The Law and Order Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-71
SENATE BILL 311

*S311-v-5*
AN ACT TO INCREASE T HE PUNISHMENT FOR CO MMITTING AN ASSAULT
AGAINST A UTILITY OR COMMUNICATIONS WORK ER; TO CREATE THE
OFFENSE OF CRIMINAL POSSESSION AND UNLAW FUL SALE OF EMBALMIN G
FLUID AND TO MAKE OTHER TECHNICAL REVISIONS; TO AMEND WORKPLACE
VIOLENCE PREVENTION LAWS TO C OVER MASS PICKETING; TO ESTABLISH
AN OFFENSE FOR ENTERING A PART OF A BUILDING NOT OPEN TO THE PUBLIC
WITH THE INTENT TO C OMMIT AN UNLAWFUL AC T, TO ESTABLISH THE
OFFENSE OF LARCENY O F GIFT CARDS, TO REV ISE THE ORGANIZED RE TAIL
THEFT OFF ENSE TO INCLUDE OFFE NSES INVOLVING GIFT CARDS, AND TO
PROVIDE CIVIL LIABIL ITY FOR LARCENY OF G IFT CARDS; TO ESTABL ISH A
CRIMINAL OFFENSE FOR POSSESSING CERTAIN EXPLOSIVE OR INCENDI ARY
DEVICES OR MATERIAL; TO INCREASE THE PEN ALTIES FOR RECKLESS
DRIVING OR STREET RACING THAT CAUSES SERIOUS INJURY OR DEATH AND
INCREASE PENALTIES FOR HIT AND RUN OFFENSES THAT RESULT IN DEATH;
TO CREATE THE OFFENSES OF POSSESSING, BRANDISHING, OR DISCHARGING
A FIREARM OR WEAPON OF MASS DEATH AND DE STRUCTION BY A FELON
DURING THE COMMISSION OR ATTEM PTED COMMISSION OF A FELONY; TO
INCREASE THE PUNISHM ENT FOR LARCENY OF M AIL; TO REVISE THE
OFFENSES OF FIRST AND SECOND DEGREE BURGLARY AND TO ENHANCE THE
PUNISHMENT IMPOSED F OR CERTAIN BURGLARY AND BREAKING OR
ENTERING OFFENSES CO MMITTED BY A PERSON IN PO SSESSION OF A
FIREARM; TO ESTABLIS H A MITIGATING FACTO R FOR CERTAIN PERSON S
CHARGED WITH IMPAIRE D DRIVING WHO VOLUNT ARILY EQUIP AND
OPERATE A MOTOR VEHI CLE WITH AN IGNITION INTERLOCK SYSTEM PRIOR
TO TRIAL; TO ENACT T HE COMMERCIAL VEHICLE AND CARGO PROTECTI ON
ACT; AND TO MODIFY MISDEMEANOR EXPUNCTION.

The General Assembly of North Carolina enacts:

PART I. ASSAULT AGAINST UTILITY WORKER
SECTION 1.(a) G.S. 14-33(b) reads as rewritten:
"(b) Unless his the conduct is covered under some other provision of law providing greater
punishment, any person who commits any assault, assault and battery, or affray is guilty of a
Class 1 misdemeanor if, in the course of the assault, assault and battery, or affray, he:the person
does any of the following:
…
(9) Commits an assault and battery against a sports official when the sports
official is discharging or attempting to discharge official duties at a sports
event, or immediately after the sports event at which the spor ts official
discharged official duties. A "sports official" is a person at a sports event who
enforces the rules of the event, such as an umpire or referee, or a person who
supervises the participants, such as a coach. A "sports event" includes any

Page 2 Session Law 2025-71 Senate Bill 311
interscholastic or intramural athletic activity in a primary, middle, junior high,
or high school, college, or university, any organized athletic activity
sponsored by a community, business, or nonprofit organization, any athletic
activity that is a professional or semiprofessional event, and any other
organized athletic activity in the State.
(10) Assaults a utility or communications worker while the worker is (i) readily
identifiable as a worker and (ii) discharging or attempting to discharge his or
her duties. For purposes of this subdivision, the term "utility or
communications worker" means an employee of, agent of, or under contract
with an organization, entity, or company, whether State-created or privately,
municipally, county, or cooperatively owned, that provides electricity, natural
gas, liquid petroleum, water, wastewater services, telecommunications
services, or internet access services. For purposes of this subdivision, the term
"readily identifiable as a worker " shall be constru ed to include the worker
wearing, at the time of the assault, a uniform, hat, or other outerwear bearing
the logo of the utility or communications company for which the worker is an
employee of, agent of, or under contract with."
SECTION 1.(b) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.

PART II. EMBALMING FLUID OFFENSES
SECTION 2.(a) G.S. 90-210.20 reads as rewritten:
"§ 90-210.20. Definitions.
The following definitions apply in this Article:
(a)(1) "Advertisement" means the Advertisement. – The publication, dissemination,
circulation or placing before the public, or causing directly or indirectly to be
made, published, disseminated or placed before the public, any announcement
or statement in a newspaper, magazine, or other publication, or in the form of
a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard,
card, label or tag, or over any radio, television station, or electronic medium.
(b)(2) "Board" means the Board. – The North Carolina Board of Funeral Service.
(c)(3) "Burial" includes Burial. – Includes interment in any form, cremation and the
transportation of the dead human body as necessary therefor.
(c1)(4) "Chapel" means a Chapel. – A chapel or other facility separate from the
funeral establishment premises for the primary purpose of reposing of dead
human bodies, visitation or funeral ceremony that is owned, operated, or
maintained by a funeral establishment under this Article, and that does not use
the word "funeral" in its name, on a sign, in a directory, in advertising or in
any other manner; in which or on the premises of which there is not displayed
any caskets or other funeral merchandise; in which or on the premises of
which there is not located any preparation room; and which no owner,
operator, employee, or agent thereof represents the chapel to be a funeral
establishment.
(c2)(5) "Dead human bodies", as used in this Article includes Dead human bodies. –
Includes fetuses beyond the second trimester and the ashes from cremated
bodies.
(d)(6) "Embalmer" means any Embalmer. – Any person engaged in the practice of
embalming.
(e)(7) "Embalming" means the Embalming. – The preservation and disinfection or
attempted preservation and disinfection of dead human bodies by application
of chemicals externally or internally or both and the practice of restorative art

