Senate committee substitute makes the following changes to the 3rd edition. Makes conforming changes to the act’s long and short titles.

Removes prior edition’s changes to the domestic violence laws found at GS 14-33, GS 14-33.2, GS 15A-401, GS 15A-534.1. Removes new GS 14-32.6, which would have created the crime of habitual domestic violence. Removes the prior edition’s changes to the expunction laws found at GS 15A-145, GS 15A-145.1, GS 15A-145.2, GS 15A-145.3, GS 15A-145.4, GS 15A-145.6, GS 15A-145.8A, GS 15A-145.9, GS 15A-151(a)(2). Removes changes to GS 15A-1354(a) removing the default that sentences run concurrently.

Section 6

Extends the effective date of the changes made to GS 14-32.4 and GS 143B-1023 by one year.

Adds the following new content.

Section 6.1

Enacts GS 14-223.1, which (1) defines first responder to include a law enforcement officer, firefighter, emergency medical technician or medical responder, a probation or parole officer, or any person whose employment duties include the custody, transportation, or management of persons who are detained or confined to a detention facility, youth development center, or correctional institution operated under the jurisdiction of the State or a local government; (2) defines harass as willfully engaging in a course of conduct directed at a first responder which intentionally causes that responder substantial emotional distress and serves no legitimate purpose; and (3) makes it a Class 2 misdemeanor for a person, after receiving a verbal warning not to approach from a person he or she knows or reasonably should know is a first responder, who is engaged in the lawful performance of a legal duty, to knowingly and willfully violate that warning and approach/remain within 25 feet of the first responder with the intent to either impede or interfere with the first responder’s ability to perform his or her duty, threaten physical harm, or harass the first responder. Clarifies that merely recording or taking photos of the first responder, without another overt act does not constitute harassment under the statute. Effective December 1, 2026, and applies to offenses committed on or after that date.

Section 7

Extends the time that a judge has to make determination under GS 15A-534.8 (pretrial release provisions pertaining to looting, rioting, or failure to disperse) from 24 hours to 48 hours. Clarifies that nothing in the section should be construed to prevent or prohibit an individual from exercising their right to free speech or freedom of assembly. Applies to offenses committed on or after December 1, 2026.

Section 8

Enacts GS 14-72.13, making it a Class I felony if the person is located within the area of a retail establishment where goods are stored or offered for sale while knowingly possessing any theft tools with the intent to use the theft tools to commit larceny from a merchant. Defines theft tools and theft detection shielding device. Applies to offenses committed on or after December 1, 2026.

Section 9

Requires, in GS 14-190.9 a person convicted of indecent exposure by willfully exposing their private parts in any public place in the presence of a minor for the purpose of arousing or gratifying sexual desires to register as a sex offender. Creates the Class F felony of Habitual Indecent Exposure for subsequent convictions of the specified subsections of GS 14-190.9 and the Class E felony of Aggravated Habitual Indecent Exposure which is triggered by conviction of indecent exposure to a minor as described above subsequent to a conviction of any of the specified subsections of GS 14-190.9. Requires any persons convicted of those felonies to register as a sex offender. Makes conforming change to GS 14-208.6 (list of sexually violent offenses). Applies to offenses committed on or after December 1, 2026.

Section 10

Clarifies that the law enforcement, social services, and other agencies and entities that can obtain records from a Children’s Advocacy Center (CAC) under GS 108A-77.4 are able to do so without a court order. Deems such information to be in need of a judicial protective order without a separate need for an in-camera inspection. Authorizes such orders to be granted ex parte and requires the order to accompany the release of any CAC information. Makes technical changes. Specifies that CAC records can only be released in civil or criminal actions unrelated to the victim under court order. Effective December 1, 2026.

Section 10.1

Amends GS 20-17.8 (restoration of license after driving while impaired) so that if a person’s license was revoked a result of a conviction in another jurisdiction, any period of time for which a person complied with the ignition interlock requirement there is applied towards the length provisions in the statute.

Section 10.2

Expands criminal activity under GS 42-59 (pertaining to expedited eviction of drug traffickers and other criminals) so that it includes obtaining rental property or other lodging by use of any manner or type of fraud or false pretenses. Expands the types of property falling under GS 14-100 (obtaining property by false pretenses) to include rental housing or lodging. Applies to offenses committed on or after December 1, 2026.

Section 11

Adds seasonal child care camps when operating as a seasonal child care camp to the list of places where sex offenders are prohibited under GS 14-208.18.

