AN ACT ENACTING THE PROTECT THOSE WHO SERVE AND PROTECT ACT. SL 2023-76. Enacted July 7, 2023. Effective December 1, 2023.
PROTECT THOSE WHO SERVE AND PROTECT ACT.
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View NCGA Bill Details | 2023-2024 Session |
AN ACT ENACTING THE PROTECT THOSE WHO SERVE AND PROTECT ACT.Intro. by Hastings, Saine, Carson Smith, Pyrtle.
SOG comments (2):
Long title change
Senate committee substitute to the 2nd edition amends the act's long title. The previous title was: AN ACT TO INCREASE THE PUNISHMENT FOR DISCHARGING OR ATTEMPTING TO DISCHARGE A FIREARM AT OR INTO AN UNOCCUPIED EMERGENCY VEHICLE AND TO INCREASE THE PUNISHMENT FOR POINTING A LASER DEVICE AT A LAW ENFORCEMENT OFFICER, LAW ENFORCEMENT AGENCY ANIMAL, OR OTHER EMERGENCY PERSONNEL WHEN THE PERSON OR ANIMAL IS IN THE PERFORMANCE OF HIS OR HER DUTIES.
Bill History:
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Mon, 30 Jan 2023 House: Filed
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Tue, 31 Jan 2023 House: Passed 1st Reading
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Wed, 15 Feb 2023 House: Reptd Fav Com Substitute
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Wed, 15 Feb 2023 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Tue, 21 Feb 2023 House: Reptd Fav
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Tue, 21 Feb 2023 House: Cal Pursuant Rule 36(b)
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Tue, 21 Feb 2023 House: Placed On Cal For 02/22/2023
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Wed, 22 Feb 2023 House: Passed 2nd Reading
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Wed, 22 Feb 2023 House: Passed 3rd Reading
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Thu, 23 Feb 2023 House: Regular Message Sent To Senate
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Mon, 27 Feb 2023 Senate: Regular Message Received From House
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Mon, 27 Feb 2023 Senate: Passed 1st Reading
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Mon, 27 Feb 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 18 May 2023 Senate: Withdrawn From Com
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Wed, 14 Jun 2023 Senate: Reptd Fav Com Substitute
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Wed, 14 Jun 2023 Senate: Com Substitute Adopted
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Wed, 14 Jun 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 21 Jun 2023 Senate: Reptd Fav
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Thu, 22 Jun 2023 Senate: Amend Adopted A1
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Thu, 22 Jun 2023 Senate: Passed 2nd Reading
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Thu, 22 Jun 2023 Senate: Passed 3rd Reading
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Thu, 22 Jun 2023 Senate: Engrossed
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Mon, 26 Jun 2023 Senate: Regular Message Sent To House
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Mon, 26 Jun 2023 House: Regular Message Received For Concurrence in S Com Sub
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Tue, 27 Jun 2023 House: Cal Pursuant 36(b)
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Tue, 27 Jun 2023 House: Added to Calendar
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Tue, 27 Jun 2023 House: Concurred In S Com Sub
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Tue, 27 Jun 2023 House: Ordered Enrolled
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Wed, 28 Jun 2023 House: Ratified
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Wed, 28 Jun 2023 House: Pres. To Gov. 6/28/2023
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Fri, 7 Jul 2023 House: Signed by Gov. 7/7/2023
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Fri, 7 Jul 2023 House: Ch. SL 2023-76
Bill Summaries:
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Bill H 34 (2023-2024)Summary date: Jul 10 2023 - View Summary
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Bill H 34 (2023-2024)Summary date: Jun 22 2023 - View Summary
Senate amendment to the 3rd edition makes the following changes. Amends GS 14-34.8 (defining criminal uses of laser devices) to clarify that intentionally pointing a laser device while the device is emitting a laser beam at a law enforcement agency animal or search and rescue animal while the animal is in the performance of its duty is only a Class A1 misdemeanor when the animal is caused harm as defined under GS 14-163.1 (i.e., injury, illness, or other physiological impairment; or any behavioral impairment that impedes or interferes with duties performed by a law enforcement agency animal or an assistance animal.)
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Bill H 34 (2023-2024)Summary date: Jun 14 2023 - View Summary
Senate committee substitute to the 2nd edition adds the following content.
Amends GS 14-34.2, making it a Class E felony (currently, a Class F felony) to commit an assault with a deadly weapon (currently, assault with a firearm or other deadly weapon) upon a governmental officer or employee, a company police officer, or a campus police officer in the performance of an official duty.
Amends GS 14-34.5(a1) to make the felony described in that statute (concerning assault with a firearm on members of the NC National Guard) into a Class D felony (currently, Class E felony).
Amends GS 14-34.7 to make the felonies listed in subsections (a), (a1), and (b), concerning assaults inflicting serious bodily injury on listed law enforcement, probation, and parole officers, National Guard members, and detention facility employees, into Class E felonies (currently, Class F felonies). Makes the felony in subsection (c), concerning assaults inflicting physical injury on those same categories of individuals into a Class H felony (currently, Class I felony).
Amends GS 14-32 making it a Class D felony for any person to assault an emergency worker with a deadly weapon and either inflict serious injury or have intent to kill. Defines emergency worker as a law enforcement officer, firefighter, emergency medical technician, or medical responder.
Makes organizational changes to account for new sections. Makes conforming changes to act’s long title.
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Bill H 34 (2023-2024)Summary date: Feb 15 2023 - View Summary
House committee substitute amends the 1st edition as follows.
Revises the definition of emergency vehicle in new GS 14-34.1A to include State or local emergency management vehicles and vehicles owned or operated by the Department of Adult Correction and the Division of Juvenile Justice of the Department of Public Safety.
Makes a technical change to the proposed changes to GS 14-34.8(b).
Makes conforming changes to the long title.
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Bill H 34 (2023-2024)Summary date: Jan 30 2023 - View Summary
Enacts GS 14-34.1A, making it a Class H felony to willfully or wantonly discharge or attempt to discharge any firearm or barreled weapon capable of discharging shot, bullets, pellets, or other missiles at a muzzle velocity of at least 600 feet per second at or into any unoccupied emergency vehicle. Defines emergency vehicle to include a vehicle of law enforcement and fire departments, ambulances, rescue squads, the National Guard, the US Armed Forces, or the Division of Adult Corrections and Juvenile Justice of the Department of Public Safety.
Amends GS 14-34.8, making it a Class I felony to intentionally point a laser at any of the specified categories of persons while that person is in the performance of his or her duties. Persons specified include law enforcement officers; probation officers; parole officers; certain detention facility, youth development center, or correctional institution employees; firefighters; emergency medical technicians/providers; National Guard members; US Armed Forces members; and certain court counselors (previously, intentionally pointing a laser at a law enforcement officer was an infraction; other specified persons were not included in the statute, and the precondition that the persons be in the performance of his or her duty was not included). Additionally, makes it a Class A1 misdemeanor to intentionally point a laser at a law enforcement agency animal or a search and rescue animal while the animal is in the performance of its duty. Makes conforming changes.
Applies to offenses committed on or after December 1, 2023.
Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO INCREASE THE PUNISHMENT FOR DISCHARGING OR ATTEMPTING TO DISCHARGE A FIREARM AT OR INTO AN UNOCCUPIED EMERGENCY VEHICLE AND TO INCREASE THE PUNISHMENT FOR POINTING A LASER DEVICE AT A LAW ENFORCEMENT OFFICER OR OTHER EMERGENCY PERSONNEL WHEN THE PERSON OR ANIMAL IS IN THE PERFORMANCE OF HIS OR HER DUTIES.