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

Removes the (1) proposed changes to GS 14-415.1, which would have increased the punishment when a felon possesses a firearm or weapon of mass death and destruction while committing a felony; (2) provisions related to larceny of gift cards; (3) provisions related to wrongfully entering a part of a building not open to the public; and (4) provisions that would have amended GS 84-7.1 to allow law school graduates 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). Renumbers the remaining sections of the act.

Section 2

Further amends GS 130A-385 (duties of medical examiner upon receipt of notice; reports; copies) so that the provisions governing the disclosure or release of records under (d1) apply to all records related to a death that is under criminal investigation (was, to a finalized toxicology report, finalized autopsy report, or finalized report of investigation of a medical examiner). Specifies that the custodian of the finalized toxicology report, finalized autopsy report, or finalized report of investigation of a medical examiner (was, the custodian of the finalized reports) may release a copy at a time and location determined by the custodial agency (1) to a personal representative of the decedent's estate to enable the personal representative to fulfill their legal duties; (2) to a beneficiary of a benefit or claim associated with the decedent for purposes of receiving the benefit or resolving the claim; or (3) to the decedent's spouse, child or stepchild, parent or stepparent, sibling, or legal guardian. Also allows disclosure or release of information or reports when necessary to facilitate education, or to release decedent remains to transporters, funeral homes, family members, or others for final disposition. Provides that records and materials subject to (d1) continue to be records of criminal investigations until the Office of the Chief Medical Examiner, county medical examiner, or autopsy center that is custodian of the records (1) receives notification from the investigating public law enforcement agency or the prosecuting district attorney of the conclusion of the criminal investigation or prosecution or the decision to terminate the criminal investigation of the death or (2) receives notification from the prosecuting district attorney that some portion of the records or materials has been introduced as evidence in a public trial.

Amends the statute’s provisions in (d3) governing the disclosure or release of any records, worksheets, reports, photographs, tests, or analyses compiled, prepared, or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, an appointed county medical examiner, 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 follows. No longer includes a person standing in loco parentis to the deceased child among the persons who may give written consent to disclose or release the records (leaving only the deceased child's parent or guardian); makes conforming changes. Allows the custodian of the finalized toxicology report, or finalized report of investigation of a medical examiner, in addition to the finalized autopsy report, to release the report to a personal representative of the decedent's estate to enable the personal representative to fulfill their legal duties and also adds that they may release the records to a beneficiary of a benefit or claim associated with the decedent for purposes of receiving the benefit or resolving the claim. Changes the conditions under which the Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, an appointed county medical examiner, an investigating medical examiner, or an autopsy center is not prohibited from disclosing or releasing information or reports to 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 toxicology screenings (was, when necessary to address public health or safety concerns; for public health purposes, including public health surveillance, investigations, interventions, and evaluations; to facilitate research; to comply with reporting requirements under State or federal law or in connection with State or federal grants; or to comply with any other duties imposed by law). Also allows disclosure or release of information or reports when it is necessary (1) to address public health or safety concerns; (2) for public health purposes, including public health surveillance, investigations, interventions, and evaluations; (3) to facilitate research; (4) to facilitate education; (5) to release decedent remains to transporters, funeral homes, family members or others for final disposition; (6) to comply with reporting requirements under State or federal law or in connection with State or federal grants; or (7) to comply with any other duties imposed by law. Also requires, in addition to the custodian of the finalized autopsy report, the custodian of the finalized toxicology report, finalized report of investigation of a medical examiner, and any related documents, when requested, to release copies of the report and those documents to the surviving spouse of the deceased, the deceased's parents, any adult children of the deceased, any legal guardian or custodian of the deceased, any legal guardian or custodian of a child of the deceased, or any person holding power of attorney or healthcare attorney for the deceased.

Amends the conditions under which records or materials subject to the provisions of both subsections (d1) and (d3) can be disclosed or released to include when some portion of the records or materials have been introduced as evidence in a public trial. Adds protection from civil and criminal liability for a person who discloses or releases information under (d3) in reliance on the written consent of an individual who represents to be the child's parent or guardian and who acts in good faith without actual knowledge that the representation is false.

