THE LAW AND ORDER ACT. (NEW)

Printer-friendly: Click to view
View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 311 (Public) Filed Monday, March 17, 2025
AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT AGAINST A UTILITY OR COMMUNICATIONS WORKER; TO CREATE THE OFFENSE OF CRIMINAL POSSESSION AND UNLAWFUL SALE OF EMBALMING FLUID AND TO MAKE OTHER TECHNICAL REVISIONS; TO AMEND WORKPLACE VIOLENCE PREVENTION LAWS TO COVER MASS PICKETING; TO ESTABLISH AN OFFENSE FOR ENTERING A PART OF A BUILDING NOT OPEN TO THE PUBLIC WITH THE INTENT TO COMMIT AN UNLAWFUL ACT, TO ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS, TO REVISE THE ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT CARDS, AND TO PROVIDE CIVIL LIABILITY FOR LARCENY OF GIFT CARDS; TO ESTABLISH A CRIMINAL OFFENSE FOR POSSESSING CERTAIN EXPLOSIVE OR INCENDIARY DEVICES OR MATERIAL; TO INCREASE THE PENALTIES FOR RECKLESS DRIVING OR STREET RACING THAT CAUSES SERIOUS INJURY OR DEATH AND INCREASE PENALTIES FOR HIT AND RUN OFFENSES THAT RESULT IN DEATH; TO CREATE THE OFFENSES OF POSSESSING, BRANDISHING, OR DISCHARGING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY; TO INCREASE THE PUNISHMENT FOR LARCENY OF MAIL; TO REVISE THE OFFENSES OF FIRST AND SECOND DEGREE BURGLARY AND TO ENHANCE THE PUNISHMENT IMPOSED FOR CERTAIN BURGLARY AND BREAKING OR ENTERING OFFENSES COMMITTED BY A PERSON IN POSSESSION OF A FIREARM OR OTHER DEADLY WEAPON; TO ESTABLISH A MITIGATING FACTOR FOR CERTAIN PERSONS CHARGED WITH IMPAIRED DRIVING WHO VOLUNTARILY EQUIP AND OPERATE A MOTOR VEHICLE WITH AN IGNITION INTERLOCK SYSTEM PRIOR TO TRIAL; AND TO ENACT THE COMMERCIAL VEHICLE AND CARGO PROTECTION ACT.
Intro. by Britt, Craven, Blue.

Status: Placed On Cal For 06/23/2025 (Senate action) (Jun 20 2025)

SOG comments (2):

Identical bill

Identical to S 322, filed 3/18/25.

Long title change

Previous title was AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT AGAINST A UTILITY OR COMMUNICATIONS WORKER.

Bill History:

S 311

Bill Summaries:

  • Summary date: Jun 17 2025 - View Summary

    House committee substitute to the 2nd edition makes the following changes. Makes conforming changes to the act’s long and short titles. Makes organizational changes to account for added content and general prosecutorial savings clause (described in Part XII, below).

    Part I.

    Makes technical changes to GS 14-33 (assault against a utility worker).

    Adds the following content.

    Part II.

    Makes technical changes to GS 90-210.20 (pertaining to definitions related to the practice of funeral services). Defines embalming fluid

    Enacts GS 90-210.29C making it a criminal offense punishable as a Class I felony for a funeral director, embalmer, or resident trainee to knowingly give, sell, permit to be sold, offer for sale, or display for sale, other than for purposes within the general scope of their activities as a funeral director, embalmer, or resident trainee, embalming fluid to another person with actual knowledge that the person is not a funeral director, embalmer, or resident trainee. Requires imposition of fines of not less than $100 or more than $500 for a violation.

    Enacts GS 90-113.154, under new Article 5I (Miscellaneous Drug-Related Regulations), making it a criminal offense to (1) possess embalming fluid for any purpose other than the lawful preservation of dead human bodies by a person authorized by law to engage in such activity or the lawful preservation of wildlife by a person licensed in taxidermy pursuant to GS 113-273(k) or (2) sell, deliver, or otherwise distribute embalming fluid to another person with knowledge that the person intends to utilize the embalming fluid for any purpose other than the lawful preservation of dead human bodies by a person authorized by law to engage in such activity or the lawful preservation of wildlife by a person licensed in taxidermy pursuant to GS 113-273(k). Specifies felony classifications from Class I to Class D based on the amount of embalming fluid involved in the offense. Specifies that the statute should not be construed as prohibiting possession  by, or selling, delivering, or otherwise distributing to, funeral directors, embalmers, resident trainees or licensed taxidermists of embalming fluid for the purposes of embalming. Incorporates definitions of embalmer, embalming, embalming fluid, funeral director, and resident trainee from GS 90-210.20 into new section GS 90-113.107.

