Hate Crimes Prevention Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 358

Short Title: Hate Crimes Prevention Act. (Public)
Sponsors: Senators Chaudhuri, Mohammed, and Chitlik (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 24, 2025
*S358-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO INCREASE T HE SCOPE AND PUNISHM ENT OF HATE CRIMES; TO 2
REQUIRE THE STATE BUREAU OF INVESTIGATION TO CREATE AND MAINTAIN 3
A HATE CRIMES STATISTICS DATABASE; TO REQUIRE THE NORTH CAROLINA 4
JUSTICE ACADEMY TO D EVELOP AND PROVIDE LAW ENFORCEMENT 5
OFFICERS WITH TRAINI NG ON IDENTIFYING, R ESPONDING TO, AND 6
REPORTING HATE CRIMES; AND TO REQUIRE TH E CONFERENCE OF DISTRICT 7
ATTORNEYS OF NORTH CAROLINA TO DEVELOP AND PROVIDE TRAINING TO 8
PROSECUTORS ON HOW TO PROSECUTE HATE CRIMES. 9
The General Assembly of North Carolina enacts: 10
11
PART I. TITLE OF ACT 12
SECTION 1. This act shall be known as "The Hate Crimes Prevention Act." 13
14
PART II. INCREASE SCOPE AND PUNISHMENT OF HATE CRIMES 15
SECTION 2.(a) G.S. 14-3 reads as rewritten: 16
"§ 14-3. Punishment of misdemeanors, infamous offenses, offenses committed in secrecy 17
and malice, or with deceit and intent to defraud, or with ethnic animosity. as a 18
hate crime. 19
… 20
(c) If any Class 2 or Class 3 misdemeanor is committed committed, in whole or in part, 21
because of the victim's actual or perceived race, ethnicity, color, religion, nationality, or country 22
of origin, origin, gender, gender identity, gender expression, disability, or sexual orientation of 23
the victim or a person or group associated with the victim, the offender shall be guilty of a Class 24
1 misdemeanor. If any Class A1 or Class 1 misdemeanor offense is committed because of the 25
victim's actual or perceived race, ethnicity, color, religion, nationality, or country of origin, 26
origin, gender, gender identity, gender expression, disability, or sexual orientation of the victim 27
or a person or group associated with the victim, the offender shall be guilty of a Class H felony. 28
(d) In addition to any other remedies at law or in equity, a person who is injured or whose 29
property is damaged as a result of conduct described under subsection (c) of this section, or an 30
immediate family member of that person, may bring a civil action in any court of competent 31
jurisdiction to obtain appropriate relief , including actual damages, punitive damages, any 32
reasonable attorneys' fees, and any other litigation costs reasonably incurred. In an action brought 33
pursuant to this subse ction, the burden of proof shall be the same as in other civil actions for 34
similar relief. For purposes of this subsection, the term (i) "actual damages" includes damages 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 358-First Edition
for emotional distress and (ii) "immediate family member " means a child, sibling, par ent, 1
grandparent, or legal guardian of the victim. 2
(e) In addition to any other remedies at law or in equity, a person who has been convicted 3
of or who has pleaded guilty or no contest to having engaged in conduct in violation of subsection 4
(c) of this section may be ordered to participate in a restorative justice session with the victim of 5
the offense if the victim requests a restorative justice session. If restorative justice under this 6
subsection is ordered, the court shall select a member of a local Human Relations Commission, 7
an attorney, a mediator, or an alternative dispute resolution professional who has training in racial 8
equity education to conduct the restorative justice session. All costs of a restorative justice 9
session ordered under this subsection shall be paid by the defendant." 10
SECTION 2.(b) G.S. 14-401.14 reads as rewritten: 11
"§ 14 -401.14. Ethnic intimidation; teaching any technique to be used for ethnic 12
intimidation.Intimidation by hate crime; teaching any technique to be used in 13
the commission of a hate crime. 14
(a) If a person shall, because of the actual or perceived race, ethnicity, color, religion, 15
nationality, or country of origin, origin, gender, gender identity, gender expression, disability, or 16
sexual orientation of another person or a person or group associated with that person , assault 17
another that person, or damage or deface the property of another that person, or threaten to do 18
any such act, he the person shall be guilty of a Class 1 misdemeanor. 19
… 20
(c) In addition to any other remedies at law or in equity, a person who is injured or whose 21