Senate Bill 311 Session Law 2025-71 Page 3
including the restoration or attempted restoration of the appearance of a dead
human body. Embalming shall not include the washing or use of soap and
water to cleanse or prepare a dead human body for disposition by the
authorized agents, family, or friends of the deceased who do so privately
without pay or as part of the ritual washing and preparation of dead human
bodies prescribed by religious practices; provided, that no dead human body
shall be handled in a manner inconsistent with G.S. 130A-395.
(8) Embalming fluid. – Any chemicals or substances manufactured primarily for
use by licensed funeral directors, undertakers or embalmers, or registered
residents to prepare, disinfect , or preserve, either hypodermically, arterially ,
or by any other recognized means , the body of a deceased person for burial,
cremation, or other final disposition.
(e1)(9) "Entry-level examination in funeral directing" means an Entry-level
examination in funeral directing. – An examination (i) offered as a component
of a final or capstone course in a mortuary science program approved by the
Board or (ii) accredited by the American Board of Funeral Service Education
or an examination equivalent to the State Board Examination-Arts in Funeral
Directing to assess competency in all of the following subjects:
(1)a. Funeral arranging and directing.
(2)b. Funeral service marketing and merchandising.
(3)c. Funeral service counseling.
(4)d. Legal and regulatory compliance.
(5)e. Cemetery and crematory operations.
(f)(10) "Funeral directing" means engaging Funeral directing. – Engaging in the
practice of funeral service except embalming.
(g)(11) "Funeral director" means any Funeral director. – Any person engaged in the
practice of funeral directing.
(h)(12) "Funeral establishment" means every Funeral establishment. – Every place or
premises devoted to or used in the care, arrangement and preparation for the
funeral and final disposition of dead human bodies and maintained for the
convenience of the public in connection with dead human bodies or as the
place for carrying on the practice of funeral service.
(i)(13) "Funeral service licensee" means a person who is duly licensed and engaged
in the practice of funeral service. Funeral service. – The aggregate of all
funeral service licensees and their duties and responsibilities in connection
with the funeral as an organized, purposeful, time -limited, flexible,
group-centered response to death.
(j)(14) "Funeral service" means the aggregate of all funeral service licensees and their
duties and responsibilities in connection with the funeral as an organized,
purposeful, time-limited, flexible, group -centered response to death. Funeral
service licensee. – A person who is duly licensed and engaged in the practice
of funeral service.
(k)(15) "Practice of funeral service" means engaging Practice of funeral service. –
Engaging in the care or disposition of dead human bodies or in the practice of
disinfecting and preparing by embalming or otherwise dead human bodies for
the funeral service, transportation, burial or cremation, or in the practice of
funeral directing or embalming as presently known, whether under these titles
or designations or otherwise. "Practice of funeral service" also means
engaging in making arrangements for funeral service, selling funeral supplies
to the public or making financial arrangements for the rendering of such
services or the sale of such supplies.

Page 4 Session Law 2025-71 Senate Bill 311
(l)(16) "Resident trainee" means a Resident trainee. – A person who is engaged in
preparing to become licensed for the practice of funeral directing, embalming
or funeral service under the personal supervision and instruction of a person
duly licensed for the practice of funeral directing, embalming or funeral
service in the State of North Carolina under the provisions of this Chapter, and
who is duly registered as a resident trainee with the Board."
SECTION 2.(b) Article 13A of Ch apter 90 of the General Statutes is amended by
adding a new section to read:
"§ 90-210.29C. Unlawful sale of embalming fluid.
(a) Offense. – It is unlawful for a funeral director, embalmer, or resident trainee to
knowingly give, sell, permit to be sold, offer for sale, or display for sale, other than for purposes
within the general scope of their activities as a funeral director, embalmer, or resident trainee,
embalming fluid to another person with actual knowledge that the person is not a funeral director,
embalmer, or resident trainee.
(b) Punishment. – A person who violates subsection (a) of this section is guilty of a Class
I felony, including a fine of not less than one hundred dollars ($100.00) and not more than five
hundred dollars ($500.00)."
SECTION 2.(c) Chapter 90 of the General Statutes is amended by adding a new
Article to read:
"Article 5I.
"Miscellaneous Drug-Related Regulations.
"§ 90-113.154. Criminal possession of embalming fluid.
(a) Definition. – For purposes of this section, the following terms are as defined in
G.S. 90-210.20:
(1) Embalmer.
(2) Embalming.
(3) Embalming fluid.
(4) Funeral director.
(5) Resident trainee.
(b) Offense. – Both of the following are unlawful:
(1) Possessing embalming fluid for any purpose other than the lawful preservation
of dead human bodies by a person authorized by law to engage in such activity
or the lawful preservation of wildlife by a person licensed in taxidermy
pursuant to G.S. 113-273(k).
(2) Selling, delivering, or o therwise distributing em balming fluid to another
person with knowledge that the person intends to utilize the embalming fluid
for any purpose other than the lawful preservation of dead human bodies by a
person authorized by law to engage in such activity or the lawful preservation
of wildlife by a person licensed in taxidermy pursuant to G.S. 113-273(k).
(c) Punishment. – A person who commits a violation of subsection (b) of this s ection
shall be punished as follows:
(1) If the violation involves less than 28 grams, the violation shall be punished as
a Class I felony.
(2) If the violation involves 28 grams or more of embalming fluid, but less than
200 grams, the violation shall be punished as a Class G felony.
(3) If the violation involves 200 grams or more of embalming fluid, but less than
400 grams, the violation shall be punished as a Class F felony.
(4) If the violation involves 400 grams or more of embalming fluid, the violation
shall be punished as a Class D felony.
(d) Construction. – Nothing in this section shall be construed as prohibiting possession
of embalming fluid by, or selling, delivering, or otherwise dist ributing embalming fluid to ,

Senate Bill 311 Session Law 2025-71 Page 5
funeral directors, embalmers, resident trainees, or licensed taxidermists for the purposes of
embalming."
SECTION 2.(d) G.S. 90-96.2(c3) reads as rewritten:
"(c3) Covered Offenses. – A person shall have limited immunity from prosecution under
subsections (b) and (c) of this section for only the following offenses:
…
(3a) A violation of G.S. 90-113.154 punishable as a Class I felony.
(4) A violation of G.S. 90-113.22."
SECTION 2.(e) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.

PART III. WORKPLACE VIOLENCE PREVENTION
SECTION 3.(a) Article 23 of Chapter 95 of the General Statutes reads as rewritten:
"Article 23.
"Workplace Violence Prevention.
"§ 95-260. Definitions.
The following definitions apply in this Article:
(1) Civil no-contact order. – An order granted under this Article, which includes
a remedy authorized by G.S. 95-264.
(2) Employer. – Any person or entity that employs one or more employees.
Employer also includes the State of North Carolina and its political
subdivisions.
(2a) Mass picketing. – Picketing, with or without signs, that constitutes an obstacle
to the ingress and egress to and from the premises being picketed or any other
premises, or upon the public roads, streets, highways, or other ways of travel
or conveyance, either by obstructing by their persons or by placing of vehicles
or other physical obstructions.
(2b) Obstruction. – A sustained or deliberate physical blockage that substantially
and materially prevents ingress or egress and causes demonstrable disruption
to operations or public safety.
(2c) Place of employment. – A building or conveyance of any kind, whether the
building or conveyance is temporary or permanent, mobile or immobile.
(3) Unlawful conduct. – Unlawful conduct means the commission of one or more
of the following acts upon an employer or employee, but does not include acts
of self-defense or defense of others:
a. Attempting to cause bodily injury or intentionally causing bodily
injury.
b. Willfully, and on more than one occasion, following, being in the
presence of, or otherwise haras sing, as defined in G.S. 14-277.3A,
without legal purpose and with the intent to place the employee or
employer in reasonable fear for the employee's or employer's safety.
c. Willfully threatening, orally, in writing, or by any other means, to
physically injure the employee or employer in a manner and under
circumstances that would cause a reasonable person to believe that the
threat is likely to be carried out and that actually causes the employee
or employer to believe that the threat will be carried out.
d. Hindering or preventing, by mass picketing, unlawful threats, or force,
the pursuit of any lawful work or employment.
e. Obstructing or interfering with the entrance to or egress from any place
of employment by mass picketing.