    Amends GS 90-96.2 (pertaining to limited immunity for good samaritans and overdose victims under the North Carolina Controlled Substances Act) to allow for immunity for violations of GS 90-113.107 involving less than 28 grams and that is punishable as a Class I felony.

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

    Part III.

    Makes changes throughout GS Chapter 95, Article 23 (Workplace Violence Prevention) to include employers, along with the existing references to employees, as parties who may seek a civil no-contact order under the Article. Includes mass picketing, obstructing or interfering with the entry to a place of employment, and obstructing or interfering with roads, streets, and other ways of travel to the types of unlawful conduct justifying a civil no-contact order.

    Amends GS 95-260 (Definitions) to include mass picketing, obstruction, and place of employment as defined terms for GS Chapter 95, Article 23. Amends the definition of unlawful conduct to include new subdivisions d., e., and f., which include mass picketing, obstructing the entry to a place of employment, and obstructing roads, streets, and other ways of travel.

    Amends GS 95-261 (Civil no-contact orders; persons protected), GS 95-264 (Civil no-contact order; remedy), and GS 95-266 (Permanent civil no-contact order), to include references to employer or in addition to the existing references to employees and to replace employee’s workplace with place of employment.

    Amends GS 95-262 (Commencement of action; venue) to specify that actions for civil no-contact orders must be initiated in the county where the unlawful conduct occurred, instead of any civil district court.

    Amends GS 95-271, as follows.  Adds new subsection (b), which states that nothing in the Article is intended to infringe on United States or North Carolina constitutional rights, new subsection (c), which is a severability clause, and provisions specifying that the Article does not apply to peaceful demonstrations, informational picketing, or labor activity protected by the National Labor Relations Act or by the North Carolina Constitution, including the right to assemble and protest, provided such activity does not involve violence, threats, or intentional obstruction of any place of employment's access points. Defines peaceful demonstration to include either or both of: (1) conduct which does not involve lawlessness or create a risk to property or the safety of others; (2) speech that is both directed to inciting or producing imminent lawless action and is likely to incite or produce such action. Makes a conforming change.

    Applicable to any acts or omissions occurring on or after the date it becomes law.  

    Part IV.

    Adds the offense of unlawfully entering with the intent to commit an lawful act, any area of a building that is: (1) commonly reserved for personnel of a commercial business where money or other property is kept or (2) clearly marked with a sign that indicates to the public that entry is forbidden to GS 14-54 (breaking or entering buildings). Designates first offense as a Class 1 misdemeanor and subsequent offenses a Class I felony.

    Adds new offense pertaining to larceny of gift cards (GS 14-72.12) if a person does any of the following:

    1. Acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder or card issuer.
    2. Obtains a gift card or gift card redemption information from a cardholder or card issuer by means of false or fraudulent pretenses, representations, or promises.
    3. Alters or tampers with a gift card or its packaging with intent to defraud another.

    Sets violation of GS 14-72.12 as a Class H felony unless the value of the gift card is $1,000 or less, then violation is a Class 1 misdemeanor.  

    Adds defined terms gift card, gift card issuer, gift card value, and gift card redemption information to GS 14-86.5. Makes organizational changes.

    Adds the following acts to the offense of organized retail theft under GS 14-86.6:

    • Conspiring with another person to acquire or retain possession of a gift card or gift card redemption information without the consent of the cardholder or card issuer.
    • Devising a scheme with one or more persons to obtain a gift card or gift card redemption information from a cardholder or card issuer by means of false or fraudulent pretenses, representations, or promises.
    • Conspiring with another person to alter or tamper with a gift card or its packaging with intent to defraud another.

