Bill Summaries: H425 (2019-2020 Session)

Tracking:
  • Summary date: Apr 25 2019 - View summary

    House committee substitute to the 2nd edition makes the following changes.

    Further amends GS 14-34.7, concerning assaults on a law enforcement officer, probation officer, parole officer, National Guard member, or detention facility employee, and GS 14-223, concerning resisting officers. Now establishes that it is an affirmative defense to prosecution under either statute that the conduct giving rise to the charge was the result of a mental health or behavioral health disability (previously, prohibited prosecution of conduct resulting from a verifiable diagnosis made by a qualified behavioral health professional of a medical condition or a mental health or behavioral health disability). Additionally, clarifies that no law enforcement officer who charges a person for an offense under either statute is subject to civil liability so long as the officer was acting in good faith (previously, limited civil immunity to an officer who charges a person in good faith who is thereafter determined to be subject to the proposed mental health/behavioral health disability exception). 

    Modifies the proposed punishments for resisting officers under GS 14-223 to make it a Class A1 misdemeanor rather than a Class H felony to willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge a duty of his or her office if the person inflicts physical injury on the officer. 


  • Summary date: Apr 3 2019 - View summary

    House committee substitute to the 1st edition makes the following changes.

    Further amends GS 14-34.7 concerning assaults on a law enforcement officer, probation officer, parole officer, National Guard member, or detention facility employee. Excepts from prosecution conduct resulting from a verifiable diagnosis made by a qualified behavioral health professional of a medical condition or a mental health or behavioral health disability. Provides limited civil immunity to an officer who charges a person in good faith who is thereafter determined to be subject to the new exception. Makes conforming changes to the statute's title. Further amends GS 14-223, concerning resisting officers, to enact identical provisions regarding exceptions from prosecution for conduct arising from such verifiable diagnoses as described in GS 14-34.7, as amended. Makes conforming changes to the statute's title.

    Specifies that the act applies to offenses committed on or after December 1, 2019.


  • Summary date: Mar 21 2019 - View summary

    Amends GS 14-34.7 to increase the penalty for assaulting a law enforcement officer, probation officer, or parole officer while the officer is discharging or attempting to discharge his or her official duties and inflicting serious bodily injury on the officer from a Class F felony to a Class E felony.

    Amends GS 14-223 by deleting the current Class 2 misdemeanor for resisting an officer and replaces it with the following. Willfully and unlawfully resisting, delaying, or obstructing a public officer in discharging or attempting to discharge a duty of his or her office is punishable as: (1) a Class E felony if the person inflicts serious bodily injury on the officer, (2) a Class H felony if the person inflicts physical injury on the officer, or (3) a Class 2 misdemeanor for any other violation of the statute. 

    Effective December 1, 2019.