Page 6 Session Law 2025-71 Senate Bill 311
f. Obstructing or interfering with free and uninterrupted use of public
roads, streets, highways, railways, airports, or other ways of travel or
conveyance by mass picketing.
"§ 95-261. Civil no-contact orders; persons protected.
An action for a civil no -contact order may be filed as a civil action in district court by an
employer on behalf of an employee or by an employer who has suffered unlawful conduct from
any individual or individuals that can reasonably be construed to be carried out, or to have been
carried out, at the employee's workplace. place of employment. The employee or employer that
is the subject of unlawful conduct shall be consulted prior to seeking an injunction under this
Article in order to determine whether any safety concerns exist in relation to the employee's or
employer's participation in the process. Employees or employers who are targets of unlawful
conduct who are unwilling to participate in the process under this Article shall not face
disciplinary action based on their level of participation or cooperation.
"§ 95-262. Commencement of action; venue.
(a) An action for a civil no-contact order is commenced by filing a verified complaint for
a civil no -contact order in any civil district court the county where the unlawful conduct took
place or by filing a motion in any existing civil action.
(b) A complaint or motion for a civil no-contact order shall be filed in the county where
the unlawful conduct took place.
…
"§ 95-264. Civil no-contact order; remedy.
(a) Upon a finding that the employee or employer has suffered unlawful conduct
committed by the respondent, the court may issue a temporary or permanent civil no -contact
order. In determining whether or not to issue a civil no-contact order, the court shall not require
physical injury to the employee or employer or injury to the employer's property.
(b) The court may grant one or more of the following forms of relief in its orders under
this Article:
(1) Order the respondent not to visit, assault, molest, or otherwise interfere with
the employer or the employer's employee at the employer's workplace, or
otherwise interfere with the employer's operations.
(2) Order the respondent to cease stalking the employer or the employer's
employee at the employer's workplace.
(3) Order the respondent to cease harassment of the employer or the employer's
employee at the employer's workplace.
(4) Order the respondent not to abuse or injure the employer, including the
employer's property, or the employer's employee at the employer's workplace.
(5) Order the respondent not to contact by telephone, written communication, or
electronic means the employer or the employer's employee at the employer's
workplace.
(6) Order other relief deemed necessary and appropriate by the court.
(c) A civil no -contact order shall include the following notice, printed in conspicuous
type: "A knowing violation of a civil no -contact order shall be punishable as contempt of court
which may result in a fine or imprisonment."
…
"§ 95-266. Permanent civil no-contact order.
Upon a finding that the employer or employee has suffered unlawful conduct committed by
the respondent, a permanent civil no -contact order may issue if the court additionally finds that
process was properly served on the respondent, the respondent has answered the complaint and
notice of hearing was given, or the respondent is in default. No permanent civil no-contact order
shall be issued without notice to the respondent.
…

Senate Bill 311 Session Law 2025-71 Page 7
"§ 95-271. Scope of Article; other remedies available.available; severability.
(a) This Article does not expand, diminish, alter, or modify any duty of any employer to
provide a safe workplace for employees and other persons. This Article does not limit the ability
of an employer, employee, or victim to pursue any other civil or criminal remedy provided by
law. This Article does not apply in circumstances where an employee or representative of
employees is engaged in union organizing, union activity, a labor dispute, or any activity or action
protected by the National Labor Relations Act, 29 U.S.C. § 151, et seq. and further provided such
activity does not involve violence, threats, or intentional obstruction of any place of
employment's access points. Nothing in this Article is intended to change the National Labor
Relations Act's preemptive regulation of legally protected activities, nor to change the right of
the State and its courts to regulate activities not protected by the National Labor Relations Act.
(b) Nothing in this Article is intended, or shall be construed, to conflict with, restrict,
limit, or infringe upon rights protected by the North Carolina or United States Constitution.
(c) If any provision of this Article is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, in whole or in part, the decision shall not affect the validity,
enforceability, or applicability of the remaining provisions of this Article, which shall remain in
full force and effect as if the provision held invalid, void, or unenforceable had not been included.
(d) Nothing in this Article shall apply to peaceful demonstrations, informational
picketing, or labor activity protected by the National Labor Relations Act or by the North
Carolina Constitution, including the right to assemble and protest, provided such activity does
not involve violence, threats, or intentional obstruction of any place of employment 's access
points. For purposes of this subsection, "peaceful demonstration" is defined as either or both of
the following: (i) conduct which does not involve lawlessness or create a risk to property or the
safety of others; (ii) speech that is not directed to inciting or producing imminent lawless action
and is not likely to incite or produce such action."
SECTION 3.(b) This section is effective when it becomes law and applies to acts or
omissions occurring on or after that date.

PART IV. UNLAWFUL BUSINESS ENTRY & GIFT CARD THEFT
SECTION 4.(a) G.S. 14-54 is amended by adding a new subsection to read:
"(b1) Offense Involving Unlawful Business Entry. – Any person who , with the intent to
commit an unlawful act, enters any area of a building (i) that is commonly reserved for personnel
of a commercial business where money or other property is kept or (ii) clearly marked with a
sign that indicates to the public that entry is forbidden is guilty of a Class 1 misdemeanor for a
first offense and a Class I felony for a second or subsequent offense."
SECTION 4.(b) Article 16 of Chapter 14 of the General Statutes is amended by
adding a new section to read:
"§ 14-72.12. Larceny of gift cards.
(a) Definitions. – For purposes of this section, the terms "gift card," "gift card issuer, "
"gift card redemption information," and "gift card value" are as defined in G.S. 14-86.5.
(b) Offense. – A person commits the offense of larceny of gift cards if the person does
any of the following:
(1) Acquires or retains possession of a gift card or gift card red emption
information without the consent of the cardholder or card issuer.
(2) Obtains a gift card or gift card redemption information from a cardholder or
card issuer by means of false or fraudulent pretenses, representations, or
promises.
(3) Alters or tampers with a gift card or its packaging with intent to defraud
another.
(c) Punishment. – A violation of this section is a Class 1 misdemeanor if the value of the
gift card acquired, retained, or for which the gift card redemption information is obtained, or is