    Makes conforming changes to listed punishments and multiple theft provisions of GS 14-86.6(a2), with punishment varying from a Class H to Class C felony based on the value of the gift card, to account for new gift card offenses under GS 14-86.6. Amends GS 1-538.2 to make any person who commits an act punishable under new GS 14-72.12 (larceny of gift cards) liable for civil damages to the property owner; also makes parents or legal guardians of unemancipated minors who commit an act punishable under new GS 14-72.12 civilly liable to the property owner if they knew or should have known of the propensity for the child to commit such an act, and had the opportunity and ability to control the child, and made no reasonable effort to correct or restrain the child.

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

    Part V.

    Make possession of an explosive or incendiary device or material with intent to violate GS 14-49 (malicious use of explosives or incendiary devices) a Class H felony. Applies to offenses committed on or after December 1, 2025.

    Part VI.

    Makes it a Class 1 misdemeanor if reckless driving in violation of GS 20-140 (reckless driving offense) causes serious injury and a Class A1 misdemeanor if it causes serious bodily injury (defined).  Applies to offenses committed on or after December 1, 2025.

    Part VII.

    Repeals GS 20-17(a)(4), which required revocation of a person’s driver's license for failure to stop and render aid in violation of GS 20-166(a) (requires stopping at the scene when the driver knows or reasonably should know that the vehicle they are operating is involved in a crash and the crash resulted in serious bodily injury or death to any person) or (b) (requires such a driver to provide specified information to the person struck or the driver or occupants of any vehicle collided with, if they are physically and mentally capable of receiving such information, and requires rendering reasonable assistance) (see new revocation provisions below).

    Amends GS 20-141.3, which makes street racing illegal, to increase the penalty to a Class H felony if the speed competition causes serious injury, with drivers license revocation for four years (with the ability to apply for a new license after three years from revocation); and to a Class G felony if the speed competition causes a serious bodily injury or death, with permanent revocation of the person’s driver’s license (with the ability to apply for a new license after seven years from revocation). Specifies that when a license is permanently revoked, the DMV’s restrictions and conditions on the new license may not exceed three years. Makes it a Class 1 misdemeanor for any person to place or receive a bet or other thing of value from the outcome of any prearranged speed competition on a public street, highway, or thoroughfare. Makes additional organizational, conforming, and technical changes.

    Specifies, in GS 20-166 (duty to stop in the event of a crash) that the court must sentence the defendant in the aggravated range of the appropriate Prior Record Level if the crash results in the death of another person. Revokes the driver’s license of a person convicted of the Class F felony set forth in GS 20-166(a) for four years, allowing the person to apply for a new license after three years from revocation. Permanently revokes the drivers license of a person when the crash results in the death of another person, allowing the person to apply for a new license after seven years from revocation. Specifies that persons convicted of violations of (a1) (duty to stop at the scene during a crash resulting in injury) or (b) (duty to provide driver and vehicle information, and to provide reasonable assistance) are to have their drivers licenses revoked for one year and allows them to apply for a new license after a year from revocation. Sets out criteria that must be met for issuing a new license and allows the DMV to impose terms and conditions on the new license for the balance of the revocation period. Prohibits such restrictions and conditions from exceeding three years when the revocation period is permanent. Makes additional clarifying, conforming, and technical changes. Amends GS 20-179.63 to make a person whose driving privilege was forfeited under GS 20-166(a1) or (b) eligible for a limited driving privilege if specified conditions are met. Applies to offenses committed on or after December 1, 2025.

    Part VIII.

    Amends GS 14-415.1 as follows. Makes it unlawful for any person who is prohibited pursuant to GS 14-415.1 (general prohibition on possession of firearms by felon) from possessing a firearm or a weapon of mass death and destruction to possess a firearm or weapon of mass death and destruction during the commission or attempted commission of certain felonies. Specifies that unless the conduct is covered under some other provision of law providing a greater punishment, a person who violates the section is guilty of the following: a Class C felony if the person discharges the firearm or weapon of mass death and destruction during the commission or attempted commission of the felony; a Class D felony if the person brandishes the firearm or weapon of mass death and destruction during the commission or attempted commission of the felony; and a Class F felony for any other violations during the commission or attempted commission of a felony.

    Effective December 1, 2025, and applies to offenses committed on or after that date.

    Part IX.

    Amends GS 14-72, concerning larceny of property and receiving or possessing stolen goods, to provide what when the larceny or receipt or possession of stolen goods is of mail (as defined), then the person will be sentenced at one class level higher than the principal offense for which the person was convicted. Applies to offenses committed on or after December 1, 2025.

