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.)
The Daily Bulletin: 2023-06-22
Printer-friendly: Click to view
The Daily Bulletin: 2023-06-22
Intro. by Hastings, Saine, Carson Smith, Pyrtle. | GS 14 |
Senate amendment to the 4th edition makes the following changes. Inserts new Part XIV, which amends SL 2023-14, pertaining to abortion laws, as follows.
Section 14.1
Amends GS 14-23.7 (exceptions to criminal prosecution for acts against the unborn) by removing references to now repealed GS 14-45.1 (definitions of unlawful abortions) and replacing those references with provisions of new GS Chapter 90, Article 1I (Abortion Laws).
Amends GS 90-21.81A(a) (defining unlawful types of abortion), as enacted by SL 2023-14, as follows. Removes advising a miscarriage or abortion as an act that is illegal under the statute. Now specifies that it is illegal after the twelfth week of pregnancy to procure or cause a miscarriage or abortion in the State of North Carolina (previously, no reference to the state). Makes conforming changes to GS 90-21.81B (specifying when abortion is lawful), as enacted by SL 2023-14.
Amends GS 90-21.82(b)(1a) as amended by SL 2023-14 (informed consent for surgical abortions) and GS 90-21.83A(b)(2) as enacted by SL 2023-14, to add the following required information to the consent form for a surgical/medical abortion: specific information for the physician’s hospital admitting privileges, and whether the treatment or procedure to be performed is covered by the pregnant woman’s insurance (was, just the name of the physician performing the abortion).
Amends the examination duties of a physician prescribing, administering, or dispensing an abortion‑inducing drug under GS 90-21.83B, as enacted by SL 2023-14 (distribution of abortion inducing drugs and duties of physician), to verifying the probable gestational age (was, verify that the probable gestational age is no more than 70 days). Now requires the physician document the existence of an intrauterine pregnancy (was, document the intrauterine location of the pregnancy) in addition to other required documentation upon exam. Makes a technical correction.
Repeals GS 90-83C, as enacted by SL 2023-14, which requires that at least 72 hours prior to any medical or surgical abortion performed in accordance with Article 1I, the physician providing the abortion‑inducing drug, performing the surgical abortion, or conducting any other appointment where an abortion is to be induced or performed must provide the pregnant woman the physician's full name and specific information for the physician's hospital admitting privileges and whether the treatment or procedure to be performed is covered by the pregnant woman's insurance.
Amends GS 90-21.85(a) (general requirement of real time view prior to performing an abortion) to change statutory cross-reference from now repealed GS 14-45.1 to GS 90-21.81B (describing when abortion is lawful).
Amends GS 131E-269 (authorization to charge fee for certification of facilities suitable to perform abortions) to change statutory cross-reference from now repealed GS 14-45.1 to GS 90-21.81C (pertaining to abortion reporting, objection, and inspection requirements).
Amends GS 90-21.93, as enacted by SL 2023-14 (pertaining to required reporting to the Department of Health and Human Services [DHHS] by a physician or healthcare provider performing a surgical or medical abortion) to change the time such report must be sent for a minor to DHHS and the Division of Social Services from within three days to within 30 days.
Effective July 1, 2023.
Part XV.
Makes conforming changes to the act’s effective date.
Intro. by Potts. | GS 7B, GS 14, GS 90, GS 90A, GS 108A, GS 108D, GS 110, GS 111, GS 115C, GS 122C, GS 130A, GS 131D, GS 131E, GS 143, GS 143B |
Senate committee substitute to the 2nd edition makes the following changes.
Changes the effective date of the existing provisions of the act from July 1, 2023, to August 1, 2023.
Adds the following content.
Section 2
Amends GS 90-95 (pertaining to penalties for certain opioid-related crimes) to set forth higher monetary fines for violations of trafficking in opium, opiate, opioid, or heroin as follows. If the amount is between 4 and 14 grams (a Class F felony) and the controlled substance is heroin, fentanyl, or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances, increases fine to $500,000. Fine remains no less than $50,000 for any other controlled substance violations under GS 90-95 that would be classified as a Class F felony. If the amount is between 14 and 28 grams (a Class E felony) and the controlled substance is heroin, fentanyl, or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances, increases fine to $750,000. Fine remains no less than $100,000 for any other controlled substance violations under GS 90-95 that would be classified as a Class E felony. If the amount is 28 grams or more (a Class C felony) and the controlled substance is heroin, fentanyl, or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances, increases fine to $1 million. Fine remains no less than $500,000 for any other controlled substance violations under GS 90-95 that would be classified as a Class C felony. Effective December 1, 2023, and applies to offenses committed on or after that date.
