Bill Summary for H 152 (2017-2018)

Summary date: 

Feb 21 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 152 (Public) Filed Tuesday, February 21, 2017
AN ACT TO CREATE THE CRIMINAL OFFENSE OF FELONIOUS ASSAULT AS A HATE CRIME, TO EXPAND THE POPULATION PROTECTED BY CURRENT MISDEMEANOR HATE CRIMES, AND TO AMEND THE AGGRAVATING FACTOR REGARDING HATE CRIMES TO INCLUDE PERSONS TARGETED DUE TO GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY.
Intro. by R. Moore, Gill, Harrison, Meyer.

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Bill summary

Enacts GS 14-34.11 to establish that it is a Class F felony for anyone who, because of the actual or perceived race, color, religion, nationality, country of origin, gender, sexual orientation, gender identity, or disability of another person, assaults that person and inflicts serious bodily injury to the person or attempts to assault that person and inflicts serious bodily injury to the person. Defines gender identity as actual or perceived gender-related characteristics. Defines serious bodily injury. Provides that an offense committed under this statute is a Class E felony if either (1) death results from the offense or (2) the offense includes a violation or attempted violation of the specified statutes for the offenses of kidnapping, first degree forcible rape, second degree forcible rape, first degree forcible sexual offense, or second degree forcible sexual offense. Establishes that evidence of expressions or associations of the accused cannot be introduced as substantive evidence at trial unless the evidence specifically relates to the crime charged under this statute. Clarifies that nothing in this statute affects the rules of evidence governing the impeachment of a witness.

Amends GS 14-3 to provide that if any Class 2 or Class 3 misdemeanor is committed because of the victim's actual or perceived (previously, did not clarify can be either actual or perceived) race, color, religion, nationality, country of origin, gender, sexual orientation, gender identity, or disability (previously, did not include gender, sexual orientation, gender identity or disability classifications), the offender is guilty of a Class 1 misdemeanor. Makes the same clarifications and expansions to provisions enhancing a Class A1 or Class 1 misdemeanor offense committed because of those same specified classifications to a Class H felony.

Amends GS 14-401.14 to provide that it is a Class 1 misdemeanor if a person assaults another person or damages or defaces the property of another person, or threatens to do any such act because of actual or perceived (previously, did not clarify can be either actual or perceived) race, color, religion, nationality, country of origin, gender, sexual orientation, gender identity, or disability (previously, did not include gender, sexual orientation, gender identity, or disability classifications). 

Amends GS 15A-1340.16(d)(17) to provide that it is an aggravating factor if the offense for which the defendant stands convicted was committed against a victim because of the victim's actual or perceived (previously, did not clarify can be either actual or perceived) race, color, religion, nationality, country of origin, gender, sexual orientation, gender identity, or disability (previously, did not include gender, sexual orientation, gender identity, or disability classifications). 

Effective December 1, 2017, and applies to offenses committed on or after that date.

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