Bill Summary for S 429 (2025-2026)

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Summary date: 

Mar 25 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 429 (Public) Filed Monday, March 24, 2025
AN ACT TO SET LIMITS ON MOTIONS FOR APPROPRIATE RELIEF IN NONCAPITAL CASES; TO BAN HEMP-DERIVED CONSUMABLE PRODUCTS FROM SCHOOL GROUNDS; TO CREATE A NEW CRIMINAL OFFENSE FOR EXPOSING A CHILD TO A CONTROLLED SUBSTANCE; TO INCREASE THE PUNISHMENT FOR POSSESSING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY; TO REVISE LAWS PERTAINING TO THE DISCLOSURE AND RELEASE OF AUTOPSY INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE CHIEF MEDICAL EXAMINER; TO INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF SOLICITATION OF MINORS BY COMPUTER; TO REVISE THE LAW GOVERNING THE GRANTING OF IMMUNITY TO WITNESSES; TO REQUIRE CERTAIN PETITIONS PERTAINING TO SEX OFFENDER REGISTRATION BE PLACED ON THE CRIMINAL DOCKET; TO CLARIFY THE STANDING OF DISTRICT ATTORNEYS IN CERTAIN CASES; TO ALLOW PERSONS OUTSIDE OF THIS STATE TO FILE FOR A DOMESTIC VIOLENCE PROTECTION ORDER; TO REVISE THE REQUIREMENT UNDER THE CRIME VICTIMS COMPENSATION ACT THAT CRIMINALLY INJURIOUS CONDUCT BE REPORTED TO LAW ENFORCEMENT WITHIN SEVENTY-TWO HOURS OF ITS OCCURRENCE; TO REVISE THE CRIMINAL OFFENSE OF SECRETLY PEEPING INTO ROOM OCCUPIED BY ANOTHER PERSON; TO REVISE THE LAW PROHIBITING SEXUAL ACTIVITY BY A SUBSTITUTE PARENT OR CUSTODIAN TO INCLUDE RELIGIOUS ORGANIZATIONS OR INSTITUTIONS; TO ESTABLISH AN OFFENSE FOR WRONGFULLY ENTERING A PART OF A BUILDING NOT OPEN TO THE PUBLIC; TO ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS; TO REVISE THE ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT CARDS; TO ALLOW UNLICENSED LAW SCHOOL GRADUATES TO PRACTICE LAW UNDER SUPERVISION; TO CLARIFY THAT FELONY SCHOOL NOTIFICATIONS ARE LIMITED TO CLASS A THROUGH CLASS E FELONIES; TO ALLOW THE TRANSFER OF BIOLOGICAL EVIDENCE BACK TO THE COLLECTING AGENCY FOR PRESERVATION; TO REVISE THE LAW GOVERNING THE RECORDING OF COURT PROCEEDINGS; TO INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF FAILURE TO YIELD THAT RESULTS IN SERIOUS BODILY INJURY; AND TO INCREASE THE PENALTY FOR FAILURE TO YIELD THE RIGHT-OF-WAY TO A BLIND OR PARTIALLY BLIND PEDESTRIAN.
Intro. by Britt, B. Newton, Daniel.

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Bill summary

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 (was, noncapital defendant may seek appropriate relief at any time after verdict). Makes a conforming change to GS 15-1419(a)(4). Applies to verdicts entered on or after December 1, 2025.

Section 2

Modifies GS 115C-407 (school policies prohibiting tobacco on school grounds) as enacted by the above, as follows. Changes the entity responsible for adopting such written policies from the local boards of education to the governing bodies of public school units. Removes duties to implement and enforce such policies. Removes outdated language. Makes conforming changes, including to the Article’s title; makes conforming changes to SL 2018-32, Section 6(d).

Enacts new GS 115C-407.1 (policy prohibiting the use of hemp-derived consumable products in school buildings, grounds, and at school sponsored events), as follows. Defines hemp-derived consumable product as a hemp product that is a finished good intended for human ingestion or inhalation that contains a delta-9 THC concentration of not more than 0.3% on a dry weight basis but may contain concentrations of other hemp-derived cannabinoids in excess of that amount; excludes hemp products intended for topical application or seeds or seed-derived ingredients that are generally recognized as safe by the United States Food and Drug Administration (FDA).