Page 8 Session Law 2025-71 Senate Bill 311
altered or tampered with, is not more than one thousand dollars ($1,000). Any other violation of
this section is a Class H felony."
SECTION 4.(c) G.S. 14-86.5 reads as rewritten:
"§ 14-86.5. Definitions.
The following definitions apply in this Article:
(1) "Retail property." – Any article, product, commodity, item, or component
intended to be sold in retail commerce. Gift card. – A record evidencing a
promise, made for monetary consideration, by a seller or issuer that goods or
services will be provided to the owner of the record to the value shown in the
record. A gift card includes a record that contains a microprocessor chip,
magnetic strip, or other storage medium that is prefunded and for which the
value is adjusted upon each use, a gift certif icate, a stored -value card or
certificate, a store card, or a prepaid long -distance telephone service that is
activated by a prepaid card that required dialing an access number or an access
code in addition to dialing the phone number to which the user of the prepaid
card seeks to connect.
(2) Repealed by Session Laws 2024-22, s. 2(a), effective December 1, 2024, and
applicable to offenses committed on or after that date.
(3) "Theft." – To take possession of, carry away, transfer, or cause to be carried
away the retail property of another with the intent to steal the retail
property.Gift card issuer. – Any person or entity that sells, distributes , or
supplies a gift card.
(4) "Value." – The retail value of an item as advertised by the affected retail
establishment, to include all applicable taxes. Gift card redempti on
information. – Any information unique to a gift card that allows the cardholder
to access, transfer, or spend the funds on that gift card.
(5) Gift card value. – The maximum monetary value tha t can be applied to the
card.
(6) Retail property. – Any article, product, commodity, item, or component
intended to be sold in retail commerce.
(7) Theft. – To take possession of, carry away, transfer, or cause to be carried
away the retail property of another with the intent to steal the retail property.
(8) Value. – The retail value of an item as advertised by the affected retail
establishment, to include all applicable taxes."
SECTION 4.(d) G.S. 14-86.6 reads as rewritten:
"§ 14-86.6. Organized retail theft.
(a) Offense. – A person commits the offense of organized retail theft if the person does
any of the following:
(1) Conspires with another person to commit theft of retail property from retail
establishments with the intent to sell, transfer, or p ossess that retail property
for monetary or other gain.
(2) Receives or possesses any retail property that has been taken or stolen in
violation of subdivision (1) of this subsection while knowing or having
reasonable grounds to believe the property is stolen.
(3) Conspires with two or more other persons as an organizer, supervisor,
financier, leader, or manager to engage for profit in a scheme or course of
conduct to effectuate or intend to effectuate the transfer or sale of property
stolen from a merchant in violation of this section.
(4) Conspires with another person to acquire or retain possession of a gift card or
gift card redemption information without the consent of the cardholder or card
issuer.

Senate Bill 311 Session Law 2025-71 Page 9
(5) Devises a scheme with one or more persons to obtai n a gift card or gift card
redemption information from a cardholder or card issuer by means of false or
fraudulent pretenses, representations, or promises.
(6) Conspires with another person to alter or tamper with a gift card or its
packaging with intent to defraud another.
…
(a2) Punishments. – The following classifications apply to the offense of organized retail
theft:
(1) An offense when the gift card value or the retail property has a value
exceeding one thousand five hundred dollars ($1,500) aggregate d over a
90-day period is a Class H felony.
(2) An offense when the gift card value or the retail property has a value
exceeding twenty thousand dollars ($20,000) aggregated over a 90-day period
is a Class G felony.
(3) An offense when the gift card value or the retail property has a value
exceeding fifty thousand dollars ($50,000) aggregated over a 90-day period is
a Class F felony.
(4) An offense when the gift card value or the retail property has a value
exceeding one hundred thousand dollars ($100,000) aggregated over a 90-day
period is a Class C felony.
…
(c) Multiple Thefts. – Thefts of gift cards, gift card redemption information, or retail
property occurring in more than one county may be aggregated into an alleged violation of this
section. Each cou nty where a part of the charged offense occurs has concurrent venue as
described in G.S. 15A-132."
SECTION 4.(e) G.S. 1-538.2 reads as rewritten:
"§ 1-538.2. Civil liability for larceny, shoplifting, theft by employee, organized retail theft,
embezzlement, obtaining property by false pretense, and other offenses.
(a) Any person, other than an unemancipated minor, who commits an act that is
punishable under G.S. 14-72, 14-72.1, 14-72.11, 14-72.12, 14-74, 14-86.6, 14-86.7, 14-90, or
14-100 is lia ble for civil damages to the owner of the property. In any action brought by the
owner of the property, the owner is entitled to recover the value of the goods or merchandise, if
the goods or merchandise have been destroyed, or any loss of value to the goods or merchandise,
if the goods or merchandise were recovered, or the amount of any money lost by reason of the
theft or embezzlement or fraud of an employee. The owner of the property is also entitled to
recover for loss to real or personal property cause d in the commission of the act. In addition to
the above, the owner of the property is entitled to recover any consequential damages, and
punitive damages, together with reasonable attorneys' fees. The total consequential damages
awarded to a plaintiff aga inst a defendant under this section shall not be less than one hundred
fifty dollars ($150.00) and shall not exceed three thousand dollars ($3,000) except an act
punishable under G.S. 14-74, 14-86.6, 14-86.7, or 14-90 shall have no maximum limit under this
section.
(b) The parent or legal guardian, having the care, custody and control of an
unemancipated minor who commits an act punishable under G.S. 14-72, 14 -72.1, 14 -72.11,
14-72.12, 14-74, 14-86.6, 14-86.7, 14-90, or 14-100, is civilly liable to the owner of the property
obtained by the act if such parent or legal guardian knew or should have known of the propensity
of the child to commit such an act; and had the opportunity and ability to control the child, and
made no reasonable effort to correct or restrain the child. In an action brought against the parent
or legal guardian by the owner, the owner is entitled to recover the amounts specified in
subsection (a) except punitive damages. The total consequential damages awarded to a plaintiff

Page 10 Session Law 2025-71 Senate Bill 311
against the parent or legal guardian shall not be less than one hundred fifty dollars ($150.00) and
shall not exceed three thousand dollars ($3,000).
…."
SECTION 4.(f) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.

