SB 429 — 2025 Public Safety Act.

(5) The United States Supreme Court granted the defendant's or the State's timely petition for writ of certiorari of the decision on direct appeal by the Supreme Court of North Carolina or North Carolina Court of Appeals, but subsequently left the defendant's conviction and sentence undisturbed;

orundisturbed.

(6) The appointment of postconviction counsel for an indigent capital defendant.

(a1) In a noncapital case, a defendant may file a postconviction motion for appropriate relief based on any of the grounds enumerated in this section within 120 days from the latest of any of the events listed in subdivisions (1) through (5) of subsection (a) of this section.

…." SECTION 1.(b) G.S.

15A-1419(a)(4) reads as rewritten:

"(4) The defendant failed to file a timely motion for appropriate relief as required by G.S.

15A-1415(a).subsection (a) or (a1) of G.S.

15A-1415." SECTION 1.(c) This section becomes effective December 1, 2025, and applies to verdicts entered on or after that date.

PROHIBIT USE OF HEMP-DERIVED CONSUMABLE PRODUCTS ON SCHOOL GROUNDS SECTION 2.(a) The title of Article 29A of Chapter 115C of the General Statutes reads as rewritten:

"Article 29A.

"Policy Prohibiting Use Of Tobacco Tobacco and Hemp-Derived Consumable Products." SECTION 2.(b) G.S.

115C-407 reads as rewritten:

"§ 115C-407.

Policy prohibiting tobacco use in school buildings, grounds, and at school-sponsored events.

(a) Not later than August 1, 2008, local boards of education Governing bodies of public school units shall adopt, implement, and enforce adopt a written policy prohibiting at all times the use of any tobacco 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 local school administrative public school unit.

The policyshall further prohibit the use of all tobacco products Page 2 Senate Bill 429-First Edition General Assembly Of North Carolina Session 2025 by persons attending a school-sponsored event at a location not listed in this subsection when in the presence of students or school personnel or in an area where smoking is otherwise prohibited by law.

(b) The policy shall include at least all of the following elements:

(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 tobacco products by any person in and on school property.

(3) Requirements that school personnel enforce the policy.

(c) The policy may permit tobacco 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 the tobacco product.

(d) The North Carolina Health and Wellness Trust Fund Commission shall work with local boards of education to provide assistance with the implementation of this policy including providing information regarding smoking cessation and prevention resources.

Nothing in this section, G.S.

143-595 through G.S.

143-601, or any other section prohibits a local board of education governing body of a public school unit from adopting and enforcing a more restrictive policy on the use of tobacco in school buildings, in school facilities, on school campuses, or at school-related or school-sponsored events, and in or on other school property." SECTION 2.(c) Article 29A of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C-407.1.

Policy prohibiting use of hemp-derived consumable products in school buildings, grounds, and at school-sponsored events.

(a) For purposes of this section, the term "hemp-derived consumable product" is 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 three-tenths of one percent (0.3%) on a dry weight basis but may contain concentrations of other hemp-derived cannabinoids in excess of that amount.

This term does not include 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).

(b) Governing bodies of public school units shall 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, on school buses or school transportation service vehicles, and in or on any other school property owned or operated by the public school unit.

The policy shall further prohibit the use of all hemp-derived consumable products by persons attending a school-sponsored event at a location not listed in this subsection 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.

(c) The policy shall include at least all of the following elements:

(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.

(3) Requirements that school personnel enforce the policy.

(d) The policy may permit hemp-derived consumable products to be included in instructional or research activities in public school buildings if the activity is conducted or supervised bythe faculty member overseeing the instruction or research and the activitydoes not include smoking, chewing, or otherwise ingesting or inhaling the hemp-derived consumable product.

Senate Bill 429-First Edition Page 3 General Assembly Of North Carolina Session 2025 (e) Nothing in this section, G.S.

143-595 through G.S.

143-601, or any other section prohibits a governing bodyof a public school unit from adopting and enforcing a more restrictive policy on the use of 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." SECTION 2.(d) G.S.

115C-218.75 is amended by adding a new subsection to read:

"(a1) Policies Prohibiting Use of Tobacco, Hemp-Derived Consumable Products.

– A charter school shall adopt policies prohibiting use of tobacco and hemp-derived consumable products in school buildings, grounds, on school buses or school transportation service vehicles, and at school-sponsored events in accordance with Article 29A of this Chapter." SECTION 2.(e) G.S.

115C-238.66 is amended by adding a new subdivision to read:

"(7h) Policies prohibiting use of tobacco and hemp-derived consumable products.

– A regional school shall adopt policies prohibiting use of tobacco and hemp-derived consumable products in school buildings, grounds, on school buses or school transportation service vehicles, and at school-sponsored events in accordance with Article 29A of this Chapter." SECTION 2.(f) G.S.

115C-150.12C is amended by adding a new subdivision to read:

"(15a) Policies prohibiting use of tobacco and hemp-derived consumable products.

– The board of trustees shall adopt policies prohibiting use of tobacco and hemp-derived consumable products in school buildings, grounds, on school buses or school transportation service vehicles, and at school-sponsored events in accordance with Article 29A of this Chapter." SECTION 2.(g) G.S.

