House committee substitute to the 2nd edition removes provisions requiring multiple sentences to run consecutively unless specified by the court in GS 15A-1354. Instead requires the court to determine if the sentences run consecutively or concurrently and to make a finding on the record stating its reasons for its determination. Makes conforming changes to act’s long title.
Bill Summaries: H308 CRIMINAL LAW CHANGES.
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Tracking:
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Bill H 308 (2025-2026)Summary date: Apr 1 2025 - View Summary
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Bill H 308 (2025-2026)Summary date: Mar 18 2025 - View Summary
House committee substitute to the 1st edition makes the following changes. Makes technical and organizational changes, including to December 1, 2025, effective date for certain sections of the act. Makes conforming changes, including to act’s long title.
Section 2.
Makes clarifying changes to GS 15A-401(b) (concerning warrantless arrests by law enforcement).
Section 3.
Establishes crime of habitual domestic violence in new GS 14-32.6 when: (1) a person commits either misdemeanor domestic violence or an assault and (2) the person has a relationship with the victim that is one of those described as triggering the crime of misdemeanor domestic violence (e.g., a current or former spouse; parent or guardian; a current or former cohabitant; or someone with a current or former dating relationship with the victim) and (3) the person has two or more prior convictions that include any of a combination of listed offenses, with the earlier of the two prior convictions occurring no more than 15 years prior to the date of the current violation. Bars a conviction of habitual domestic violence from being used as a prior conviction for any other habitual offense statute. Designates first offense as a Class H felony with subsequent convictions to be punished at a level which is one offense class higher than the offense class of the most recent prior conviction under the statute, not to exceed a Class C felony. Applies to offenses committed on or after December 1, 2025.
Section 5.
Expands the categories of persons who can access a confidential file for expungements under GS 15A-151(a)(2) to include the attorney representing the person requesting information of the person’s own discharge or expunction. Applies to requests made on or after the act becomes law.
Section 7.
Specifies that the act is effective when it becomes law, unless otherwise provided.
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Bill H 308 (2025-2026)Summary date: Mar 5 2025 - View Summary
Section 1
Amends GS 14-32.4 as follows. Adds a new Class H felony to GS 14-32.4 for assaulting another person by strangulation (unless the conduct is covered under some other provision providing greater punishment). Adds a definition of strangulation as, impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of the person or by obstructing the nose and mouth of the person. Increases the punishment for assaulting another person and inflicting physical injury by strangulation from a Class H felony to a Class G felony (unless the conduct is covered under some other provision providing greater punishment). Makes organizational changes. Makes conforming change to statutory citation is GS 143B-1023(a) to account for reorganization of GS 14-32.4.
Section 2
Clarifies that offenses under GS 14-33 (misdemeanor assaults, batteries and affrays) are not lesser included offenses of the misdemeanor crime of domestic violence (GS 14-32.5). Now includes habitual misdemeanor domestic violence under GS 14-33.2 (habitual misdemeanor assault) if the person commits a violation of GS 14-32.5 and has two or more convictions for a violation of GS 14-32.5. Expands upon the list of misdemeanors committed out of the presence of a law enforcement officer that would allow the officer to make a warrantless arrest under GS 15A-401(b) to include misdemeanor domestic violence. Adds charges under GS 14-32.5 to the list of offenses where pre-trial release must be determined by a judge under GS 15A-534.1.
Section 3
Amends GS 15A-145 (concerning expunction of records for first offenders under the age of 18 at the time of a misdemeanor conviction), GS 15A-145.1 (expunction of records for first offenders under the age of 18 at time of conviction of certain gang offenses), GS 15A-145.2 (expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses), GS 15A-145.3 (expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapor offenses), GS 15A-145.4 (expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony), GS 15A-145.6 (expunctions for certain defendants convicted of prostitution), GS 15A-145.8A (expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence) and GS 15A-145.9 (expunctions of certain offenses committed by human trafficking victims) as follows. Prevents expunction in such cases if (1) the petitioner has outstanding warrants or pending criminal cases, is under indictment, or a finding of probable cause exists against the defendant for a felony in any federal court or state court in the United States or (2) the petitioner is free on bond or personal recognizance pending trial, appeal, or sentencing in any federal court or state court in the United States for a crime which would prohibit the person from having his or her petition for expunction under this section granted. Makes organizational changes.
Applies to petitions for expunctions filed on or after December 1, 2025.
Section 4
Requires all sentences to run consecutively unless otherwise specified by the court under GS 15A-1354 (currently, default is for sentences to run concurrently unless required by statute to run consecutively or specified as so).
Section 5
Applies to offenses committed on or after December 1, 2025.