IMPLEMENT CONNER'S LAW. (NEW)

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View NCGA Bill Details2019-2020 Session
House Bill 425 (Public) Filed Thursday, March 21, 2019
AN ACT TO IMPLEMENT CONNER'S LAW.
Intro. by Faircloth, McNeill, Ross, Boles.
Status: Ch. SL 2020-86 (Jul 2 2020)

SOG comments (1):

Long title change

Submitted by ddecamillis@sog... on

Senate committee substitute to the 3rd edition changed the long title.  Original title was AN ACT TO INCREASE THE PUNISHMENT FOR A CHARGE OF ASSAULTING A LAW ENFORCEMENT OFFICER, PROBATION OFFICER, OR PAROLE OFFICER THAT IS DISCHARGING OR ATTEMPTING TO DISCHARGE THE OFFICER'S DUTIES AND WHERE SERIOUS BODILY INJURY IS INFLICTED AND TO CREATE A RELATED CRIMINAL CHARGE FOR INSTANCES WHEN AN OFFICER'S SERIOUS BODILY INJURY IS CAUSED BY AN INDIVIDUAL RESISTING, DELAYING, OR OBSTRUCTING THE OFFICER.

Bill History:

H 425/S.L. 2020-86

Bill Summaries:

  • Bill H 425 (2019-2020)
    Summary date: Jul 2 2020 - View Summary

    AN ACT TO IMPLEMENT CONNER'S LAW. SL 2020-86. Enacted July 2, 2020. Effective July 1, 2020.

    Courts/Judiciary, Criminal Justice, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of State Treasurer, State Government, State Personnel
    APPROP
  • Bill H 425 (2019-2020)
    Summary date: Jun 17 2020 - View Summary

    Senate committee substitute deletes the contents of the 3rd edition and replaces it with the following: 

    Transfers $1.2 million in nonrecurring funds for the 2020-21 fiscal year from the Statewide Misdemeanant Confinement Fund to the Department of State Treasurer. Appropriates the transferred funds are to pay benefits provided under Conner's Law, SL 2019-228.  

    Reenacts and incorporates by reference the State Budget Act, GS Chapter 143C.  Provides for the continued validity of 2019 legislation appropriating funds to entities covered by the act, unless expressly repealed or amended. 

    Changes the act's titles.

    Effective July 1, 2020. 

     

    Courts/Judiciary, Criminal Justice, Government, Budget/Appropriations, Public Safety and Emergency Management, State Agencies, Department of State Treasurer, State Government, State Personnel
    APPROP
  • Bill H 425 (2019-2020)
    Summary date: Apr 25 2019 - View Summary

    House committee substitute to the 2nd edition makes the following changes.

    Further amends GS 14-34.7, concerning assaults on a law enforcement officer, probation officer, parole officer, National Guard member, or detention facility employee, and GS 14-223, concerning resisting officers. Now establishes that it is an affirmative defense to prosecution under either statute that the conduct giving rise to the charge was the result of a mental health or behavioral health disability (previously, prohibited prosecution of conduct resulting from a verifiable diagnosis made by a qualified behavioral health professional of a medical condition or a mental health or behavioral health disability). Additionally, clarifies that no law enforcement officer who charges a person for an offense under either statute is subject to civil liability so long as the officer was acting in good faith (previously, limited civil immunity to an officer who charges a person in good faith who is thereafter determined to be subject to the proposed mental health/behavioral health disability exception). 

    Modifies the proposed punishments for resisting officers under GS 14-223 to make it a Class A1 misdemeanor rather than a Class H felony to willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge a duty of his or her office if the person inflicts physical injury on the officer. 

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Safety and Emergency Management
    GS 14
  • Bill H 425 (2019-2020)
    Summary date: Apr 3 2019 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Further amends GS 14-34.7 concerning assaults on a law enforcement officer, probation officer, parole officer, National Guard member, or detention facility employee. Excepts from prosecution conduct resulting from a verifiable diagnosis made by a qualified behavioral health professional of a medical condition or a mental health or behavioral health disability. Provides limited civil immunity to an officer who charges a person in good faith who is thereafter determined to be subject to the new exception. Makes conforming changes to the statute's title. Further amends GS 14-223, concerning resisting officers, to enact identical provisions regarding exceptions from prosecution for conduct arising from such verifiable diagnoses as described in GS 14-34.7, as amended. Makes conforming changes to the statute's title.

    Specifies that the act applies to offenses committed on or after December 1, 2019.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Safety and Emergency Management
    GS 14
  • Bill H 425 (2019-2020)
    Summary date: Mar 21 2019 - View Summary

    Amends GS 14-34.7 to increase the penalty for assaulting a law enforcement officer, probation officer, or parole officer while the officer is discharging or attempting to discharge his or her official duties and inflicting serious bodily injury on the officer from a Class F felony to a Class E felony.

    Amends GS 14-223 by deleting the current Class 2 misdemeanor for resisting an officer and replaces it with the following. Willfully and unlawfully resisting, delaying, or obstructing a public officer in discharging or attempting to discharge a duty of his or her office is punishable as: (1) a Class E felony if the person inflicts serious bodily injury on the officer, (2) a Class H felony if the person inflicts physical injury on the officer, or (3) a Class 2 misdemeanor for any other violation of the statute. 

    Effective December 1, 2019.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Government, Public Safety and Emergency Management
    GS 14
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