Bill Summary for H 645 (2025-2026)

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Summary date: 

Apr 4 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 645 (Public) Filed Tuesday, April 1, 2025
AN ACT TO ENSURE A FRIENDLY NORTH CAROLINA.
Intro. by von Haefen, Reives, Alston, Lofton.

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Bill summary

Includes whereas clauses.

Part I.

Amends GS 14-3 by modifying the categories under which a crime will be elevated to a higher level offense as a hate crime under subsection (c) to encompass those crimes motivated, in whole or in part, by a victim's actual or perceived personally identifying characteristic (previously did not specify actual or perceived characteristics included and was limited to race, color, religion, nationality, or country of origin, and no language about motive being in whole or in part). Defines personally identifying characteristic as any characteristic protected by the nondiscrimination provisions of the International Convention on Civil and Political Rights (ICCPR), identified in supporting decisions or General Comments of the United Nations Human Rights Committee (UNHRC), or both protected by the nondiscrimination provisions of the ICCPR and identified in supporting decisions or General Comments of the UNHRC. Effective December 1, 2025, and applies to offenses committed on or after that date. 

Instructs that Class 2 or Class 3 misdemeanors committed for these reasons will be elevated to a Class 1 misdemeanor. Class A1 or Class 1 misdemeanors committed for these reasons will be elevated to a Class H felony. Adds new subsection (d), permitting a victim or an immediate family member of that person to bring an action for appropriate relief against the person who committed the offense, including actual damages, punitive damages, reasonable attorneys’ fees, and any other litigation costs reasonably incurred. Actual damages under this subsection include damages for emotional distress. Makes conforming changes to the statute's caption. Adds a new subsection (e), authorizing the ordering of a person convicted of or who has pleaded no contest to having engaged in conduct in violation of subsection (c) to participate in a restorative justice session with the victim at the victim's request, to be conducted as specified at the cost of the defendant. Effective December 1, 2025, and applies to offenses committed on or after that date. 

Amends GS 14-401.14, changing the title to Intimidation by hate crime; teaching any technique to be used in the commission of a hate crime. Expands the categories covering hate crime identical to the above changes to GS 14-3. Adds new subsection (c), allowing a victim or their immediate family member to seek civil damages against the person who committed the offense, identical to the above changes to GS 14-3. Adds new subsection (d), authorizing ordering of a person convicted of or who has pleaded no contest to having engaged in conduct in violation of subsection (a) to participate in a restorative justice session with the victim at the victim's request, to be conducted as specified at the cost of the defendant. Includes gender-neutral pronoun change. Effective December 1, 2025, and applies to offenses committed on or after that date. 

Amends GS 15A-1340.16(d)(17), expanding the definition of an aggravating factor identical to the above definition of hate crime.

Amends GS Chapter 14, Article 8, adding new GS 14-34.11, titled Felonious assault as a hate crime. Creates the crime felonious assault as a hate crime, defined as assaulting and inflicting serious bodily injury or attempting an assault inflicting serious bodily injury because of, in whole or in part, the actual or perceived personally identifying characteristic. Punishable as a Class F felony, elevated to a Class E felony if death results from the offense, or the offense includes the commission or attempted commission of kidnapping, first- or second-degree forcible rape, or first- or second-degree forcible sexual offense. Permits the victim or the person's immediate family to seek civil damages from the person who committed the offense, identical to the above changes to GS 14-3. Provides for rules of introduction of expressions or associations of the accused at trial. Authorizes ordering a person convicted of or who has pleaded no contest to having engaged in conduct in violation of subsection (b) to participate in a restorative justice session with the victim at the victim's request, to be conducted as specified at the cost of the defendant. Effective December 1, 2025, and applies to offenses committed on or after that date. 