property is damaged as a result of conduct described under subsection (a) of this section, or an 22
immediate family member of that person, may bring a civil action in any court of competent 23
jurisdiction to obtain appropriate relief, including actual damages, punitive damages, any 24
reasonable attorneys' fees, and any other litigation costs reasonably incurred. In an action brought 25
pursuant to this subsection, the burden of proof shall be the same as in other civil actions for 26
similar relief. For purposes of this subsection, the term (i) "actual damages" includes damages 27
for emotional distress and (ii) "immediate family member " means a child, sibling, parent, 28
grandparent, or legal guardian of the victim. 29
(d) In addition to any other remedies at law or in equity, a person who has been convicted 30
of or who has pleaded guilty or no contest to having engaged in conduct in violation of subsection 31
(a) of this section may be ordered to participate in a restorative justice session with the victim of 32
the offense if the victim requests a restorative justice session. I f restorative justice under this 33
subsection is ordered, the court shall select a member of a local Human Relations Commission, 34
an attorney, a mediator, or an alternative dispute resolution professional who has training in racial 35
equity education to conduct the restorative justice session. All costs of a restorative justice 36
session ordered under this subsection shall be paid by the defendant." 37
SECTION 2.(c) G.S. 15A-1340.16(d)(17) reads as rewritten: 38
"(17) The offense for which the defendant stands convicted was committed against 39
a victim because of the victim's actual or perceived race, ethnicity, color, 40
religion, nationality, or country of origin.origin, gender, gender identity, 41
gender expression, disability, or sexual orientation of the victim or a perso n 42
or group associated with the victim." 43
SECTION 2.(d) Article 8 of Chapter 14 of the General Statutes is amended by 44
adding a new section to read: 45
"§ 14-34.11. Felonious assault as a hate crime. 46
(a) The following definitions apply in this section: 47
(1) Gender identity. – Actual or perceived gender-related characteristics. 48
(2) Serious bodily injury. – Bodily injury that creates a substantial risk of death 49
or that causes serious permanent disfigurement, coma, a permanent or 50
protracted condition that causes extreme pain, or permanent or protracted loss 51
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Senate Bill 358-First Edition Page 3
or impairment of the function of any bodily member or organ or that results 1
in prolonged hospitalization. 2
(b) Anyone who, in whole or in part , because of the actual or perceived race, ethnicity, 3
color, religio n, nationality, country of origin, gender, gender identity, gender expression, 4
disability, or sexual orientation of another person or a person or group associated with that 5
person, commits an assault and inflicts serious bodily injury or attempts to commit an assault and 6
inflicts serious bodily injury is guilty of committing the offense of felonious assault as a hate 7
crime. 8
(c) Except as provided otherwise by this section, an offense committed under this section 9
is a Class F felony. 10
(d) An offense committed under this section is a Class E felony if either of the following 11
applies: 12
(1) Death results from the offense. 13
(2) The offense includes a violation or attempted violation of any of the 14
following: 15
a. G.S. 14-39 (Kidnapping). 16
b. G.S. 14-27.21 (First-degree forcible rape). 17
c. G.S. 14-27.22 (Second-degree forcible rape). 18
d. G.S. 14-27.26 (First-degree forcible sexual offense). 19
e. G.S. 14-27.27 (Second-degree forcible sexual offense). 20
(e) In addition to any other remedies at law or in equity, a person who is injured or whose 21
property is damaged as a result of conduct described under subsection (b) of this section, or an 22
immediate family member of that person, may bring a civil action in any court of competent 23
jurisdiction to obtain appropriate relief, i ncluding actual damages, punitive damages, any 24
reasonable attorneys' fees, and any other litigation costs reasonably incurred. In an action brought 25
pursuant to this subsection, the burden of proof shall be the same as in other civil actions for 26
similar relief. For purposes of this subsection, the term (i) "actual damages" includes damages 27
for emotional distress and (ii) "immediate family member " means a child, sibling, parent, 28