PART V. ESTABLISH OFFENSE FOR POSSESSION OF EXPLOSIVES
SECTION 5.(a) G.S. 14-49 reads as rewritten:
"§ 14-49. Malicious use of explosive or incendiary; punishment.
(a) Any person who willfully and maliciously injures another by the use of any explosive
or incendiary device or material is guilty of a Class D felony.
(b) Any person who willfully and maliciously damages any real or personal property o f
any kind or nature belonging to another by the use of any explosive or incendiary device or
material is guilty of a Class G felony.
(b1) Any person who willfully and maliciously damages, aids, counsels, or procures the
damaging of any church, chapel, synagogue, mosque, masjid, or other building of worship by the
use of any explosive or incendiary device or material is guilty of a Class E felony.
(b2) Any person who willfully and maliciously damages, aids, counsels, or procures the
damaging of the State Ca pitol, the Legislative Building, the Justice Building, or any building
owned or occupied by the State or any of its agencies, institutions, or subdivisions or by any
county, incorporated city or town, or other governmental entity by the use of any explosiv e or
incendiary device or material is guilty of a Class E felony.
(c) Repealed by Session Laws 1993, c. 539, s. 1149, effective October 1, 1994.
(d) Any person who possesses any explos ive or incendiary device or material with the
intent to violate this section is guilty of a Class H felony."
SECTION 5.(b) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.

PART VI. INCREASE TH E PENALTIES FOR RECK LESS DRIVING THAT CA USES
SERIOUS INJURY
SECTION 6.(a) G.S. 20-140 reads as rewritten:
"§ 20-140. Reckless driving.
…
(g) Any person who violates this section is guilty of a Class 1 misdemeanor if the reckless
driving causes serious injury.
(h) Any person who violates this section is guilty of a Class A1 misdemeanor if the
reckless driving causes serious bodily injury as defined in G.S. 14-32.4."
SECTION 6.(b) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.

PART VII. INCREASE T HE PENALTIES FOR UNLAWFUL RACING OR H IT AND
RUN OFFENSES THAT RESULT IN INJURY OR DEATH
SECTION 7.(a) G.S. 20-17(a)(4) is repealed.
SECTION 7.(b) G.S. 20-141.3 reads as rewritten:
"§ 20-141.3. Unlawful racing on streets and highways.
…
(c) It shall be unlawful for any person to authorize or knowingly permit a motor vehicle
owned by him the person or under his the person's control to be operated on a public street,
highway, or thoroughfare in prearranged speed competition with another motor vehicle, or to
place or receive any bet, wager, or other thing of value from the outcome of any prearranged

Senate Bill 311 Session Law 2025-71 Page 11
speed competition on any public street, highway, or thoroughfare. vehicle. Any person violating
the provisions of this subsection shall be is guilty of a Class 1 misdemeanor.
(c1) It shall be unlawful for any person to place or receive any bet, wager, or other thing
of value from the outcome of any prearranged speed competition on any public street, highway,
or thoroughfare. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
(c2) Any person who violates subsection (a), (b), or (c) of this section is guilty of a Class
H felony if the speed competition causes serious injury.
(c3) Any person who violates subsection (a), (b), or (c) of this section is guilty of a Class
G felony if the speed competition causes serious bodily injury or death.
(d) The Commissioner of Motor Vehicles shall revoke the driver's license or privilege to
drive of every person convicted of violating the provisions of subsection (a) or subsection (c) of
this section, said revocation to be for three years; provided any person whose license has been
revoked under this section may apply for a new license after 18 months from revocation. Upon
filing of such application the Division may issue a new license upon satisfactory proof that the
former licensee has been of good behavior for the past 18 months and that his conduct and attitude
are such as to entitle him to favorable consideration and upon such terms and conditions which
the Division may see fit to impose for the balance of the three -year revocation period, which
period shall be computed from the date of the original revocation.section as follows:
(1) If the violation is punishable under subsection ( c2) of this section, for four
years. Any person whose license has been revoked under this subdivision may
apply for a new license after three years from revocation.
(2) If the violation is punishable under subsection (c3) of this section ,
permanently. Any person whose license has been revoked under this
subdivision may apply for a new license after seven years from revocation.
(3) For any other violation , three years. Any person whose license has been
revoked under this subdivision may apply for a new license after 18 months
from revocation.
(d1) Upon filing of an application for a new license pursuant to subsection (d) of this
section, the Division may issue a new license upon satisfactory proof that the former licensee has
been of good behavior during the revocation period and that the applicant's conduct and attitude
entitle the applicant to favorable consideration. The Division may impose terms and conditions
upon the new license for the balance of the revocation period. When the revocation period is
permanent, the restrictions and conditions imposed by the Division may not exceed three years.
…
(g) The following provisions apply to this section:
…
(3) Upon conviction of the operator of said motor vehicle of a violation of
subsection (a) of this section or in violation of G.S. 20-141.10, the court shall
order a sale at public auction of said motor vehicle and the officer making the
sale, after deducting the expenses of keeping the motor vehicle, the fee for the
seizure, and the costs of the sale, shall pay all liens, according to their
priorities, which are established, by intervention or otherwise, at said hearing
or in other proceeding brought for said purpose, as being bona fide, and shall
pay the balance of the proceeds to the proper officer of the county who
receives fines and forfeitures to be used for the school fund of the county. All
liens against a motor vehicle sold under the provisions of this section shall be
transferred from the motor vehicle to the proceeds of its sale. If, at the time of
hearing, or other proceeding in which the matter is considered, the owner of
the vehicle can establish to the satisfaction of the court that said motor vehicle
was used in a prearranged speed competition with another motor vehicle on a
street or highway or in a street takeover without the knowledge or consent of

Page 12 Session Law 2025-71 Senate Bill 311
the owner, and that the owner had no reasonable grounds to believe that the
motor vehicle would be used for such purpose, the court shall not order a sale
of the vehicle but shall restore it to the owner, and the said owner shall, at his
upon request, be entitled to a trial by jury upon such issues.
…."
SECTION 7.(c) G.S. 20-166 reads as rewritten:
"§ 20-166. Duty to stop in event of a crash; furnishing information or assistance to injured
person, etc.; persons assisting exempt from civil liability.
(a) The driver of any vehicle who knows or reasonably should know:
(1) That the vehicle which he or she is operating is involved in a crash; and
(2) That the crash has resulted in serious bodily injury, as defined in G.S. 14-32.4,
or death to any person;
shall immediately stop his or her the driver's vehicle at the scene of the crash. The driver shall
remain with the vehicle at the scene of the crash until a law -enforcement officer completes the
investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless
remaining at the scene places the driver or others at significant risk of injury.
Prior to the completion of the investigation of the crash by a law enforcement officer, or the
consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the
vehicle from the scene for any purpose other than to call for a law enforcement officer, to call
for medical assistance or medical treatment as set forth in subsection (b) of this section, or to
remove oneself or others from significant risk of injury. If the driver does leave for a reason
permitted by this subsection, then the driver must return with the vehicle to the accident scene
within a reasonable period of time, unless otherwise instructed by a law enforcement officer. A
willful violation of this subsection shall be punished as a Class F felon y. Notwithstanding the
provisions of G.S. 15A-1340.17, if the crash results in the death of another person, the court shall
sentence the defendant in the aggravated range of the appropriate prior record level.
(a1) The driver of any vehicle who knows or reasonably should know:
(1) That the vehicle which he or she is operating is involved in a crash; and
(2) That the crash has resulted in injury;
shall immediately stop his or her the driver's vehicle at the scene of the crash. The driver shall
remain with the vehicle at the scene of the crash until a law enforcement officer completes the
investigation of the crash or authorizes the driver to leave and the vehicle to be removed, unless
remaining at the scene places the driver or others at significant risk of injury.
Prior to the completion of the investigation of the crash by a law enforcement officer, or the
consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the
vehicle from the scene for any purpose other than to call for a law enforcement officer, to call
for medical assistance or medical treatment as set forth in subsection (b) of this section, or to
remove oneself or others from significant risk of injury. If the driver does leave for a reason
permitted by this subsection, then the driver must return with the vehicle to the crash scene within
a reasonable period of time, unless otherwise instructed by a law enforcement officer. A willful
violation of this subsection shall be punished as a Class H felony.
(b) In addition to complying with the requirements of subsections (a) and (a1) of this
section, the driver as set forth in subsections (a) and (a1) Any driver required to stop at the scene
of a crash pursuant to subsection (a) or (a1) of this section shall give his or her additionally
provide the following information to the person struck and the driver or occupants of any vehicle
collided with , unless those indivi duals are physically or mentally incapable of receiving
information: (i) the driver 's name, address, driver's license number and (ii) the license plate
number of the vehicle to the person struck or the driver or occupants of any vehicle collided with,
provided that the person or persons are physically and mentally capable of receiving such
information, and shall driver's vehicle. The driver shall also render reasonable assistance to any
person injured in such crash reasonable assistance, including the injured person. Reasonable