Amends GS Chapter 143B, Article 13, enacting new GS 143B-1209, titled Hate crime statistics. Directs the State Bureau of Investigation (SBI) to collect, analyze, and disseminate information regarding the commission of offenses punishable under GS 14-3(c), 14-401.14, or 14.34.11. This information must include the total number of offenses committed for each type, identifying characteristics of the offender and victim from each offense, and the disposition of each offense. Requires all State and local law enforcement agencies to report monthly to the SBI on offenses committed in their jurisdictions that meet the criteria for a hate crime. Requires the SBI to report to the General Assembly on a yearly basis on the information gathered. The SBI must also publish this report on its website. Requires the SBI to share any information collected under this section upon request of any local law enforcement agency, unit of local government, or State agency. 

Directs the SBI to develop guidelines for the information on hate crimes required to be submitted by local law enforcement agencies. Effective January 1, 2026.

Requires the first reports by the SBI to the General Assembly to be submitted by February 15, 2026, and January 15, 2027, as specified.

Appropriates $1.89 million for the 2025-26 fiscal year from the General Fund to the SBI to cover any costs incurred in establishing the hate crime statistics database. Appropriates $530,000 in recurring funds for the 2025-26 fiscal year from the General Fund to the SBI to hire an additional employee to manage the database.  Effective July 1, 2025.

Amends GS 17D-2 by expanding upon the North Carolina Justice Academy’s duties to also include developing and providing training to law enforcement officers on how to identify, respond to, and report a hate crime. Amends GS 17C-6 (pertaining to the North Carolina Criminal Justice Education and Training Standards Commission [Commission]) and GS 17E-4 (pertaining to the North Carolina Sheriffs' Education and Training Standards Commission [Sheriffs’ Commission]) by adding various duties related to education and training on how to identify, respond to, and report a hate crime. Effective July 1, 2025.

Amends GS 7A-413 by requiring the Conference of District Attorneys to develop and provide training to prosecutors on how to prosecute hate crimes. Effective July 1, 2025.

Enacts GS 14-18.3, prohibiting as a defense to homicide prosecutions under Article 6, the discovery of, perception of, or belief about another person's actual or perceived personal identifying characteristics, whether or not accurate. Enacts identical provisions to GS 14-34.12, applicable to prosecutions for assault under Article 8.

Applies to offenses committed on or after December 1, 2025. Provides a savings clause for prosecutions for offenses committed before December 1, 2025.

Part II.

Enacts GS 12-3.3 defining discrimination as any action, policy, practice, or omission that imposes harm or disadvantage on, excludes, or denies opportunities to, a group or member of a group, without an objectively verifiable and overriding necessity directly linked to a specific, lawful, and compelling objective. Requires any justification to meet the following strict criteria: (1) objective necessity; (2) evidence-based justification; and (3) least harmful means, as specified. Instructs that GS 12-3.3 should not be construed to diminish or infringe against any right protected under the First Amendment of the federal or State constitutions. Incorporates the definition of discrimination into the State Fair Housing Act (SFHA) in new GS 4A-3.1.

Part III.

Adds new term non-business purpose (any purpose that does not concern a prospective or actual buyer's or tenant's actual ability to pay compensation in a real estate transaction based upon the actual knowledge of the owner, lessor, agent, or vendor), to GS 41A-3 (definitions provisions of the SHFA) and makes technical changes. Changes the discriminatory component of an unlawful discriminatory housing practice under GS 41A-4 to an illegal motivation to discriminate a person based upon a non-business purpose from discrimination is based upon the person’s protected class. Makes conforming changes. Makes conforming and technical changes to GS 41A-5 (proof of violation).

Part IV.

Incorporates the definition of discrimination in GS 12-3.3 into GS 143-422.2 (legislative declaration of the State’s employment discrimination act).  Removes reference to protected classes and replaces them with references to discrimination in GS 126-16 (EEO by State department agencies and local political subdivisions).

Part V.

Enacts Article 49B to GS Chapter 143, Equal Access to Public Accommodations, to be known as the Equal Access to Public Accommodations Act. Provides a legislative declaration that it is the public policy of the State to protect and safeguard the right and opportunity of all individuals within the State to enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodation free of discrimination based on a non-business purpose.

Defines discrimination as the definition contained in GS 12-3.3 and non-business purpose (any purpose that does not concern a prospective or actual customer's or client's actual ability to pay compensation in exchange for goods or services based on the actual knowledge of the proprietor or vendor). Defines place of public accommodations to have the same meaning as defined in GS 168A-3(8), but excludes any private club or other establishment that is not in fact open to the public.