grandparent, or legal guardian of the victim. 29
(f) In addition to any other remedies at law or in equity, a person who has been convicted 30
of or who has pleaded guilty or no contest to having engaged in conduct in violation of subsection 31
(b) of this section may be ordered to participate in a restorative justice session with the victim of 32
the offense if the victim requests a restorative justice session. If restorative justice under this 33
subsection is ordered, the court shall select a member of a local Human Relations Commission, 34
an attorney, a mediator, or an alternative dispute resolution professional who has training in racial 35
equity education to conduct the restorative justice session. All costs of a restorative justice 36
session ordered under this subsection shall be paid by the defendant." 37
SECTION 2.(e) This section becomes effective De cember 1, 2025, and applies to 38
offenses committed on or after that date. 39
40
PART III. CREATE HATE CRIMES STATISTICS DATABASE 41
SECTION 3.(a) Article 13 of Chapter 143B of the General Statutes is amended by 42
adding a new section to read: 43
"§ 143B-1209. Hate crime statistics. 44
(a) Establishment. – The State Bureau of Investigation shall collect, analyze, and 45
disseminate information regarding the commission of offenses punishable under G.S. 14-3(c), 46
14-401.14, or 14 -34.11. The information collected, analyzed, and disseminated by the State 47
Bureau of Investigation shall include all of the following: 48
(1) The total number of offenses committed for each type. 49
(2) Personal protected characteristics of the person who committed the offen se 50
and the victim from each offense. 51
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(3) The disposition of each offense. 1
(b) Report by Law Enforcement Agencies. – By no later than the fifteenth day of each 2
month, all State and local law enforcement agencies shall report information to the State Bureau 3
of Investigation on offenses committed in the law enforcement agency's jurisdiction that the law 4
enforcement agency determines to meet the criteria set forth in subsection (a) of this section. A 5
report shall in clude (i) any information about the offense s required by the State Bureau of 6
Investigation and (ii) only the offenses committed during the month prior to the date the report 7
is submitted. The State Bureau of Investigation shall set the format in which reports are to be 8
submitted under this subsection. 9
(c) Report by the State Bureau of Investigation. – By January 15 of each year, the State 10
Bureau of Investigation shall submit to the General Assembly a report on the information the 11
State Bureau of Investigation collected and analyzed under subsection (a) of this section during 12
the calendar year prior to the date the report is submitted . Additionally, the State Bureau of 13
Investigation shall publish a copy of the report required under this subsection on its website. 14
(d) Requests for Information. – Upon request of a local law enforcement agency, a unit 15
of local government, or a State agency , the State Bureau of Investigation shall share any 16
information collected and analyzed under subsection (a) of this section with the requesting local 17
law enforcement agency, unit of local government, or State agency." 18
SECTION 3.(b) The State Bureau of Investigation shall develop and implement 19
guidelines for (i) the information required to be submitted by local law enf orcement agencies 20
under G.S. 143B-1209(b), as enacted by subsection (a) of this section, and (ii) the format in which 21
the information is to be reported by local law enforcement agencies under G.S. 143B-1209(b). 22
The State Bureau of Investigation shall publish the guidelines required under this subsection on 23
its website no later than 60 days prior to the date the first report is required to be submitted under 24
G.S. 143B-1209. 25
SECTION 3.(c) Notwithstanding any provision of G.S. 143B-1209, as enacted by 26
subsection (a) of this section, to the contrary, the first report required under G.S. 143B-1209(b) 27
shall be submitted by February 15, 2026, and the first report required under G.S. 143B-1209(c) 28
shall be submitted and published by January 15, 2027. 29
SECTION 3.(d) There is appropriated from the General Fund to the State Bureau of 30
Investigation the sum of one million eight hundred ninety thousand dollars ($1,890,000) in 31
nonrecurring funds for the 2025-2026 fiscal year to cover any costs incurred in establishing the 32