Section 3
Enacts new subsection GS 14-18.4(a1), setting forth offense of death by distribution through unlawful delivery of certain controlled substances as a Class C felony when (1) the person unlawfully delivers at least one certain controlled substance, (2) the ingestion of the certain controlled substance or substances causes the death of the user, and (3) the unlawful delivery of those controlled substance(s) proximately caused the victim’s death. Sets forth separate offense of death by distribution through unlawful delivery with malice of certain controlled substances as a Class B2 felony when the person meets the three elements discussed above, but also acts with malice, enacted as GS 14-14.4(a2).
Amends GS 14-18.4(b) to change name of subsection title to Death by Distribution Through Unlawful Sale of Certain Controlled Substances, and GS 14-18.4(c) to change name of subsection title to Aggravated Death by Distribution Through Unlawful Sale of Certain Controlled Substances. Makes conforming changes throughout to reflect new title changes. (Currently, subsections are entitled Death by Distribution of Certain Controlled Substances, and Aggravated Death by Distribution of Certain Controlled Substances, respectively.) Deletes the requirement that the person did not act with malice as an element of each offense. For Aggravated Death by Distribution through Unlawful Sale of Certain Controlled Substances and other offenses, increases the lookback time for previous identical or similar convictions from 7 years to 10 years. Specifies that violation of GS 14-18.4(b) is a Class B2 felony (was, Class C), and violation of GS 14-18.4(c) is a Class B1 felony (was, B2).
Amends GS 14-17 as follows. Deletes language making it second degree murder and a Class B2 felony if the murder is one that was proximately caused by the unlawful distribution of any opium, opiate, or opioid; any synthetic or natural salt, compound, derivative, or preparation of opium, opiate, or opioid; cocaine or other substance described as a Schedule II controlled substance in GS 90-90(1)d.; methamphetamine; or a depressant described as a Schedule IV controlled substance in GS 90-92(a)(1), and the ingestion of such substance caused the death of the user. Makes conforming changes to account for deletion.
Effective December 1, 2023, and applies to offenses committed on or after that date.
Section 4
Amends GS 90-96.2, the Good Samaritan law’s grant of limited immunity, by granting limited immunity from prosecution under GS 90-95 for a person who has possession of less than one gram of any controlled substance (was, only less than one gram of cocaine or heroin). Applies to offenses committed on or after December 1, 2023.
Section 5
Creates a Task Force on Enforcement of Fentanyl and Heroin Drug Violations (Task Force), consisting of specified individuals, to study ways to enhance the ability of law enforcement throughout the State to combat the illegal manufacturing, importation, and distribution of fentanyl, heroin, and other similar controlled substances. Specifies composition of Task Force membership. Specifies meeting and quorum requirements. Allows for meeting space, per diem, and necessary travel and subsistence expenses for Task Force members. Specifies that legislative staff may be made available to assist the Task Force upon the approval of the Legislative Services Commission. Requires the Task Force to submit an interim report to the 2023 General Assembly when it reconvenes in 2024 and a final report, including findings and recommendations, to the 2025 General Assembly. Specifies that the Task Force terminates after filing its final report.
Makes conforming changes to the act's title.
House committee substitute to the 2nd edition makes the following changes. Amends new GS 90-113.151 (truth in marketing) (c) and (d), which set out unlawful activities by specifying in each listed act that it must be done knowingly and with the intent to defraud any person. Makes it unlawful to knowingly make a materially false or misleading statement (was, to suggest or imply) that a relationship with a treatment provider exists, with the intent to defraud another person, unless the treatment provider has provided express, written consent to indicate such a relationship. Makes conforming changes
Amends new GS 90-113.152 (patient brokering and kickbacks) to also require that the specified unlawful acts be done knowingly (was, liability under the statute exists regardless of whether the person has actual knowledge of this statute or specific intent to commit a violation of the statute).
Intro. by Reeder, Chesser, K. Baker. | GS 90 |
Senate committee substitute to the 1st edition makes the following changes.
Section 2.