Authorizes the Human Relations Commission (Commission) in the Department of Administration to receive, investigate, and conciliate complaints of discrimination in public accommodations, and directs the Commission to effect an amicable resolution. Provides that in the event the Commission cannot effect an amicable resolution of the charges of discrimination, the complainant and the Commission can proceed with an enforcement action in accordance with GS 41A-7 (State Fair Housing Act enforcement provisions).

Part VI.

Enacts GS 75-45, limiting discrimination in the extension of credit only on the basis of a prospective or actual borrower’s or customer's ability to repay the extension of credit. Allows complainants concerning violations of this statute to file a grievance with the Commission. Directs the Commission to effect an amicable resolution, and in the event the Commission cannot effect an amicable resolution, the complainant and the Commission can proceed with an enforcement action in accordance with GS 41A-7, as similarly provided in GS 143-422.13 enacted by this act. Makes a violation of this statute an unfair trade practice in violation of GS 75-1.1.

Part VII.

Amends GS 58-3-25 to prohibit discriminatory practices by insurers because of discrimination as defined in GS 12-3.3.

Part VIII.

Amends GS 115C-47 to require each local board of education to adopt a policy to establish that the local board of education and school personnel employed by the local board must not engage in discrimination as defined by GS 12-3.3. Requires that the policy include that any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice may file a complaint with the Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.

Enacts new GS 115C-112.10 prohibiting nonpublic schools that accept students receiving scholarships grants from engaging in discrimination as defined by GS 12-3.3. Allows persons injured by an unlawful discriminatory practice and who fears irrevocable injury to file a complaint with the Commission, with the same Commission response as described above.  Amends GS 115C-218.45 to prohibit charter schools from engaging in discrimination as defined by GS 12-3.3 instead of listing of protected classes. Allows persons injured by an unlawful discriminatory practice and who fears irrevocable injury to file a complaint with the Commission, with the same Commission response as described above. 

Amends GS 115C-562 to prohibit nonpublic schools from engaging in discrimination as defined by GS 12-3.3, in addition to the discrimination already banned by the statute. Allows persons injured by an unlawful discriminatory practice and who fears irrevocable injury to file a complaint with the Commission, with the same Commission response as described above. 

Amends GS 115D-77 to require the State Board of Community Colleges and local board of trustees nondiscrimination policy prohibits discrimination under GS 12-3.3 of listing of protected classes. Allows persons injured by an unlawful discriminatory practice and who fears irrevocable injury to file a complaint with the Commission, with the same Commission response as described above.  Amends GS 116-11 to require the UNC Board of Governors to adopt a policy to provide that UNC and its affiliates and personnel employed by UNC and its affiliates cannot engage in discrimination under GS 12-3.3. Allows persons injured by an unlawful discriminatory practice and who fears irrevocable injury to file a complaint with the Commission, with the same Commission response as described above. 

Part IX.

Amends GS 15A-1214 to prohibit excluding a person from jury service on account of discrimination under GS 12-3.3.

Part X.

Contains legislative findings concerning the status of antidiscrimination law in the State and its political subdivisions. Tasks the Legislative Research Commission (LRC)with conducting a review of State antidiscrimination laws to develop legislative proposals that will further equality for all in North Carolina through comprehensive legislation. Directs LRC to report its findings and recommendations to the 2027 General Assembly.

Part XI.

Enacts Article 1O, the Mental Health Protection Act in GS Chapter 90. Defines an adult under guardianship, and conversion therapy (as defined by the American Psychological Association in the most recent edition of the Dictionary of Psychology). Prevents, in GS 90-21.162, the following professionals from engaging in conversion therapy with an individual under age 18 or an adult under guardianship:

  1. Licensed clinical social workers as defined in GS 90B-3.
  2. Licensed marriage and family therapists as defined in GS 90-270.47.
  3. Licensed clinical mental health counselors as defined in GS 90-330.
  4. Psychiatrists licensed in accordance with Article 1 of GS Chapter 90.
  5. Psychologists as defined in GS 90-270.2.