hate crimes statistics database required under G.S. 143B-1209(a), as enacted by subsection (a) of 33
this section. 34
SECTION 3.(e) There is appropriated from the General Fund to the State Bureau of 35
Investigation the sum of five hundred thirty thousand dollars ( $530,000) in recurring funds for 36
the 2025-2026 fiscal year to hire an additional employee to manage the hate crimes statistics 37
database required under G.S. 143B-1209(a), as enacted by subsection (a) of this section. 38
SECTION 3.(f) Subsection (a) of this se ction becomes effective January 1, 2026. 39
The remainder of this section becomes effective July 1, 2025. 40
41
PART IV. REQUIRED LA W ENFORCEMENT TRAINI NG ON IDENTIFYING, 42
RESPONDING TO, AND REPORTING HATE CRIMES 43
SECTION 4.(a) G.S. 17D-2(c) reads as rewritten: 44
"(c) Duties of the academy. The North Carolina Justice Academy shall have, but is not 45
limited to, the following functions: 46
… 47
(5) It shall develop and provide training to law enforcement officers on how to 48
identify, respond to, and report a hate crime. For purposes of this subdivision, 49
the term "hate crime " means an offense punishable under G.S. 14-3(c), 50
14-401.14, or 14-34.11." 51
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SECTION 4.(b) G.S. 17C-6(a) reads as rewritten: 1
"(a) In addition to powers conferred upon the Commission elsewhere in this Article, the 2
Commission shall have the following powers, which shall be enforceable through its rules and 3
regulations, certification procedures, or the provisions of G.S. 17C-10: 4
… 5
(2) Establish minimum educational and training standards that must be met in 6
order to qualify for entry level employment and retention as a criminal justice 7
officer in temporary or probationary status or in a permanent position. The 8
standards for entry level employment shall include all of the following: 9
… 10
d. Education and training under G.S. 17D-2(c)(5) on how to identify, 11
respond to, and report a hate crime. 12
… 13
(14) Establish minimum standards for in -service training for criminal justice 14
officers. In-service training standards for sworn law enforcement officers shall 15
include all of the following training topics: 16
… 17
j. Training under G.S. 17D-2(c)(5) on how to identify, respond to, and 18
report a hate crime. 19
… 20
(17) Establish minimum educational and training standards for employment and 21
continuing education for criminal justice officers concerning: 22
… 23
c. Pursuant to G.S. 17D-2(c)(5), identifying, responding to, and 24
reporting a hate crime. 25
…." 26
SECTION 4.(c) G.S. 17E-4(a) reads as rewritten: 27
"(a) The Commission shall have the following powers, duties, and responsibilities, which 28
are enforceable through its rules and regulations, certification procedures, or the provisions of 29
G.S. 17E-8 and G.S. 17E-9: 30
… 31
(2) Establish minimum educational and training standards that may be met in 32
order to qualify for entry level employment as an officer in temporar y or 33
probationary status or in a permanent position. The standards for entry level 34
employment of officers shall include all of the following: 35
… 36
d. Training under G.S. 17D-2(c)(5) on how to identify, respond to, and 37
report a hate crime. 38
… 39
(11) Establish min imum standards for in -service training for justice officers. 40
In-service training standards for sworn law enforcement officers shall include 41
all of the following training topics: 42
… 43
j. Training under G.S. 17D-2(c)(5) on how to identify, respond to, and 44
report a hate crime. 45
… 46
(13) Establish minimum educational and training standards for employment and 47
continuing education for officers concerning: 48
… 49
c. Pursuant to G.S. 17D-2(c)(5), identifying, responding to, and 50
reporting a hate crime. 51
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…." 1
SECTION 4.(d) This section becomes effective July 1, 2025. 2
3
PART V. REQUIRED TRA INING FOR PROSECUTOR S ON PROSECUTING HAT E 4
CRIMES 5
SECTION 5.(a) G.S. 7A-413 is amended by adding a new subsection to read: 6
"(e) The Conference shall develop and provide training to prosecutors on how to prosecute 7
hate crimes. For purposes of this subsection, the term "hate crimes" means an offense punishable 8
under G.S. 14-3(c), 14-401.14, or 14-34.11." 9
SECTION 5.(b) This section becomes effective July 1, 2025. 10
11
PART VI. EFFECTIVE DATE 12
SECTION 6. Except as otherwise provided, this act is effective when it becomes 13
law. 14