Requires the Department of Health and Human Services, through its Division of Health Service Regulation (DHHS) to adopt temporary and permanent radon proficiency program approval rules that meet four listed criteria, including approval of a radon proficiency program that meets either of the following criteria: (1) establishes compliance and periodic reaccreditation with the international program approval standard through accreditation by a recognized accreditation body or (2) demonstrates to the satisfaction of DHHS in a manner it may specify that the program meetings the following requirements: (i) establishment of a board with members from various private and public sector stakeholders to make decisions regarding curriculum, testing, instructor qualifications, quality assurance and control, continuing education requirements, and procedures for the handling of complaints; (ii) minimum training requirements for radon professional certification; (iii) examination requirements; (iv) continuing education requirements; (v) submission of instruction qualifications demonstrating relevant knowledge and experience; and (vi) submission to regular audits regarding proper handling of risk, impartiality, and candidate records. Provides for an approval process that includes time to engage in corrective actions before an approval is revoked or resubmission of an application for a new program is required. Defines International Program Approval Standard, ISO/IEC, Radon professional, Radon proficiency program approval rules, and recognized accreditation body. Specifies that the rules required by the act are not subject to review by the rules commission under the APA. Applies the APA’s effective date provisions triggered when 10 or more written objections are received to the rule (GS 150B-21.3). Specifies that Radon proficiency programs currently operating and included in public listings of programs by DHHS at any time after January 1, 2020, are deemed to be an approved radon proficiency program under the act until DHHS has adopted permanent rules and has approved or denied approval of the program under those rules.
Section 3.
Amends GS 87-21(b)(3) (licensure requirements for plumbing and heating contractors) to require that the State Board of Examiners of Plumbing, Heating, and Fire Sprinkler Contractors accept evidence that a licensee has maintained a license in good standing for a minimum of fifteen years in the State as experience for plumbing and heating as evidence of experience for plumbing and heating qualifications. Effective July 1, 2023.
Makes organizational changes to account for new sections and conforming changes to the long title of the act.
Senate amendment to the 4th edition makes the following changes.
Expands the information that must be disclosed under GS 15A-1469 to include all information required by GS Chapter 15A, Article 48 (pertaining to discoverable evidence in a criminal proceeding in superior court) as if the parties have requested in writing that the other party comply with a discovery request (was, any evidence the DA or claimant's counsel intends to introduce at the hearing). Deems the Innocence Inquiry Commission (Commission) file disclosed. Provides that the statute does not prevent the three-judge panel from setting an earlier disclosure deadline or the parties from agreeing to provide earlier disclosure. Now requires good cause be shown (was, good cause as determined by the three-judge panel) for evidence not timely disclosed to be deemed admissible. Maintains other changes made to the statute in the previous edition.
Intro. by Pyrtle. | GS 15A |
Senate committee substitute to the 4th edition makes the following changes.
Amends GS 90-21.152 by amending the conditions that must be met in order for a medical professional to be allowed to continue or complete a course of treatment for a minor that includes a surgical gender transition procedure, or the administration of puberty-blocking drugs or cross-sex hormones, to require that the course of treatment have commenced before August 1 (was, October 1), 2023.
Changes the effective date for new Article 1N (Gender Transition Procedures on Minors) and new GS 143C-6-5.6 (limitation on use of State funds for gender transition procedures) from October 1 to August 1, 2023.
Senate committee substitute to the 4th edition makes the following changes. Amends GS 15A-533(h) (right to pretrial release in capital and noncapital cases) to permit a magistrate to set conditions of pretrial release at any time if the new offense is a violation of GS Chapter 20 (motor vehicle violations) unless the new offense is an alleged violation of GS 20-138.1 (impaired driving), GS 20-138.2 (impaired driving in commercial vehicle), GS 20-138.2A (operating a commercial vehicle after consuming alcohol), GS 20-138.2B (operating a school bus, school activity bus, child care vehicle, ambulance, other EMS vehicle, firefighting vehicle, or law enforcement vehicle after consuming alcohol), GS 20-138.5 (habitual impaired driving) or GS 20-141.4 (felony and misdemeanor death by vehicle, felony serious injury by vehicle, aggravated offenses, repeat felony death by vehicle).
The Daily Bulletin: 2023-06-22
House amendment to the 2nd edition adds the following.
Amends GS 146-30 by requiring the proceeds from the sale or lease of land or facilities owned by the Department of Public Safety (DPS) or owned by the State and solely maintained by DPS to be deposited in a capital improvement account to the credit of DPS to make improvements on or to property owned by DPS or owned by the State and solely maintained by DPS. Makes expenditures from this account subject to approval by the Office of State Budget and Management.
Senate committee substitute to the 2nd edition adds the following content.
Amends GS 78A-36 to prohibit a securities salesman from registering with more than one dealer unless each of the dealers which employs or associates the salesman is under common ownership or control (previously, no exception was given to the prohibition on registering with more than one dealer). Makes conforming changes to the act's long title.
The Daily Bulletin: 2023-06-22
The Daily Bulletin: 2023-06-22
House committee substitute to the 2nd edition makes the following changes.
Deletes Part II of the act that made changes to Nash County satellite annexations. Makes other technical changes. Makes conforming changes to the act's titles.
Intro. by Jarvis. | Davidson |
Actions on Bills: 2023-06-22
H 34: PROTECT THOSE WHO SERVE AND PROTECT ACT.
