Criminal Justice

HB 308 reclassifies strangulation as a Class H felony (up from Class G) and clarifies "serious bodily injury" to include permanent disfigurement or prolonged hospitalization. It clarifies that certain domestic violence misdemeanors cannot be treated as lesser offenses under related statutes and creates a new "habitual misdemeanor assault" offense for repeat offenders involving domestic violence. The bill prohibits expunging criminal records for individuals with pending charges and requires judges to review criminal history when setting pretrial release conditions in domestic violence cases. Judges must also impose specific conditions like staying away from victims' homes or abstaining from alcohol for those charged under domestic violence laws.

HB 437 establishes "Drug-Free Homeless Service Zones" within 300 feet of facilities that provide homeless services (like shelters or transitional housing) using public funds. It increases penalties for drug offenses committed in these zones: individuals 21+ face Class E felony charges, while facility operators allowing such offenses face Class 1 misdemeanor charges. Facilities must display visible signs identifying the zone, and the law applies to offenses committed on or after December 1, 2025. The bill directly affects homeless service providers, their operators, and individuals committing drug offenses in designated zones.

HB 206 modifies North Carolina's process for handling firearms surrendered under domestic violence protective orders. It requires defendants to immediately surrender firearms, ammunition, and permits to the sheriff when such orders are issued, with a 24-hour deadline if immediate surrender isn't possible. The bill clarifies that sheriffs must store these items, may charge reasonable storage fees, and must conduct criminal background checks before returning firearms after the order ends. This directly affects domestic violence defendants, victims, and sheriffs managing firearm storage and retrieval.

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 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.