Bill Summary for H 308 (2025-2026)

Printer-friendly: Click to view

Summary date: 

Mar 5 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 308 (Public) Filed Wednesday, March 5, 2025
AN ACT TO AMEND STRANGULATION PENALTIES, TO MAKE CLARIFYING CHANGES REGARDING THE MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, TO CREATE A FELONY CRIME OF HABITUAL DOMESTIC VIOLENCE, TO CLARIFY EXPUNCTIONS MAY NOT BE GRANTED FOR PERSONS WITH PENDING CHARGES, TO CLARIFY WHO MAY REQUEST CONFIRMATION OF EXPUNCTION, AND TO REMOVE THE CONCURRENT SENTENCING DEFAULT.
Intro. by Stevens.

View: All Summaries for BillTracking:

Bill summary

Section 1

Amends GS 14-32.4 as follows. Adds a new Class H felony to GS 14-32.4 for assaulting another person by strangulation (unless the conduct is covered under some other provision providing greater punishment). Adds a definition of strangulation as, impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of the person or by obstructing the nose and mouth of the person. Increases the punishment for assaulting another person and inflicting physical injury by strangulation from a Class H felony to a Class G felony (unless the conduct is covered under some other provision providing greater punishment). Makes organizational changes. Makes conforming change to statutory citation is GS 143B-1023(a) to account for reorganization of GS 14-32.4.

Section 2

Clarifies that offenses under GS 14-33 (misdemeanor assaults, batteries and affrays) are not lesser included offenses of the misdemeanor crime of domestic violence (GS 14-32.5). Now includes habitual misdemeanor domestic violence under GS 14-33.2 (habitual misdemeanor assault) if the person commits a violation of GS 14-32.5 and has two or more convictions for a violation of GS 14-32.5. Expands upon the list of misdemeanors committed out of the presence of a law enforcement officer that would allow the officer to make a warrantless arrest under GS 15A-401(b) to include misdemeanor domestic violence. Adds charges under GS 14-32.5 to the list of offenses where pre-trial release must be determined by a judge under GS 15A-534.1.

Section 3

Amends GS 15A-145 (concerning expunction of records for first offenders under the age of 18 at the time of a misdemeanor conviction), GS 15A-145.1 (expunction of records for first offenders under the age of 18 at time of conviction of certain gang offenses), GS 15A-145.2 (expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses), GS 15A-145.3 (expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapor offenses), GS 15A-145.4 (expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony), GS 15A-145.6 (expunctions for certain defendants convicted of prostitution), GS 15A-145.8A (expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence) and GS 15A-145.9 (expunctions of certain offenses committed by human trafficking victims) as follows. Prevents expunction in such cases if (1) the petitioner has outstanding warrants or pending criminal cases, is under indictment, or a finding of probable cause exists against the defendant for a felony in any federal court or state court in the United States or (2) the petitioner is free on bond or personal recognizance pending trial, appeal, or sentencing in any federal court or state court in the United States for a crime which would prohibit the person from having his or her petition for expunction under this section granted. Makes organizational changes.

Applies to petitions for expunctions filed on or after December 1, 2025.

Section 4

Requires all sentences to run consecutively unless otherwise specified by the court under GS 15A-1354 (currently, default is for sentences to run concurrently unless required by statute to run consecutively or specified as so).

Section 5

Applies to offenses committed on or after December 1, 2025.