Senate Bill 311 Session Law 2025-71 Page 13
assistance includes calling for medical assistance if it is apparent that such assistance is necessary
or is requested by the injured person. A violation of this subsection is a Class 1 misdemeanor.
(c) The driver of any vehicle, when the driver knows or reasonably should know that the
vehicle which the driver is operating is involved in a crash which results:
(1) Only in damage to property; or
(2) In injury or death to any person, but only if the operator of the vehicle did not
know and did not have reason to know of the death or injury;
shall immediately stop the vehicle at the scene of the crash. If the crash is a reportable crash, the
driver shall remain with the vehicle at the scene of the crash until a law enforcement officer
completes the investigation of the crash or authorizes the driver to leave and the veh icle to be
removed, unless remaining at the scene places the driver or others at significant risk of injury.
Prior to the completion of the investigation of the crash by a law enforcement officer, or the
consent of the officer to leave, the driver may not facilitate, allow, or agree to the removal of the
vehicle from the scene, for any purpose other than to call for a law enforcement officer, to call
for medical assistance or medical treatment, or to remove oneself or others from significant risk
of injury. If the driver does leave for a reason permitted by this subsection, then the driver must
return with the vehicle to the accident scene within a reasonable period of time, unless otherwise
instructed by a law enforcement officer. A willful violation of thi s subsection is a Class 1
misdemeanor.
(c1) In addition to complying with the requirement of subsection (c) of this section, the
driver as set forth in subsection (c) Any driver required to stop at the scene of a crash pursuant
to subsection ( c) of this section shall give his or her additionally provide the following
information to the driver or occupants of any other vehicle involved in the crash or to any person
whose property is damaged in the crash : (i) the driver's name, address, driver's lic ense number
and (ii) the license plate number of his vehicle to the driver or occupants of any other vehicle
involved in the crash or to any person whose property is damaged in the crash. the driver 's
vehicle. If the damaged property is a parked and unattended vehicle and the name and location
of the owner is not known to or readily ascertainable by the driver of the responsible vehicle, the
driver shall furnish the information required by this subsection to the nearest available peace
officer, or, in the alternative, and provided the driver thereafter within 48 hours fully complies
with G.S. 20-166.1(c), shall immediately place a paper -writing containing the information in a
conspicuous place upon or in the damaged vehicle. If the damaged property is a guardrail, utility
pole, or other fixed object owned by the Department of Transportation, a public utility, or other
public service corporation to which report cannot readily be made at the scene, it shall be
sufficient if the responsible driver shall fu rnish the information required to the nearest peace
officer or make written report thereof containing the information by U.S. certified mail, return
receipt requested, to the North Carolina Division of Motor Vehicles within five days following
the collision. A violation of this subsection is a Class 1 misdemeanor.
…
(e) The Division of Motor Vehicles shall revoke shall:
(1) Revoke the drivers license of a person convicted of violating subsection (a) of
this section for a period of four years unless the crash results in the death of
another person. Any person whose license has been revoked under this
subdivision may apply for a new license after three years from revocation.
(2) Revoke the drivers license of a person convicted of violating subsection (a) of
this section p ermanently if the crash results in the death of another person.
Any person whose license has been revoked under this subdivision may apply
for a new license after seven years from revocation.
(3) Revoke the drivers license of a person convicted of violating subsection (a) or
(a1) or (b) of this section for a period of one year, unless the court makes a
finding that a longer period of revocation is appropriate under the

Page 14 Session Law 2025-71 Senate Bill 311
circumstances of the case. If the court makes this finding, the Division o f
Motor Vehicles shall revoke that person's drivers license for two years. Upon
a first conviction only for a violation of subsection (a1) or (b) of this section,
a trial judge may allow limited driving privileges in the manner set forth in
G.S. 20-179.3(b)(2) during any period of time during which the drivers license
is revoked. Any person whose license has been revoked under this subdivision
may apply for a new license after a year from revocation.
(e1) Upon filing of an application for a new license pursuant to subsection ( e) of this
section, the Division may issue a new license upon satisfactory proof that the former licensee has
been of good behavior during the revocation period and that the applicant's conduct and attitude
entitle the applicant to favorable consideration. The Division may impose terms and conditions
upon the new license for the balance of the revocation period. When the revocation period is
permanent, the restrictions and conditions imposed by the Division may not exceed three years."
SECTION 7.(d) G.S. 20-179.3(b)(2) reads as rewritten:
"(2) Any person whose licensing privileges are forfeited pursuant to
G.S. 15A-1331.1 G.S. 15A-1331.1, 20-166(a1), or 20-166(b) is eligible for a
limited driving privilege if the court finds that at the time of the forfeiture, the
person held either a valid drivers license or a drivers license that had been
expired for less than one year and either of the following requirements is met:
…."
SECTION 7.(e) This section becomes effective December 1, 2025 , and applies to
offenses committed on or after that date.