    Part X.

    Specifies that first- and second-degree burglary consist of breaking and entering and the intent to commit a felony or larceny under GS 14-51 (first and second degree burglary). Makes organizational changes to the statute and technical changes to the descriptions of first-degree and second-degree burglary. Makes organizational changes and adds a sentence enhancement of one felony class higher than the principal felony underlying the person’s conviction for persons possessing a firearm or deadly weapon during the commission of an offense under GS 14-52, GS 14-53 (breaking out of a dwelling house burglary), or GS 14-54 (breaking or entering buildings generally). Requires the sentence enhancement to be plead in the indictment or information for the offense. Applies to offenses committed on or after December 1, 2025.

    Part XI.

    Amends GS 20-179(e), Mitigation Factors to Be Weighed, by enacting new subsection (6b) to provide as a new factor that the defendant (i) before trial, voluntarily equipped a designated motor vehicle with a qualifying ignition interlock system which was the only vehicle that the defendant operated for at least six months, and (ii) produced satisfactory evidence that the defendant did not start the vehicle with a greater than 0.02 alcohol concentration or commit any acts that violate the interlock policies of the Division of Motor Vehicles or otherwise violate GS 20-17.8A. Applies only where each of the following is true:

    1. The defendant was charged with an offense under GS 20-138.1 (impaired driving).
    2. The vehicle being operated by the defendant was not involved at the time of the offense in a crash resulting in the serious injury or death of a person.
    3. At the time of the offense, the defendant held either a valid driver's license or a license that had been expired for less than one year.
    4. At the time of the offense, the defendant did not have an additional unresolved pending charge involving impaired driving, or an additional conviction of an offense involving impaired driving within the five years preceding the date of the offense.
    5. At the time of the offense the person did not have an alcohol concentration of 0.15 or more.
    6. The defendant equipped the designated motor vehicle with an ignition interlock system no later than 45 days after being charged with the offense.
    7. The defendant only operated the designated motor vehicle with a limited driving privilege that is valid in this State or during a time when the defendant's driver's license was not revoked or suspended.

    Amends subsection (7) to reflect that the factor provided in subsection (6b) is exempt from the general rule that mitigation factors under GS 20-179(e) only apply where the conduct that underlies the mitigation factor must have occurred during the same transaction or occurred as the impaired driving offense.

    Amends GS 20-179.5, affordability of ignition interlock system, to make a person who voluntarily installs an ignition interlock system responsible for installation and monitoring costs. Allows a person who meets the requirements of new GS 20-179(e)(6b) a. through f., described above, but who is unable to afford the cost of an ignition interlock system, to apply for a waiver of a portion of the costs through an authorized vendor.

    Effective December 1, 2025, and applicable to offenses committed on or after that date. 

    Enacts new GS 20-219.3A making it a Class 2 misdemeanor to immobilize a commercial vehicle with a boot or similar device for the purpose of parking enforcement. Effective December 1, 2025.

    Enacts new GS 20-219.15 requiring a tower of a nonconsensual tow or a town under law enforcement direction to return any commercial cargo to the owner, upon request. Sets out provisions governing exchange of a trailer when towing a trailer containing commercial cargo.

    Part XII.

    Provides that prosecutions for offenses committed before the effective date of the act are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable to those prosecutions.


  • Summary date: Mar 25 2025 - View Summary

    Senate committee substitute to the 1st edition adds an organization, entity, or company, whether State-created or privately, municipally, county, or cooperatively owned that produced liquid petroleum, water, or wastewater to the utilities covered under GS 14-33 (making it a Class 1 misdemeanor to assault a utility or communications worker while discharging or attempting to discharge their duties as specified).


  • Summary date: Mar 17 2025 - View Summary

    Amends GS 14-33 to make it a Class 1 misdemeanor to assault a utility or communications worker while the worker is (1) readily identifiable as a worker (as defined) and (2) discharging or attempting to discharge his or her duties. Defines utility or communications worker as an employee of, agent of, or under contract with an organization, entity, or company, whether State created or privately, municipally, county, or cooperatively owned, that provides electricity, natural gas, telecommunications services, or internet access services. Makes other technical and clarifying changes.

    Specifies that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

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