House committee substitute to the 1st edition make the following changes. Removes provision in GS 14-51 (first and second degree burglary) that larceny is deemed a felony without regard to the value in question for purposes of defining burglary. Makes technical changes. Removes requirement under GS 14-53 (breaking out of a dwelling house burglary) that the breaking out of the dwelling house must occur at nighttime.
BURGLARY & B&E/SENTENCE ENHANCEMENT.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO REVISE THE OFFENSES OF FIRST AND SECOND DEGREE BURGLARY AND TO ENHANCE THE PUNISHMENT IMPOSED FOR CERTAIN BURGLARY AND BREAKING OR ENTERING OFFENSES COMMITTED BY A PERSON IN POSSESSION OF A FIREARM OR OTHER DEADLY WEAPON.Intro. by Balkcom, Carson Smith, Miller, Pyrtle.
Bill History:
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Mon, 3 Feb 2025 House: Filed(link is external)
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Wed, 5 Feb 2025 House: Passed 1st Reading(link is external)
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Tue, 25 Feb 2025 House: Reptd Fav Com Substitute(link is external)
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Mon, 3 Mar 2025 House: Reptd Fav(link is external)
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Mon, 3 Mar 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Mon, 3 Mar 2025 House: Placed On Cal For 03/04/2025(link is external)
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Tue, 4 Mar 2025 House: Passed 2nd Reading(link is external)
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Tue, 4 Mar 2025 House: Passed 3rd Reading(link is external)
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Wed, 5 Mar 2025 House: Regular Message Sent To Senate(link is external)
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Wed, 5 Mar 2025 Senate: Regular Message Received From House(link is external)
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Wed, 5 Mar 2025 Senate: Passed 1st Reading(link is external)
Bill Summaries:
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Bill H 42 (2025-2026)Summary date: Feb 25 2025 - View Summary
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Bill H 42 (2025-2026)Summary date: Feb 5 2025 - View Summary
Clarifies that first- and second-degree burglary consist of breaking and entering and the intent to commit a felony or larceny under GS 14-51 (first and second degree burglary). Makes organizational changes to the statute and technical changes to the descriptions of first-degree and second-degree burglary. Makes organizational changes and adds a sentence enhancement of one felony class higher than the principal felony underlying the person’s conviction for persons possessing a firearm or deadly weapon during the commission of an offense under GS 14-51, GS 14-53 (breaking out of a dwelling house burglary), or GS 14-54 (breaking or entering buildings generally). Requires the sentence enhancement to be plead in the indictment or information for the offense. Applies to offenses committed on or after December 1, 2025.