Considers conversion therapy practiced by those named classes of professionals as unprofessional conduct and makes the professional subject to discipline. Grants the Department of Health and Human Services (DHHS) concurrent authority to initiate proceedings for violations of GS 90-21.162. Directs DHHS to promulgate rules in accordance with the section. Prohibits State funds, or any funds belonging to a municipality, agency, or political subdivision of this State, from being expended for the purpose of conducting conversion therapy, referring an individual for conversion therapy, health benefits coverage for conversion therapy, or a grant or contract with any entity that conducts conversion therapy or refers individuals for conversion therapy.

Part XII.

Specifies that the term personal relationship under GS 50B-1 (concerning definitions pertaining to domestic violence) include both dating relationships and relationships where the parties either have or are currently living together that are comprised of individuals of any sex (currently, law specifies that those relationships consist of persons of the opposite sex). Makes technical changes. Applies to domestic violence protective orders issued on or after the act becomes law.

Part XIII.

Enacts Article 1P in GS Chapter 90, to be known as "Codify Roe and Casey Protections" providing as follows. Sets out the Article's purpose. Prohibits the State from imposing an undue burden on the ability of a woman to choose whether to terminate a pregnancy before fetal viability. Specifies that the State may: (1) restrict the ability of a woman to choose whether to terminate a pregnancy after fetal viability, unless termination is necessary to preserve the woman's life or health or (2) enact laws, rules, or regulations to further the health or safety of a woman seeking to terminate a pregnancy. Defines undue burden to mean any burden that places a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability. Specifies that the Article does not affect laws regarding conscience protection.

Part XIV.

Adds new Article 44 to GS Chapter 90 setting out a right to use contraception to prevent pregnancy, stating that the State has no legitimate governmental interest in restricting such use.

Part XV.

Enacts Article 1Q to GS Chapter 90, titled Assisted Reproductive Technology. Bars the State or any political subdivision thereof from prohibiting, unreasonably limiting, or interfering with: (1) a patient's right to access assisted reproductive technology; (2) a health care provider's right to provide or assist with the provision of evidence-based information related to assisted reproductive technology; and (3) a health care provider's right to perform or assist with the performance of assisted reproductive technology. Prohibits a fertilized human egg or human embryo that exists outside of the uterus from being considered an unborn fetus, an unborn child, a minor child, a natural person, or any other term that connotes a human being for any purpose under State law. Defines "assisted reproductive technology" to mean all treatments or procedures that include the handling of human oocytes or human embryos, including in vitro fertilization, gamete intrafallopian transfer, and zygote intrafallopian transfer. Also defines "health care provider" and "health care service." Specifies that the new Article does not prohibit the enforcement of health and safety laws related to the operation of health care facilities or the provision of health care services by health care providers.

Appropriates $500,000 in recurring funds for 2025-26 from the General Fund to the Department of Health and Human Services, Division of Health Benefits, to increase funding for Medicaid maternal support services, aka the Baby Love Program. Specifies that these funds provide a state match for federal funds.

Part XVI.

Sets forth 14 NCGA findings, including (1) establishing that Black, Indigenous, and Persons of Color (BIPOC) and individuals with low income are disproportionately exposed to environmental hazards and unsafe housing, facing higher levels of  air and water pollution, mold, lead, and pests and the harm that that causes, (2) pointing to federal antidiscrimination laws and State constitutional guarantees of equal rights, (3) emphasizing that lack of a clear environmental justice policy has resulted in a piecemeal approach to understanding and addressing environmental justice in North Carolina and creates a barrier to establishing clear definitions, metrics, and strategies to ensure meaningful engagement and more equitable distribution of environmental benefits and burdens, and (4) concluding that it’s the State’s responsibility to pursue environmental justice for its residents and to ensure that its agencies do not contribute to unfair distribution of environmental benefits to or environmental burdens on low-income, limited-English proficient, and BIPOC communities.

