Establishes crime of habitual domestic violence in new GS 14-32.6 when: (1) a person commits either misdemeanor domestic violence or an assault and (2) the person has a relationship with the victim that is one of those described as triggering the crime of misdemeanor domestic violence (e.g., a current or former spouse; parent or guardian; a current or former cohabitant; or someone with a current or former dating relationship with the victim) and (3) the person has two or more prior convictions that include any of a combination of listed offenses, with the earlier of the two prior convictions occurring no more than 15 years prior to the date of the current violation. Bars a conviction of habitual domestic violence from being used as a prior conviction for any other habitual offense statute. Designates first offense as a Class H felony with subsequent convictions to be punished at a level which is one offense class higher than the offense class of the most recent prior conviction under the statute, not to exceed a Class C felony. Applies to offenses committed on or after December 1, 2025.
Expands upon the list of misdemeanors committed out of the presence of a law enforcement officer to include misdemeanor domestic violence that would allow the officer to make a warrantless arrest under GS 15A-401(b). Makes technical changes. Applies to arrests made on or after the act becomes law.
CREATE CRIME FOR HABITUAL DOMESTIC VIOLENCE.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO CREATE A FELONY CRIME OF HABITUAL DOMESTIC VIOLENCE AND TO ALLOW A WARRANTLESS ARREST WHEN AN OFFICER HAS PROBABLE CAUSE TO BELIEVE A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE HAS OCCURRED.Intro. by Torbett.
Status: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House (House action) (Feb 27 2025)
Bill History:
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Wed, 26 Feb 2025 House: Filed(link is external)
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Thu, 27 Feb 2025 House: Passed 1st Reading(link is external)
H 230
Bill Summaries:
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Bill H 230 (2025-2026)Summary date: Feb 26 2025 - View Summary
View: All Summaries for Bill