determined by the board of county commissioners, but shall 49
not exceed twenty-five thousand dollars ($25,000). 50
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If a suit is maintained against the sheriff and the sheriff 's surety upon their respective bond 1
and the surety is required to pay out on the bond, the county shall reimburse the surety on behalf 2
of the sheriff for the amount paid by the surety on the bond, including reasonable and necessary 3
expenses incurred by the surety related to the claim against the bond. The county shall not bear 4
the cost of reimbursing the surety for recovery of the moneys paid by the surety on the bond if 5
the conduct that gave rise to the claim against the sheriff's bond resulted in the conviction of the 6
sheriff of a felony." 7
8
CRIMINAL SAVINGS CLAUSE 9
SECTION 15. Prosecutions for offenses committed before the effective date of this 10
act are not abated or affected by this act, and the statutes that would be applicable but for this act 11
remain applicable to those prosecutions. 12
13
EFFECTIVE DATE 14
SECTION 16. Except as otherwise provided, this act is effective when it becomes 15
law. 16