Enacts new Article 21D, pertaining to environmental justice, in GS Chapter 143 to identify, reduce, and eliminate environmental health disparities to improve the health and well-being of all State residents.  Defines thirteen terms, including Program (i.e., the Environmental Justice Program of the Department of Environmental Quality).

Establishes, in GS 143-215.132, the State’s policy as that no segment of the population of the State should, because of its racial, cultural, or economic makeup, bear a disproportionate share of environmental burdens or be denied an equitable share of environmental benefits. It is further the policy of the State to provide the opportunity for the meaningful participation of all individuals, with particular attention to environmental justice focus populations, in the development, implementation, or enforcement of any law, regulation, or policy.

Creates an Environmental Justice Advisory Council (Advisory Council) in GS 143-215.135 to provide independent advice and recommendations to State agencies and the General Assembly on matters relating to environmental justice, including the integration of environmental justice principles into State programs, policies, regulations, legislation, and activities. Also creates an Interagency Environmental Justice Committee (Interagency Committee) to guide and coordinate State agency implementation the Environmental Justice State Policy and provide recommendations to the General Assembly for amending the definitions and protections set forth in Article 21D. Provides for appointment process, membership, specific duties, co-chairs, terms, appointment of vacancies, and meeting requirements for both bodies.  Specifies the duties of both bodies. Requires both bodies to consider and incorporate the Equitable Access & Just Transition to Clean Energy provisions of the North Carolina Clean Energy Plan in their work.

Requires covered agencies (Departments of Environmental Quality [DEQ], Health and Human Services [DHHS], Transportation [DOT], Commerce [DOC], Public Safety [DPS], Agriculture and Consumer Services [DCAS], Public Instruction [DPI] and the Utilities Commission [Commission]) to do the following: (1) consider cumulative environmental burdens and access to environmental benefits when making decisions about the environment, energy, climate, and public health projects; facilities and infrastructure; and associated funding; (2) adopt a community engagement plan on or before July 1, 2027; (3) submit specified information to the Advisory Council annually beginning January 15, 2026; (4) generate baseline spending reports as described; and (5) issue and publicly post an annual report summarizing all actions taken to incorporate environmental justice into its policies or determinations, rulemaking, permit proceedings, or project review by January 15, 2027.

Requires the Program in consultation with the Interagency Committee and Advisory Counsel to: (1) review the definitions listed above at least every 5 years and recommend revisions to the NCGA to ensure the definitions achieve the environmental justice policy; (2) issue guidance on how the covered agencies will determine which investments provide environmental benefits to environmental justice focus populations on or before September 15, 2025, with a draft provided for a 40-day comment period before the final version is released.

Requires DEQ, in consultation with the Advisory Council and the Interagency Committee to adopt rules to: (1) define cumulative environmental burdens; (2) implement consideration of cumulative environmental burdens within the Program; (3) inform how the public and the covered agencies implement the consideration of cumulative environmental burdens and use the environmental justice mapping tool developed by the Program, on or before July 1, 2025. Requires covered agencies to adopt policies to implement Article 21D by July 1, 2028, and to amend those policies as appropriate. Requires the covered agencies to consult with the Advisory Council prior to engaging in rulemaking and for the Advisory Council to vote on the proposed rule with those in support and in objection of the proposed rule recorded and part of the rulemaking record.

Requires, on or before December 15, 2027, for the Program to submit a report to the specified NCGA committee and division describing whether the baseline spending reports completed pursuant to GS 143-215.133(g), as enacted by the act, indicate if any municipalities or portions of municipalities are routinely underserved with respect to environmental benefits, taking into consideration whether those areas receive, averaged across three years, a significantly  lower percentage of environmental benefits from State investments as compared to other  municipalities or portions of municipalities in the State. Specifies that the report must include a recommendation as to whether a statutory definition of underserved community and any other revisions to Article 21D of GS Chapter 143, as enacted by the act, are necessary to best carry out the policies described in Article 21D. 

Part XVII.

Amends GS 20-7 to require the Division of Motor Vehicles to provide an applicant with a copy of any application, form, or test required for licensure in the applicant’s native language upon request. Effective October 1, 2025.