PART VIII. GUN VIOLENCE PREVENTION
SECTION 8.(a) G.S. 14-415.1 reads as rewritten:
"§ 14-415.1. Possession of firearms, etc., by felon prohibited.
(a) It shall be is unlawful for any person who has been convicted of a felony to purchase,
own, possess, or have in his the person's custody, care, or control any firearm or any weapon of
mass death and destruction as defined in G.S. 14-288.8(c). For the purposes of this sec tion, a
firearm is (i) any weapon, including a starter gun, which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive, or its frame or receiver, or (ii) any
firearm muffler or firearm silencer. This section does not apply to an antique firearm, as defined
in G.S. 14-409.11.
Every person violating the provisions of this section shall be punished as subsection is guilty
of a Class G felon.felony.
(a1) A person who violates subsection (a) of this section during the commission or
attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the
General Statutes is guilty of a Class F felony.
(a2) A person who violates subsection (a) of this section and brandishes a firearm or a
weapon of mass death and destruction during the commission or attempted commission of a
felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a
Class D felony . For the purposes of this subsection, to brandish is to display all or part of the
firearm or weapon of mass death and destruction or otherwise make the presence of the firearm
or weapon of mass death and destruction known to another person.
(a3) A person who violates subsection (a) of this section and discharges a firearm or a
weapon of mass death and destruction during the commission or attempted commission of a
felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a
Class C felony.
(b) Prior convictions which cause disentitlement under this section shall only include:
(1) Felony convictions in North Carolina that occur before, on, or after December
1, 1995; and

Senate Bill 311 Session Law 2025-71 Page 15
(2) Repealed by Session Laws 1995, c. 487, s. 3, effective December 1, 1995.
(3) Violations of criminal laws of other states or of the United States that occur
before, on, or after December 1, 1995, and that are substantially similar to the
crimes covered in subdivision (1) which are punishable where committed by
imprisonment for a term exceeding one year.
When a person is charged under this section, records of prior convictions of any offense, whether
in the courts of this State, or in the courts of any other state or of the United States, shall be
admissible in evidence for the purpose of proving a vi olation of this section. The term
"conviction" is defined as a final judgment in any case in which felony punishment, or
imprisonment for a term exceeding one year, as the case may be, is authorized, without regard to
the plea entered or to the sentence im posed. A judgment of a conviction of the defendant or a
plea of guilty by the defendant to such an offense certified to a superior court of this State from
the custodian of records of any state or federal court shall be prima facie evidence of the facts so
certified.
(c) The indictment charging the defendant under the terms of this section shall be separate
from any indictment charging him with other offenses related to or giving rise to a charge under
this section. An indictment which charges the person with violation of this section must set forth
the date that the prior offense was committed, the type of offense and the penalty therefor, and
the date that the defendant was convicted or plead guilty to such offense, the identity of the court
in which the c onviction or plea of guilty took place and the verdict and judgment rendered
therein.
(d) This section does not apply to a person who, pursuant to the law of the jurisdiction in
which the conviction occurred, has been pardoned or has had his or her firearm s rights restored
if such restoration of rights could also be granted under North Carolina law.
(e) This section does not apply and there is no disentitlement under this section if the
felony conviction is a violation under the laws of North Carolina, anot her state, or the United
States that pertains to antitrust violations, unfair trade practices, or restraints of trade."
SECTION 8.(b) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.

PART IX. LARCENY OF MAIL
SECTION 9.(a) G.S. 14-72 is amended by adding a new subsection to read:
"(c1) Notwithstanding the provision of subsection (a) of this section, where the larceny or
receiving or possession of stolen goods is of mail, the person shall be sentenced at one class level
higher than the principal offense for which the person was convicted. F or the purposes of this
section, the term "mail" means a letter, package, bag, or other item of value sent or delivered to
another by any method of delivery, including through a common carrier, commercial delivery
service, or private delivery."
SECTION 9.(b) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.

PART X. BURGLARY/B&E SENTENCE ENHANCEMENT
SECTION 10.(a) G.S. 14-51 reads as rewritten:
"§ 14-51. First and second degree burglary.
There shall be two degrees in the crime of burglary as defined at the common law. If the
crime be committed in a dwelling house, or in a room used as a sleeping apartmen t in any
building, and any person is in the actual occupation of any part of said dwelling house or sleeping
apartment at the time of the commission of such crime, it shall be burglary in the first degree. If
such crime be committed in a dwelling house or sleeping apartment not actually occupied by
anyone at the time of the commission of the crime, or if it be committed in any house within the
curtilage of a dwelling house or in any building not a dwelling house, but in which is a room used

Page 16 Session Law 2025-71 Senate Bill 311
as a sleeping apartment and not actually occupied as such at the time of the commission of the
crime, it shall be burglary in the second degree.
For the purposes of defining the crime of burglary, larceny shall be deemed a felony without
regard to the value of the property in question.
(a) Burglary in the First Degree. – Any person who shall break and enter the dwelling
house or room used as a sleeping apartment of another with the intent to commit any felony or
larceny therein and any person is in the actual occupation of any part of said dwelling house or
sleeping apartment at the time of the commission of such crime, it shall be burglary in the first
degree.
(b) Burglary in the Second Degree. – Any person who shall break and enter the dwelling
house or room used as a sle eping apartment of another with the intent to commit any felony or
larceny therein and the property was not actually occupied at the time of the commission of the
crime, it shall be burglary in the second degree."
SECTION 10.(b) G.S. 14-52 reads as rewritten:
"§ 14-52. Punishment for burglary.
(a) Punishment. – Burglary in the first degree shall be punishable as a Class D felony,
and burglary in the second degree shall be punishable as a Class G felony.
(b) Enhancement. – If a person possessed a fir earm about his or her person during the
commission of a n offense under G.S. 14-51, in addition to any other sentence enhancement
required by law, the person shall be sentenced at a felony class level one class higher than the
principal felony for which the person was convicted. An indictment or information for the felony
shall allege in that indictment or information the facts that qualify the offense for an enhancement
under this subsection. One pleading is sufficient for all felonies that are tried at a single trial."
SECTION 10.(c) G.S. 14-53 reads as rewritten:
"§ 14-53. Breaking out of dwelling house burglary.
(a) Offense and Punishment. – If any person shall enter the dwelling house of another
with intent to commit any felony or larceny therein, or being in such dwelling house, shall commit
any felony or larceny therein, and shall, in either case, break out of such dwelling house in the
nighttime, house, such person shall be punished as a Class D felon.
(b) Enhancement. – If a person possessed a firearm about his or her person during the
commission of an offense under subsection (a) of this section, in addition to any other sentence
enhancement required by law, the person shall be sentenced at a felony class level one class
higher than the principal felony for which the person was convicted. An indictment or
information for the felony shall allege in that indictment or information the facts that qualify the
offense for an enhancement under this subsection. One pleading is sufficient for all felonies that
are tried at a single trial."
SECTION 10.(d) G.S. 14-54 reads as rewritten:
"§ 14-54. Breaking or entering buildings generally.
(a) Offense with Intent to Commit Felony or Larceny; Punishment. – Any person who
breaks or enters any building with intent to commit any felony or larceny therein shall be
punished as a Class H felon.
(a1) Offense with Intent to Terrorize or Injure; Punishment. – Any person who breaks or
enters any building with intent to terrorize or injure an occupant of the building is guilty of a
Class H felony.
(b) Offense Generally; Punishment. – Any person who wrongfully breaks or enters any
building is guilty of a Class 1 misdemeanor.
(b2) Enhancement. – If a person possessed a firearm about his or her person during the
commission of an offense under this section, in addition to any other sentence enhancement
required by law, the person shall be sentenced at a class level one class higher than the principal
offense for which the person was convicted. An indictment or information for the offense shall

Senate Bill 311 Session Law 2025-71 Page 17
allege in that indictment or information the facts that qualify the offense for an enhancement
under this subsection. One pleading is sufficient for all offenses that are tried at a single trial.
(c) Definition. – As used in this section, "building" shall be construed to include any
dwelling, dwelling house, uninhabited house, building under construction, building within the
curtilage of a dwelling house, and any other structure designed to house or secure within it any
activity or property."
SECTION 10.(e) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.