Section 11.1

Enacts GS 114-66, providing for rights of sexual assault victims related to the sexual assault evidence collection kit (if so used), as follows:

(1)          The right to information, upon request, from the appropriate person or entity of the testing status and location of the sexual assault evidence collection kit.

(2)          The right to receive written notification, upon request, from the appropriate person or entity of the intended destruction or disposal of the kit at least 60 days before the date of the intended destruction or disposal.

(3)          The right to further preservation of the sexual assault evidence collection kit in accordance with GS 15A-266.5A.

Directs that these rights apply to both reported and unreported sexual assault examination kits. Effective December 1, 2026, and applies to sexual assault evidence collection kits in the possession of any hospital, law enforcement agency, or the Department of Public Safety on or after that date. Requires the Office of the Attorney General to prepare and publish on its website a list of those rights in plan, easily understandable language by December 1, 2026.

Section 11.2

Expands the prohibited acts under GS 14-159.4 (defacing property to obtain nonferrous metals) to include attempts to commit any of the listed acts. Defines critical infrastructure. Increases the punishment class for defacement of property that disrupts critical infrastructure from a Class 1 misdemeanor if a certain amount of customers are impacted to a Class G felony, regardless of how many customers are impacted. Provides for mandatory restitution, as described.

Enacts GS 14-159.5, making it a Class 1 misdemeanor for any person to intentionally or knowingly possess nonferrous metals used or intended to be used, in the provision of critical infrastructure without authorization from any of the seven listed persons described in the statute. Makes second or subsequent violations a Class H felony. Applies to Offenses committed on or after December 1, 2026.

Section 12

Modifies the requirements for the formerly incarcerated individual appointed by the Chairmen of the Sentencing Commission to the Commission so that it is now a previously justice-involved individual (was, a rehabilitated former prison inmate). Authorizes members of the Sentencing Commission to receive necessary travel expenses at the rate applicable to members of the Commission employed by the Judiciary. Makes technical change to GS 164-50. Sets a March 1 deadline for the Sentencing Commission to report its projection annually under GS 164-51. Effective December 1, 2026.

Section 13

Amends GS 14-202.1 (crimes for taking indecent liberties with children, as follows). Creates degrees of the offense, as follows. A first-degree, Class C felony when the person is 16 years of age or more and at least five years older than the child in question, and willfully commits or attempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex less than 13 years of age. A second-degree, Class D felony when the person of that same age and with the same age difference between the victim and the offender, commits the acts above and the child is less than 16 years of age but at least 13 years of age. A third degree, Class E felony, when a person is 16 years of age or more and at least five years older than the child in question, and willfully takes or attempts to take any immoral, improper, or indecent liberties with any child of either sex less than 13 years of age for the purpose of arousing or gratifying sexual desire. Makes it a fourth degree, Class F felony when the person of that same age and with the same age difference between the victim and the offender, commits the acts constituting a Class E felony, and the person is less than 16 years of age but at least 13 years of age. Creates a Class B1 felony for a repeat offenders under the statute if the offender is years of age or older, commits any of the offenses in this section, and was previously convicted of an offense requiring the person to register as a sex offender. Applies to offenses committed on or after December 1, 2026.

Section 14

Enacts GS 14-256.2 making it a Class 1 misdemeanor for a person lawfully detained in any detention facility, holdover facility, or youth development center to break or escape from the lawful custody of any employee, guard, or officer of the Division. Enhances the offense to a Class H felony if one of these three conditions apply: (1) the person has been charged with a felony and has been committed to the facility pending trial or transfer to the State prison system, (2) the person is alleged to be within the jurisdiction of juvenile court for an offense that would be a felony if committed by an adult and has been placed in secure custody, or (3) the person has been adjudicated delinquent for an offense that would be a felony if committed by an adult and has been placed in secure custody or committed to the custody of the Division for placement in a youth development center.  Defines terms by statutory cross-reference. Applies to offenses committed on or after December 1, 2026.

Section 15

Makes it a Class 3 misdemeanor in GS 20-111 for a person to manufacture, create, sell, or give a fictitious license plate (defined) to another. Applies to offenses committed on or after December 1, 2026.

Section 16

Authorizes the NC Criminal Justice Education and Training Standards Commission (CJETS) and the NC Sheriffs’ Education and Training Standards Commission to take the described adverse action on a person’s certification based on commission of a crime regardless of whether the charge or conviction was expunged. Provides for establishing commission of a crime. Authorizes CJETS to take an adverse action on a person’s certification based upon failure to disclose, recite, report, or acknowledge an expunged arrest, apprehension, charge, indictment, information, trial, or conviction, unless one of the described expunction orders was granted.