Section 1

Sets 120-day deadline from the latest of five listed events in GS 15A-1415 for filing of postconviction motion for appropriate relief in noncapital cases (currently, noncapital defendant may seek appropriate relief at any time after verdict). Allows a defendant to file a motion for appropriate relief based on any of the grounds enumerated in GS 15A-1415 at any time if the district attorney for the prosecutorial district where the case originated consents to the filing of the motion. Makes clarifying and technical changes. Makes conforming change to GS 15-1419(a)(4). Applies to verdicts entered on or after December 1, 2025.

Section 2

Adds xylazine to the list of Schedule II controlled substances in GS 90-91, applicable to offenses committed on or after December 1, 2025. Adds kratom (defined) to the list of Schedule IV controlled substances in GS 90-94, applicable to offenses committed on or after June 1, 2026.

Section 3

Enacts new GS 14-318.7 creating the following new felonies for exposing a child to a controlled substance (defined as a controlled substance, controlled substance analogue, drug, marijuana, narcotic drug, opiate, opioid, opium poppy, poppy straw, or targeted controlled substance, all defined in GS 90-87): (1) Class H felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance; (2) Class E felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance, and as a result the child ingests the controlled substance; (3) Class D felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance and as a result the child ingests the controlled substance, resulting in serious physical injury as defined in GS 14-318.4; (4) Class C felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance and as a result the child ingests the controlled substance, resulting in serious bodily injury as defined in GS 14-318.4; and (5) Class B1 felony to knowingly, recklessly, or intentionally cause or permit a child to be exposed to a controlled substance and as a result the child ingests the controlled substance, and the ingestion is the proximate cause of the death. Exempts persons who intentionally give a child a controlled substance that has been prescribed for the child by a licensed medical professional when given to the child in the prescribed amount and manner. Applies to offenses committed on or after December 1, 2025.

Section 4

Broadens the proceedings where recording by stenographic notes or electronic means is required under GS 7A-191 to include all criminal proceedings in district court. Requires a written transcript only if a notice of appeal has been given or either party requests and provides for the cost of transcription. (Currently, recording limited to when defendant pleads guilty or no contest in district court to a Class H or I felony.) Designates such recordings as confidential. Provides for retention of records in line with retention schedule for underlying case type by the clerk of superior court. Limits disclosure of such records to listed persons including, a person in the proceeding, the defendant, the defendant’s attorney, or the DA. Provides for a special proceeding in superior court for disclosure for good cause to all other persons. Allows a party aggrieved in such a proceeding to take an appeal.

Applies to proceedings conducted on or after December 1, 2025.

Section 5

Modifies GS 130A-385 as follows. Includes documentation prepared by an autopsy center in connection with a death under criminal investigation by a public law enforcement agency in the definition of medical examiner investigation file. Adds the investigating examiner and the autopsy center to the list of those persons that must be notified by a DA or investigating law enforcement agency when their continuing disclosure obligation has terminated.

Designates records and other documents, including tests and photographs, compiled, prepared, or conducted by the Office of the Chief Medical Examiner or other listed State and local personnel in connection with a death under criminal investigation by a public law enforcement agency or during the pendency of criminal charges associated with a death, including any autopsy photographs or video or audio recordings, as records of criminal investigations pursuant to GS 132-1.4. Directs that such records may only be disclosed or released to individuals authorized to obtain copies pursuant to GS 130A-389.1 or to the persons listed in new GS 130A-385(d1), including the personal representative of the decedent’s estate. Makes violations of GS 130A-385(d1) a Class 1 misdemeanor. Provides for a special proceeding in superior court for disclosure for good cause for all other persons. Allows a party aggrieved in such a proceeding to take an appeal.

Makes technical changes. Makes conforming changes to GS 130A-389.1 (photographs and video and audio recordings made pursuant to autopsy) and GS 132-1.8 (confidentiality of photographs and video and audio recordings made pursuant to autopsy). Effective October 1, 2025.

Section 6

Removes requirement that the DA inform the Attorney General or designee of their intent to seek immunity for a testifying witness who might assert a privilege against self-incrimination in cases necessary to the public interest before the grand jury (GS 15A-1053) and court  proceedings (GS 15A-1052).  Makes technical changes. Applies to applications for immunity made on or after the date the act becomes law.

Section 7

Grants standing to the DA of the prosecutorial district standing to appear and be heard in matters where the State is a party triggering the Attorney General’s duties under GS 114-2. Makes conforming change to GS 7A-61 (duties of district attorney). Applies to appeals filed on or after the act becomes law.

Section 8

Contains severability clause. Specifies 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.