Adds new (d7) to allow a person or entity seeking disclosure or release of records or materials covered under (d1) or (d3) who is alleging that the investigation or prosecution has concluded or been terminated, or that portions have been introduced as evidence in a public trial, but the investigating law enforcement agency or prosecuting district attorney will not comply with the notification requirements, to commence a special proceeding in superior court for an order compelling the disclosure or release. When the party seeking disclosure substantially prevails, they are to be awarded reasonable attorneys’ fees if attributed to those records or materials. Sets out conditions under which the court may not assess attorneys’ fees against the governmental body or governmental unit. Sets out provisions governing when attorneys’ fees are assessed against a public agency; prohibits issuing an order against any public employee or public official in any case where they sought and followed the advice of an attorney. Requires assessing reasonable attorneys’ fees against a person that the court determines brought an action in bad faith or one that was frivolous, and awards those fees to the public agency as part of its costs.

Makes conforming changes to GS 130A-389.1 (photographs and video or audio recordings made pursuant to autopsy) by removing references to persons standing in loco parentis.

Section 5

Further amends GS 14-208.12A, concerning a request for a termination of county sex offender registration requirement, to require that the hearing on a petition be calendared during a criminal session of superior court. Also adds the requirement that a person who files a petition to terminate the statute’s 30-year requirement must pay the civil filing fee at the time the petition is filed; excludes petitions filed by an indigent person.

Amends GS 14-208.12B by removing the new requirement that the clerk, when they receive a petition for a judicial determination of the requirement to register based on an out-of-state or federal conviction, collect the filing fee and place the petition on the criminal docket to be calendared by the district attorney. Instead, specifies that the petition must be calendared during a criminal session at the next regularly scheduled term of superior court. Also require that the person filing the petition pay the fee at the time the petition is filed; excludes petitions filed by an indigent person.

Section 6

Amends GS 50B-2 to allow any person residing in this State, or seeking relief for acts that have occurred in the State (no longer requires that the defendant reside in the State), to seek relief under GS Chapter 50B by filing a civil action or a motion in an existing Chapter 50 action alleging acts of domestic violence against him- or herself or a minor child residing with or in the person’s custody.

Section 15

Changes the effective date of the increased punishment for failure to yield the right-of-way to a blind or partially blind pedestrian from December 1, 2026, to December 1, 2025.

Adds the following new content.

Section 17

Now sets a two-year deadline (was, 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. Amends the grounds which the defendant may assert by a motion for appropriate relief made more than 10 days after entry of judgment by removing: (1) there has been a significant change in law, either substantive or procedural, applied in the proceedings leading to the defendant's conviction or sentence, and retroactive application of the changed legal standard is required and (2) the defendant is in confinement and is entitled to release because their sentence has been fully served, and instead adds these to the claims that a defendant may raise at any time after the verdict. Further amends the claims that a defendant may raise at any time after verdict by a motion for appropriate relief to also include, in a non-capital case, the defendant can demonstrate good cause for excusing the grounds for denial listed in GS 15A-1419(a) and actual prejudice resulting from the defendant's claim, or that failure to consider the defendant's claim will result in a fundamental miscarriage of justice. Allows a defendant to file a motion for appropriate relief based on any of the grounds under this statute at any time if the district attorney for the prosecutorial district where the case originated consents to the motion being filed.

Makes conforming changes to GS 15A-1419(a)(4).

Applies to verdicts entered on or after December 1, 2025.

Section 19

Repeals the crime of filial responsibility under GS 14-326.1. Applies to offenses committed on or after July 1, 2025.

Section 20

Specifies that that offenses under GS 14-33 (misdemeanor assaults, batteries and affrays) are not lesser included offenses of the misdemeanor crime of domestic violence (GS 14-32.5). Now includes habitual misdemeanor domestic violence under GS 14-33.2 (habitual misdemeanor assault) if the person commits a violation of GS 14-32.5 and has two or more convictions for a violation of GS 14-32.5. Expands upon the list of misdemeanors committed out of the presence of a law enforcement officer that would allow the officer to make a warrantless arrest under GS 15A-401(b) to include misdemeanor domestic violence; makes additional clarifying and technical changes. Adds charges under GS 14-32.5 to the list of offenses where pre-trial release must be determined by a judge under GS 15A-534.1. Applies to offenses committed on or after December 1, 2025.