PART XI. PRETRIAL USE OF IGNITION INTERLOCK MITIGATING FACTOR
SECTION 11.(a) G.S. 20-179(e) reads as rewritten:
"(e) Mitigating Factors to Be Weighed. – The judge shall also determine before sentencing
under subsection (f) of this section whether any of the mitigating factors listed below apply to
the defendant. The judge shall weigh the degree of mitigation of each factor in light of the
particular circumstances of the case. The factors are:
…
(6a) Completion of a substance abuse assessment, compliance with its
recommendations, and simultaneously maintaining 60 days of continuous
abstinence from alcohol consumption, as proven by a continuous alcohol
monitoring system. The continuous alcohol monitoring system shall be of a
type approved by the Division of Community Supervision and Reentry of the
Department of Adult Correction.
(6b) Prior to trial, the defendant voluntarily equipped a designated motor vehicle
with a functioning ignition interlock system of a type approved by the
Commissioner, operated only t he designated vehicle with the ignition
interlock system for a minimum of six months , and produced evidence
satisfactory to the judge that the defendant did not start the vehicle with an
alcohol concentration greater than 0.02 or commit any other acts that would
be considered violations of the interlock policies established by the Division
for use of an ignition interlock system or a violation of G.S. 20-17.8A. The
factor set forth in this subdivision only applies to a defendant who meets all
of the following requirements:
a. The defendant was charged with an offense under G.S. 20-138.1.
b. The vehicle being operated by the defendant was not involved at the
time of the offense in a crash resulting in the serious injury or death of
a person.
c. At the time of the offense , the defendant held either a valid driver 's
license or a license that had been expired for less than one year.
d. At the time of the offense, t he defendant did not have an additional
unresolved pending charge involving impaired driving, or an
additional conviction of an offense involving impaired driving within
the five years preceding the date of the offense.
e. At the time of the offense the person did not have an alcohol
concentration of 0.15 or more.
f. The defendant equipped the designated motor vehicle with an ignition
interlock system no later than 45 days after being charged with the
offense.
g. The defendant only operated the designated motor vehicle with a
limited driving privilege that is valid in this State or during a time
when the defendant's driver's license was not revoked or suspended.
(7) Any other factor that mitigates the seriousness of the offense.

Page 18 Session Law 2025-71 Senate Bill 311
Except for the factors in subdivisions (4), (6), (6a), (6b), and (7) of this subsection, the conduct
constituting the mitigating factor shall occur during the same transaction or occurrence as the
impaired driving offense."
SECTION 11.(b) G.S. 20-179.5 reads as rewritten:
"§ 20-179.5. Affordability of ignition interlock system.
(a) Payment of Costs. – The costs incurred in order to comply with the ignition interlock
requirements imposed by the court or the Division pursuant to this Chapter, including cost s for
installation and monitoring of the ignition interlock system, shall be paid by the person ordered
to install the system. The costs incurred from voluntarily installing an ignition interlock system,
including costs for monitoring the ignition interloc k system, shall be paid by the person
voluntarily installing the system. Costs for installation and monitoring of the ignition interlock
system shall be collected under terms agreed upon by the ignition interlock system vendor and
the person required to install install, or voluntarily installing, the ignition interlock system.
(b) Waiver. – A person who is ordered by a court, or required by statute, to install an
ignition interlock system in order to lawfully operate a motor vehicle, but who is unable to afford
the cost of an ignition interlock system, may apply to an authorized vendor for a waiver of a
portion of the costs of an ignition interlock system. Additionally, a person meeting the
requirements set forth in sub-subdivisions a. through f. of subdiv ision (6b) of subsection (e) of
G.S. 20-179 who is unable to afford the cost of an ignition interlock system may apply to an
authorized vendor for a waiver of a portion of the costs of an ignition interlock system.
…."
SECTION 11.(c) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.
SECTION 11.5.(a) Article 7 of Chapter 20 of the General Statutes is amended by
adding a new section to read:
"§ 20-219.3A. Commercial booting.
A commercial motor vehicle shall not be immobilized using a device such as a boot or any
other device for the purposes of parking enforcement . Using an immobilization device on a
commercial vehicle in violation of this section is a Class 2 misdemeanor."
SECTION 11.5.(b) Article 7A of Chapter 20 of the General Statutes is amended by
adding a new section to read:
"§ 20-219.15. Return of commercial cargo.
Notwithstanding G.S. 20-219.10(a) to the contrary, a tower of a nonconsensual tow or tow
pursuant to the direction of a law enforcement officer shall promptly return any commercial cargo
towed by the tower to the owner of the commercial cargo, or to a designee of the owner , upon
request. In the case of a trailer containing commercial cargo, the tower shall allow the trailer
containing the commercial cargo to be exchanged with a trailer of similar type that is in working
condition and was manufac tured within five years of the manufacturing date of the original
trailer, or newer, as arranged by the commercial cargo owner."
SECTION 11.5.(c) Subsection (a) of this section becomes effective December 1,
2025, and applies to offenses committed on or after that date. The remainder of this section is
effective when it becomes law.

PART XII. MODIFY MISDEMEANOR EXPUNCTION
SECTION 12.(a) G.S. 15A-145.5(c)(1)a. reads as rewritten:
"a. For expunction of one nonviolent misdemeanor, five three years after
the date of the conviction or when any active sentence, period of
probation, or post -release supervision has been served, whichever
occurs later."
SECTION 12.(b) This section is effective when it becomes law and applies to
petitions filed on or after that date.

Senate Bill 311 Session Law 2025-71 Page 19

PART XIII. SAVINGS CLAUSE AND EFFECTIVE DATE
SECTION 13.(a) Prosecutions for offenses committed before the effective date of
this act are not abated or affected by this act, and the statutes that would be applicable but for
this act remain applicable to those prosecutions.
SECTION 13.(b) Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 30th day of June, 2025.

s/ Phil Berger
President Pro Tempore of the Senate

s/ Donna McDowell White
Presiding Officer of the House of Representatives

s/ Josh Stein
Governor

Approved 9:30 a.m. this 9th day of July, 2025