Requires governing bodies of public school units to adopt a written policy prohibiting at all times the use of any hemp-derived consumable product by any person in school buildings, in school facilities, on school campuses, and in or on any other school property owned or operated by the public school unit. Requires the policy to further prohibit the use of all hemp-derived consumable products by persons attending a school-sponsored event at any other location when in the presence of students or school personnel or in an area where the use of hemp-derived consumable products is otherwise prohibited by law. Requires the policy to include at least the following: (1) adequate notice to students, parents, the public, and school personnel of the policy; (2) posting of signs prohibiting at all times the use of hemp-derived consumable products by any person in and on school property; and (3) requirements that school personnel enforce the policy.

Authorizes hemp-derived consumable products to be included in instructional or research activities in public school buildings if the activity is conducted or supervised by the faculty member overseeing the instruction or research and the activity does not include smoking, chewing, or otherwise ingesting or inhaling the hemp-derived consumable product. Specifies that local school units can adopt and enforce a more restrictive policy on the hemp-derived consumable products in school buildings, in school facilities on school campuses, or at school-related or school-sponsored events, and in or on other school property.

Amends the following, requiring the specified kind of school to adopt policies prohibiting the use of tobacco and hemp-derived consumable products in school buildings, grounds, or school buses or school transportation service vehicles, and at school-sponsored events in accordance with Article 29A: (1) GS 115C-218.75 (charter school); GS 115C-238.66 (regional school); GS 115C-150.12C (schools for deaf and blind students); and GS 116-239.8 (laboratory schools).

Applies beginning with the 2026-27 school year.

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. Specifies that these punishments apply unless the conduct is covered by some other law providing greater punishment. Applies to offenses committed on or after December 1, 2025.

Section 4

Amends GS 14-415.1 as follows. Makes it unlawful for any person who is prohibited pursuant to GS 14-415.1 (general prohibition on possession of firearms by felon) from possessing a firearm or a weapon of mass death and destruction to possess a firearm or weapon of mass death and destruction during the commission or attempted commission of certain felonies. Specifies that unless the conduct is covered under some other provision of law providing a greater punishment, a person who violates the section is guilty of the following: a Class C felony if the person discharges the firearm or weapon of mass death and destruction during the commission or attempted commission of the felony; a Class D felony if the person brandishes the firearm or weapon of mass death and destruction during the commission or attempted commission of the felony; and a Class F felony for any other violations during the commission or attempted commission of a felony.

Effective December 1, 2025, and applies to offenses committed on or after that date.

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 make 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

Amends GS 14-202.3 by increasing the punishment for solicitation of a minor by computer as follows: (1) from a Class H to a Class E felony; and (2) from a Class G to a Class C felony when the defendant, or a person for whom the defendant was arranging the meeting, actually appears at the meeting location. Applies to offenses committed on or after December 1, 2025.

Section 7

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 8

Amends GS 14-208.12A, concerning a request for termination of registration as a sex offender to require the clerk, when they receive the petition to terminate the registration, to collect the applicable filing fee and place the petition on the criminal docket, to be calendared by the district attorney. Makes the same changes to GS 14-208.12B, applicable when registration is due to an out-of-state or federal offense. Applies to petitions filed on or after December 1, 2025.

Section 9

Amends GS 50B-2 to allow person seeking relief for acts occurring in this state and the defendant resides in this State to file for a domestic violence protection order. Applies to civil actions or motions filed on or after December 1, 2025.

Section 10

Amends GS 15B-11 to allow compensation to be denied under the North Carolina Crime Victims Compensation Act if the criminally injurious conduct was not reported within six months (was, 72 hours) of occurrence, and there was no good cause for the delay.

Section 11

Amends GS 14-202, making secretly peeping into a room occupied by another person a Class 1 misdemeanor, by removing the current Class I felony for secretly and surreptitiously using any device to create a photo of another person underneath or through their clothing by that person for the purpose of viewing their body or undergarments, without their consent. Instead, makes it a Class I felony, unless covered by another law providing greater punishment, for a person, with the intent to create a photo of a private area of an individual without their consent, to knowingly do so under circumstances in which the individual has a reasonable expectation of privacy. Defines private area of an individual, and under circumstances in which that individual has a reasonable expectation of privacy; amends the definition of room to also include a dressing stall, cubicle, or similar area designed to provide privacy. Makes conforming changes. Applies to offenses committed on or after December 1, 2025.