Section 21

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 22

Amends GS 15A-1354, which requires the court to determine if the sentences run consecutively or concurrently when multiple sentences of imprisonment are imposed on a person at the same time or when a term of imprisonment is imposed on a person who is already subject to an undischarged term of imprisonment to now require the court to make a finding on the record stating its reasons for its determination (was, if not specified or not required by statute to run consecutively, sentences shall run concurrently). Applies to offenses committed on or after December 1, 2025.  

Section 23

Amends GS 50B-3.1 (Surrender and disposal of firearms; violations; exceptions), as follows. Amends subsection (e) to allow a defendant to obtain any weapons surrendered under the section without a further court order if (1) the court doesn’t enter a protective order when the ex parte or emergency order expires or (2) the protective order is denied by the court after a hearing. Requires the sheriff to run a background check on the defendant to ensure that they are not prohibited from possessing or receiving a firearm under federal law, 18 USC 922, or any State law and the defendant does not have any pending criminal charges committed against the person that is the subject of the current protective order or pending charges that, if convicted, would prohibit the defendant from owning a firearm. Amends subsection (g) to allow third parties who own items surrendered to a sheriff under a protective order to file a motion for their return at any time prior to their disposal under subsection (h) (was, motion must be filed within 30 days after seizure). Amends subsection (h), pertaining to disposal of firearms, to require the sheriff who has control of the firearms, ammunition, or permits (collectively, firearms) to also give notice to all parties believed to have an ownership or possessory interest in the firearm, including any third-party owner before applying to the court for an order disposing of the firearms (currently, just has to give notice to the defendant). Modifies the conditions that trigger the sheriff’s right to dispose of the firearms so that the sheriff can only do so in the following three circumstances:

1. The defendant or third-party owner has not filed a motion requesting the return of the firearms within 90 days after the expiration of the current protective order or final disposition of any pending criminal charges committed against the person who is the subject of that order and the defendant has not retrieved the firearms (currently, just defendant and required to act within time period prescribed by GS 50B-3.1).
2. The court has determined that the defendant or third-party owner is precluded from regaining the surrendered firearms (currently, just defendant).
3. The defendant or third-party owner fails to remit all fees for the storage of the firearms within 30 days of either the entry of an order granting the return of the firearms or a request to retrieve the firearms.

Expands the persons eligible to receive the net sale proceeds to include the third-party owner if they make a request before a hearing on the issue of sale (currently, just defendant). Makes conforming changes.   

Effective December 1, 2025, and applies to firearms, ammunition, and permits surrendered on or after that date. Beginning February 1, 2026, the act applies to firearms, ammunition, and permits surrendered before the date the act becomes law.

Section 24

Amends GS 132-1.4(c)(4) to remove the contents of a 911 or other emergency call where the caller is less than 18 years of age from being considered a public record. Makes clarifying changes to the subsection.

Section 24.2

Enacts new GS 14-313.1 making it a Class 2 misdemeanor for any person: (1) to knowingly sell or deliver a hemp-derived consumable product to a person who is under age 21 (requires a person selling hemp-derived consumable products to demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under age 21) or (2) who is under age 21 to possess a hemp-derived consumable product. Defines hemp-derived consumable product as a hemp product that is a finished good intended for human ingestion or inhalation that contains a concentration of any hemp-derived cannabinoid; excludes hemp products intended for topical application or seeds or seed-derived ingredients recognized as safe by the FDA. Effective December 1, 2025.

Amends GS 115C-407 to require governing bodies of public school units to adopt written policies prohibiting the use of hemp-derived consumable products (in addition to the already prohibited use of tobacco products, which now must be adopted by the governing bodies instead of local boards of education) at all times 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. Makes conforming changes. Changes the entity tasked with working with the governing bodies of public school units on implementing this policy from the North Carolina Health and Wellness Trust Fund Commission to the Tobacco Prevention and Control Branch. Applies beginning with the 2025-26 school year.

Section 24.3

Amends GS 14-313 (concerning youth access to tobacco products) to raise the age to access tobacco and vapor products from 18 to 21. Makes conforming changes. Effective December 1, 2025, and applies to offenses committed on or after that date.

Section 24.5

Extends the sunset on provisions concerning the training and authority of security guards and patrol professionals providing security services related to entry and exit, direction and movement of individuals at entry and exit, security working towers, or perimeter security patrols at a State prison facility from June 30, 2025, to June 30, 2027.