Bill Summary for H 308 (2025-2026)

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Summary date: 

Mar 18 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 308 (Public) Filed Wednesday, March 5, 2025
AN ACT TO AMEND STRANGULATION PENALTIES, TO MAKE CLARIFYING CHANGES REGARDING THE MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, TO CREATE A FELONY CRIME OF HABITUAL DOMESTIC VIOLENCE, TO CLARIFY EXPUNCTIONS MAY NOT BE GRANTED FOR PERSONS WITH PENDING CHARGES, TO CLARIFY WHO MAY REQUEST CONFIRMATION OF EXPUNCTION, AND TO REMOVE THE CONCURRENT SENTENCING DEFAULT.
Intro. by Stevens.

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Bill 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.