H 38: EDUCATION OMNIBUS CHANGES. (NEW)
H 147: IMPAIRED DRIVING LAW REVISIONS.
H 148: DRIVING/REDUCE LEGAL BAC LEVEL.
H 168: DNCR AGENCY BILL.-AB
H 186: JUV JUST MODS/DOI EXPENSES/TECH CHANGES. (NEW)
H 190: DEPT. OF HEALTH AND HUMAN SERVICES REVISIONS.-AB
H 192: 2023 WILDLIFE RESOURCES CHANGES.-AB
H 211: DWI SENTENCING/MITIGATING FACTORS.
H 258: NOVEL OPIOID CONTROL ACT OF 2023.
H 344: MENTAL HEALTH LIC. FAIR PRACTICE STDS. (NEW)
H 387: MEDAL OF VALOR AWARD FOR FIRST RESPONDERS. (NEW)
H 415: STOP ADDICTION FRAUD ETHICS ACT OF 2023.
H 455: EXPEDITE WATER/WASTEWATER FRANCHISE TRANSFER.
H 488: CODE COUNCIL REORG. AND VAR. CODE AMEND.
H 574: FAIRNESS IN WOMEN'S SPORTS ACT.
H 605: SCHOOL THREAT ASSESSMENT TEAMS.
H 608: SAFETY REQUIREMENTS FOR ELEVATORS.
H 611: MODIFY TRAINING/STANDARDS COMMISSIONS POWER.
H 618: CHARTER SCHOOL REVIEW BOARD.
H 627: ON-SITE WASTEWATER RULES IMPLEMENTATION.
H 652: HONOR ANNIE BROWN KENNEDY.
H 750: ADDRESS ESG FACTORS.
H 782: CODE EXEMPTION FOR TEMP. MOVIE SETS.
H 790: INNOCENCE INQUIRY COMMISSION PROVISIONS.
H 808: GENDER TRANSITION/MINORS. (NEW)
H 813: THE PRETRIAL INTEGRITY ACT.
H 852: THE REP. BECKY CARNEY CARDIAC ARREST ACT.
S 44: MOBILE SALONS/COSMETIC SERVICES AT WEDDINGS. (NEW)
S 45: CADC SUPERVISION REQUIREMENTS.
S 99: BOND REFERENDUM TRANSPARENCY.
S 171: DEPARTMENT OF PUBLIC SAFETY AGENCY BILL.-AB
S 176: CONSUM. IN CRISIS PROTECT. ACT./ESOPs MIN. BUS. (NEW)
S 195: UNC OMNIBUS.
S 246: PROPERTY OWNERS PROTECTION ACT.
S 274: SENIOR CARE OPTIONS. (NEW)
S 299: REIMBURSE LATE AUDIT COSTS WITH SALES TAX REV.
S 329: RETAIL INSTALLMENT SALES ACT AMENDMENTS.
S 331: CONSUMER FINANCE ACT AMENDMENTS.
S 364: NONDISCRIMIN & DIGNITY IN STATE WORK. (NEW)
S 382: DISASTER RELIEF-3/BUDGET/VARIOUS LAW CHANGES. (NEW)
S 389: PARENT CONSENT TO DONATE BLOOD/TECH CORRECT. (NEW)
S 411: VARIOUS EDUCATION CHANGES. (NEW)
S 425: HHS OMNIBUS. (NEW)
S 507: CHIROPRACTIC PRECEPTORSHIP MODIFICATIONS.
S 552: MODIFICATIONS TO NOTARY PUBLIC ACT.
S 626: MODIFY HUMAN TRAFFICKING AND RIOT LAWS. (NEW)
S 631: MINOR GENDER TRANS. PROC./PUBLIC PROVIDERS. (NEW)
S 722: CHILD CARE FLEXIBILITIES.
S 747: ELECTIONS LAW CHANGES.
S 749: NO PARTISAN ADVANTAGE IN ELECTIONS.
Actions on Bills: 2023-06-22
H 419: YOUNGSVILLE CHARTER REVISED & CONSOLIDATED.
H 438: FRANKLIN/GRANVILLE RECOGNIZED COMMON BOUNDARY.
S 120: SWAIN COUNTY OCCUPANCY TAX RATE INCREASE.
S 132: EARLY VOTING SITES/HELENE COUNTIES. (NEW)
S 154: OMNIBUS OCCUPANCY TAX CHANGES. (NEW)
S 162: YANCEY COUNTY OCCUPANCY TAX INCREASE.
S 169: LOCAL OMNIBUS CHANGES. (NEW)
S 255: IREDELL COUNTY OCCUPANCY TAX MODIFICATIONS.
© 2025 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.