Bill Summary for H 425 (2019-2020)

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Summary date: 

Apr 25 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 425 (Public) Filed Thursday, March 21, 2019
Intro. by Faircloth, McNeill, Ross, Boles.

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Bill 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.