Section 12

Amends GS 14-27.31 by making it a Class E felony for a religious organization or institution that has custody of a victim of any age or a person who is their agent or employee, to engage in vaginal intercourse or a sexual act with a victim in their custody. Applies to offenses committed on or after December 1, 2025.

Section 13

Adds new offense pertaining to larceny of gift cards (GS 14-72.12) if a person does any of the following:

  1. Acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder or card issuer.
  2. Obtains a gift card or gift card redemption information from a cardholder or card issuer by means of false or fraudulent pretenses, representations, or promises.
  3. Alters or tampers with a gift card or its packaging with intent to defraud another.

Sets violation of GS 14-72.72 as a Class H felony unless the value of the gift card is $1,000 or less, then violation is a Class 1 misdemeanor.  

Adds defined terms gift card, gift card issuer, gift card value, and gift card redemption information to GS 14-86.5. Makes organizational changes.

Adds the following acts to the offense of organized retail theft under GS 14-86.6:

  • Conspiring with another person to acquire or retain possession of a gift card or gift card redemption information without the consent of the cardholder or card issuer.
  • Devising a scheme with one or more persons to obtain a gift card or gift card redemption information from a cardholder or card issuer by means of false or fraudulent pretenses, representations, or promises.
  • Conspiring with another person to alter or tamper with a gift card or its packaging with intent to defraud another.

Makes conforming changes to listed punishments and multiple theft provisions of GS 14-86.6(a2), with punishment varying from a Class H to Class C felony based on the value of the gift card, to account for new gift card offenses under GS 14-86.6.

Applies to offenses committed on or after December 1, 2025.

Section 14

Adds the offense of knowingly and wrongfully entering any area of a building (1) commonly reserved for personnel of a commercial business where money or other property is kept or (2) clearly marked with a sign that indicates to the public that entry is forbidden to GS 14-54 (breaking or entering buildings). Designates first offense as a Class 1 misdemeanor and subsequent offenses a Class I felony.

Applies to offenses committed on or after December 1, 2025.

Section 15

Amends GS 84-7.1 to allow law school graduates who are allowed by the NC State Bar to act as an intern for a federal, State, local government agency, or a nonprofit, to render legal services under GS 84-5.1 (rendering of legal services by certain nonprofit corporations).

Section 16

Amends GS 7B-2101 by amending three of the five conditions under which a juvenile court counsel must give the juvenile’s school principal notice, to include when: (1) the court transfers jurisdiction to the superior court under GS 7B-2200.5 or GS 7B-2200 for an offense that would be a Class A, B1, B2, C, D, or E felony if committed by an adult (previously, did not specify felony level); (2) the court dismisses the petition alleging delinquent for an offense that would be a Class A, B1, B2, C, D, or E felony (was, felony in general) if committed by an adult; and (3) the court modifies or vacates an order or disposition concerning a juvenile alleged or found delinquent for an offense that would be a Class A, B1, B2, C, D, or E felony (was, felony in general) if committed by an adult.

Section 17

Amends GS 15A-268 to allow the court to order that biological evidence be returned to collecting agency to be preserved upon request of the district attorney, clerk, and the collecting agency if the court finds that the collecting agency is better equipped to preserve the evidence, and those entities agree. Requires such evidence to be preserved until the clerk notifies the collecting agency that preservation is no longer required under the specified time frame and the require preservation period has also passed.

Section 18

Amends GS 15A-1241 to require that arguments of counsel of questions of law be recorded, upon motion of any party or upon the judge’s own motion.

Section 19

Amends GS 20-160.1 to make failure to yield that results in serious bodily injury but not death a Class 2 misdemeanor (was, only punishable by a fine), punishable by a $500 fine and revocation of the violator’s drivers license (was, suspension) for 90 days. Applies to offenses committed on or after December 1, 2025.  

Section 20

Amends GS 20-175.2 by making it a Class 2 misdemeanor to fail to yield to a blind or partially blind pedestrian. Applies to offenses committed on or after December 1, 2026.

Section 21

Includes a severability clause. Specifies that prosecutions for offenses committed before the act’s effective date are not abated or affected by the act, and the statutes that would be applicable but for the act remain applicable to those prosecutions.