Senate committee substitute to the 1st edition makes the following changes. Makes conforming changes to act’s long title. Makes organizational changes.  

Deletes the contents of Section 1 (changes to GS 15A-1415 and GS 15-1419) and Section 2 (expanding the required policy under GS 115C-407 to also prohibit hemp-derived consumable products) in their entirety.

Section 1 (was, Section 3).

Expands the mens rea required for culpability under GS 14-318.7 (exposing a child to a controlled substance) to include acting with reckless disregard for human life. Makes clarifying changes. Exempts persons who intentionally administer a controlled substance to a child that has been prescribed to the child by a licensed medical professional when given in the prescribed manner and amount.

Section 3 (was, Section 5).

Further modifies GS 130A-385 (duties of medical examiners), as follows. Now triggers the treatment of the listed materials as part of a criminal investigation in GS 130A-385 upon notice from the investigating or prosecuting entity. Specifies that autopsy photographs or video or audio records can only be disclosed or released pursuant to GS 130A-389.1 (governing those recordings made pursuant to autopsy). Specifies that only finalized reports may be released to the specified persons, which now also includes (1) a beneficiary of a benefit or claim associated with the decedent for purposes of receiving the benefit or resolving the claim or (2) to the decedent's spouse, child or stepchild, parent or stepparent, sibling, or legal guardian. Expands authorized disclosures to include: (1) when necessary to conduct a thorough and complete death investigation, to consult with outside physicians and other professionals during the death investigation, and to conduct necessary toxicological screenings and (2) when disclosing information to the investigating public law enforcement agency or prosecuting district attorney. Provides for notice by the investigating or prosecuting entity of the conclusion of the investigation. Specifies that the Office of the Chief Medical Examiner (OCME) and its staff, the county medical examiner, and the autopsy center and its staff have no liability for relying upon such notices.

Designates listed records and other information compiled, prepared, or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner appointed under GS 130A-382, an investigating medical examiner, or an autopsy center in connection with the death of a child who was under 18 years of age at the time of death, including any autopsy photographs or video or audio recordings, as confidential, only to be disclosed or released: (1) with the prior written consent of the deceased child's parent or guardian or (2) a person standing in loco parentis to the deceased child. Further authorizes release to: (1) the personal representative of the decedent’s estate to enable them to fulfill their duties under law; (2) when OCME or a pathologist designated by the Chief Medical Examiner determines disclosure is necessary for the described reasons relating to public health; (3) to the decedent’s surviving spouse, parents, adult children, legal guardian or custodian (including those of the decedent’s children), or any person holding power of attorney or healthcare attorney for the deceased; and (4) the legal representatives of any person authorized to receive records under GS 130A-385.

Specifies that no person is guilty of a Class 1 misdemeanor for disclosing, releasing, possessing, or disseminating records or materials if, at the time of the disclosure, release, possession, or dissemination, notice that the record or material is a record of a criminal investigation had not been provided as required by GS 130A-385. Directs the Chief Medical Examiner to provide the finalized autopsy report to the Commissioner of Labor upon written request within five months from the date of the request. Makes organizational, clarifying, and conforming changes.

Makes conforming changes to GS 130A-389(a) (autopsies), GS 130A-389.1 (photos, video, or audio recordings made pursuant to autopsy), and GS 132-1.8 (confidentiality of photos, video, or audio recordings made pursuant to autopsy).

Section 4 (was, Section 6).

Amends GS 14-202.3 by modifying the punishment for solicitation of a minor by computer as follows: (1) from a Class E felony for first violations of the statute when the defendant does not have a prior conviction in any federal or state court in the United States that is substantially similar to GS 14-202.3 to a Class G felony; (2) makes subsequent violations a Class E felony; (3) makes it a Class E felony for defendants charged with a first offense but who have the described prior convictions; and (4) from a Class G to a Class D felony (was, Class C felony in the previous edition) when the defendant, or a person for whom the defendant was arranging the meeting, actually appears at the meeting location.

Section 9 (was, Section 11).

Amends GS 14-202 (offense of secretly peeping into a room occupied by another person) so that a person is guilty of a Class A1 misdemeanor when they secretly peep into any room while in possession of any device that can take a photo and have the intent to take a photo (currently, no intent to take photo required).

Section 10 (was, Section 12).

Adds definition of custody to GS 14-27.31 (offense of sexual activity by substitute parent or custodian) to mean the care, control, or supervision of a minor by any adult who, by virtue of their position, role, employment, volunteer status, or relationship to a minor; exercises supervisory authority or control over a minor; or is responsible for the minor's welfare, safety, or supervision, regardless of whether such responsibility arises from express appointment, organizational duty, professional obligation, or circumstantial necessity.

Section 11 (was, Section 13).

Changes the title of new GS 14-72.12 so that it reads “Larceny of gift cards” (was, Larceny of gift cards; receiving stolen gift cards or possessing stolen gift cards). Amends GS 1-538.2 to make any person who commits an act punishable under new GS 14-72.12 (larceny of gift cards) liable for civil damages to the property owner; also makes parents or legal guardians of unemancipated minors who commit an act punishable under new GS 14-72.12 civilly liable to the property owner if they knew or should have known of the propensity for the child to commit such an act, and had the opportunity and ability to control the child, and made no reasonable effort to correct or restrain the child. 

Section 12 (was, Section 14).

Changes the intent required under GS 14-54(b1) from “knowingly and wrongfully” entering a building not open to the public, as described, to “with intent to commit an unlawful act.”

Section 15 (was, Section 17).

Amends GS 15A-268 to remove provisions requiring the 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. Now directs that a court may order that the evidence be returned to the collecting agency to be preserved during the pendency of the proceedings for which the evidence was introduced pursuant to GS 15A-268(a1) (biological evidence) at a request from the district attorney, the clerk, and the collecting agency if the court finds that the collecting agency is better equipped to preserve the evidence and the district attorney, the clerk, and the collecting agency all agree (was, court may order evidence to be returned to the collecting agency to be preserved pursuant to GS 15A-268(a4) (preservation of biological evidence) under the specified circumstances, but no mention of its introduction as evidence under GS 15A-268(a1)).

Section 19.

Amends GS 90-95 (violations of the Controlled Substances Act), as follows. Makes it a Class F felony to manufacture, sell, or deliver, or possess with intent to do any of those things any Schedule I or II controlled substance involving fentanyl or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances. Makes it a Class F felony to manufacture, sell, or deliver, or possess with intent to do any of those things involving fentanyl or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances. Makes conforming changes. Makes possession of a controlled substance that is fentanyl or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances a Class H felony.

Creates the felony “trafficking in fentanyl or carfentanil,” for a person who sells, manufactures, delivers, transports, or possesses four grams or more of fentanyl or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances, punishable as follows: (1) if the amount is four grams or more, but less than 14 grams, then the person is punished as a Class E felon and sentenced to a minimum term of 90 months and a maximum term of 120 months in the State's prison with a fine of $500,000; (2) if the amount is 14 grams or more but less than 28 grams, then the person is punished as a Class D felon and sentenced to a minimum term of 175 months and a maximum term of 222 months in the State's prison with a fine of $750,000; and (3) if the amount is 28 grams or more, the person is punished as a Class C felon and sentenced to a minimum term of 225 months and a maximum term of 282 months in the State's prison with a fine of $1 million. 

Effective December 1, 2025.