Criminal Justice

This bill revises North Carolina's burglary and breaking-and-entering laws to increase penalties when a firearm or deadly weapon is used. It raises the felony classification by one level for offenses like burglary (first/second degree), breaking out of a dwelling at night, or entering a building with intent to commit a felony or terrorize occupants, if a weapon was present during the crime. The law directly affects individuals convicted of these specific offenses when a firearm was involved, not the general public. It does not change sentencing for weapon-free offenses or address police pay, despite the title "Back the Blue Pay Act" suggesting otherwise. The changes take effect December 1, 2025.

HB 318 requires North Carolina county jails and detention facilities to check the immigration status of individuals charged with specific offenses (including certain felonies, misdemeanors, and impaired driving) and to notify U.S. Immigration and Customs Enforcement (ICE) if a detainer is issued. If ICE issues a detainer, facilities must hold the person for up to 48 hours (or until ICE takes custody) and notify ICE 2 hours before the person would otherwise be released. For pretrial defendants facing similar charges, the bill mandates a two-hour hold to allow ICE to issue a detainer; if none is received, the defendant must be released. The law also shields state officials from liability when following these procedures.

SB 311, titled "The Law and Order Act," increases penalties for assaulting utility and communications workers while they are identifiable in uniform and performing duties. It also creates new offenses, including criminal possession of embalming fluid, larceny of gift cards, and unlawful possession of certain explosive devices. The bill enhances punishments for reckless driving causing death, hit-and-run offenses, and firearm use by felons during crimes, while adding a mitigating factor for impaired drivers using ignition interlocks. Additional provisions revise burglary penalties, expand workplace violence prevention to cover mass picketing, and establish civil liability for gift card theft. The bill directly affects workers in essential services and individuals committing specified violent or property crimes.

SB 429 creates new criminal offenses for knowingly exposing children under 16 to controlled substances (like drugs or opioids), with penalties ranging from a Class H felony (exposure alone) to a Class B1 felony (if exposure causes death). It also revises rules for sharing autopsy records: medical examiners must provide finalized toxicology and autopsy reports to prosecutors during criminal investigations, but public disclosure is restricted to specific recipients like family members or estate representatives. The law applies to offenses occurring on or after December 1, 2025, and excludes cases where a medical professional administers prescribed medication to a child. This bill directly affects caregivers, medical examiners, and prosecutors handling child exposure cases.

HB 620 adds High Point University School of Law to the list of educational institutions receiving five free copies of appellate court reports annually. It establishes a new program within the Administrative Office of the Courts to oversee local accountability and recovery courts, requiring annual reports on their operation and effectiveness. The bill also prohibits modifying court forms without clear notation of changes and removes public notice requirements for name changes when applicants are in address confidentiality programs or victims of domestic violence, sexual offense, or stalking, keeping related records private. These changes directly affect courts, law schools, attorneys, and individuals seeking name changes.

This bill amends North Carolina law to strengthen property rights for landowners regarding recreational activities. It requires written permission (signed, dated within 12 months, and carried on person) for hunting, fishing, or trapping on private land, with fines of $500 for first offenses on posted property and $1,000 for repeat violations. Landowners can also prohibit pine straw harvesting without written consent, creating a Class 1 misdemeanor for unauthorized removal. Repeat trespass offenses trigger license suspensions for hunting/fishing, and new rules ban launching watercraft from public roadways into waterways. The law directly affects hunters, fishers, landowners, and pine straw harvesters.