Bill Summary for H 95 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO INCREASE THE PUNISHMENT IMPOSED FOR AN ASSAULT OR THREAT AGAINST AN EXECUTIVE OFFICER, LEGISLATIVE OFFICER, COURT OFFICER, OR LOCAL ELECTED OFFICER AND TO REQUIRE PRETRIAL RELEASE CONDITIONS FOR ANY PERSON CHARGED WITH ASSAULTING OR MAKING A THREAT AGAINST AN EXECUTIVE OFFICER, LEGISLATIVE OFFICER, COURT OFFICER, LOCAL ELECTED OFFICER, OR ELECTION OFFICER TO BE DETERMINED BY A JUDGE.Intro. by Kidwell, Moss, Adams, Wheatley.
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Bill summary
House committee substitute to the 1st edition makes the following changes.
Amends GS 14-16.6 by expanding upon the statute's scope to also prohibit assault on local elected officers, or assault on another person as retaliation against a local elected officer, in addition to the already included assault on a legislative officer, executive officer, or court officer. Increases the punishment for assault on these classes of individuals from a Class I felony to a Class G felony; from a Class F felony to a Class D felony when the offense includes the use of a deadly weapon; and from a Class E felony to a Class C felony when the person inflicts serious bodily injury to a legislative, executive, court, or local elected officer.
Further amends GS 14-16.7 (felony for threats against executive, legislative, court, or local elected officers) by increasing the penalties for violating the statute from a Class I felony to a Class H felony.
Amends proposed new GS 15A-534.9 so that it also applies to cases where a defendant is charged with violating GS 14-16.6. Requires that the judicial official determining pretrial release for defendants charged with those specified violations be a judge. Removes the requirement to set bond in an amount no less than $50,000; adds the following requirements instead. Requires the judge to direct a law enforcement officer or district attorney to provide the defendant's criminal history report and to consider that criminal history when setting conditions of release. Prohibits a judge from unreasonably delaying the determination of conditions of pretrial release for the purpose of reviewing the criminal history report. Allows a judge, if they decide that the defendant's immediate release will pose a danger of injury to persons and that executing an appearance bond will not assure that the injury will not occur, to keep the defendant in custody for a reasonable period of time while determining the conditions of pretrial release. Specifies four conditions that a judge may impose on pretrial release, which may be imposed in addition to requiring the defendant to execute a secured appearance bond. Specifies that the provisions of Article 5 (Procedure for Admission and Discharge of Clients) of GS Chapter 122C apply if the defendant is mentally ill and dangerous to himself or others or a substance abuser and dangerous to himself or others. Allows keeping a defendant in custody no more than 48 hours from the time of arrest with the judge making a determination under this statute; if a judge has not acted within those 48 ours, requires the magistrate to take action under this statute.
Makes conforming changes to the act's long title.