116-239.8(b) is amended by adding a new subdivision to read:

"(9a) Policies prohibiting use of tobacco and hemp-derived consumable products.

– The chancellor shall adopt policies prohibiting use of tobacco and hemp-derived consumable products in school buildings, grounds, on school buses or school transportation service vehicles, and at school-sponsored events in accordance with Article 29A of Chapter 115C of the General Statutes." SECTION 2.(h) Subdivision (21) of Section 6(d) of S.L.

2018-32 reads as rewritten:

"(21) Article 29A, Policy Prohibiting Use of Tobacco Tobacco and Hemp-Derived Consumable Products." SECTION 2.(i) This section is effective when it becomes law and applies beginning with the 2026-2027 school year.

CREATE NEW CRIMINAL OFFENSE FOR EXPOSING A CHILD TO A CONTROLLED SUBSTANCE SECTION 3.(a) Article 39 of Chapter 14 of the General Statutes is amended by adding a new section to read:

– Any means used to take into the body, to eat or drink, or otherwise consumeconsume, or absorb into the body in any way.

(b)(4) ASerious personbodily whoinjury. knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance is guilty of a Class H felony.

(c)– AAs persondefined whoin knowingly,G.S. intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance is guilty of a Class E felony.

(d)14-318.4. A person who knowingly, intentionally, or with reckless disregard for human life causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests the controlled substance, resulting in serious physical injuryas defined in G.S.

14-318.4,(5) isSerious guiltyphysical ofinjury. a Class D felony.

(e)– AAs person who knowingly, intentionally, or with reckless disregard for human life causes or permits 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 G.S.

14-318.4,14-318.4. is guilty of a Class C felony.

(f)Page A4 personSenate whoBill knowingly,429-First intentionally,Edition orGeneral withAssembly recklessOf disregardNorth forCarolina humanSession life2025 (b) A person who knowingly, recklessly, or intentionally causes or permits 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 death, is guilty of a Class B1H felony.

(g)(c) TheA punishmentsperson setwho forthknowingly, inrecklessly, subsectionsor (b)intentionally throughcauses (f)or ofpermits thisa sectionchild applyto unlessbe exposed to a controlled substance, and as a result the conductchild isingests coveredthe undercontrolled somesubstance, otheris provisionguilty of lawa providingClass greaterE punishment.felony.

*S429-v-2*(d) GeneralA Assemblyperson Ofwho Northknowingly, Carolinarecklessly, Sessionor 2025intentionally (h)causes Thisor sectionpermits doesa notchild apply to abe personexposed thatto intentionally gives a child a controlled substancesubstance, thatand hasas been prescribed for the child by a licensedresult medical professional when given to the child iningests the prescribedcontrolled amountsubstance, andresulting manner."in SECTIONserious 1.(b)physical Thisinjury, sectionis becomesguilty effectiveof Decembera 1,Class 2025,D andfelony. applies to offenses committed on or after that date.

7(e) INCREASEA PUNISHMENTperson FORwho POSSESSINGknowingly, Arecklessly, FIREARMor ORintentionally WEAPONcauses OFor MASSpermits DEATHa ANDchild DESTRUCTIONto BYbe Aexposed FELONto DURINGa THEcontrolled COMMISSIONsubstance, ORand ATTEMPTEDas COMMISSIONa OFresult Athe FELONYchild SECTIONingests 2.(a)the G.S.controlled substance, resulting in serious bodily injury, is guilty of a Class C felony.

(f) A person who knowingly, recklessly, or intentionally causes or permits 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 death, is guilty of a Class B1 felony.

(g) The punishments set forth in subsections (b) through (f) of this section apply unless the conduct is covered under some other provision of law providing greater punishment." SECTION 3.(b) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

INCREASE PUNISHMENT FOR POSSESSING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY SECTION 4.(a) G.S.

Senate Bill 429-First Edition Page 5 General Assembly Of North Carolina Session 2025 (3) Violations of criminal laws of other states or of the United States that occur before, on, or after December 1, 1995, and that are substantially similar to the crimes covered in subdivision (1) which are punishable where committed by imprisonment for a term exceeding one year.

When a person is charged under this section, records of prior convictions of anyanyoffense, offense, whether in the courts of this State, or in the courts of any other state or of the United States, shall be admissible in evidence for the purpose of proving a violation of this section.

Page 2 Senate Bill 429-Second Edition General Assembly Of North Carolina Session 2025 (c) Theindictmentchargingthedefendantunderthetermsofthissectionshallbeseparate from any indictment charging him with other offenses related to or giving rise to a charge under this section.

(e) This section does not apply and there is no disentitlement under this section if the felony conviction is a violation under the laws of North Carolina, another state, or the United States that pertains to antitrust violations, unfair trade practices, or restraints of trade." SECTION 2.(b)4.(b) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

REVISE LAWS PERTAINING TO THE DISCLOSURE AND RELEASE OF AUTOPSY INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE CHIEF MEDICAL EXAMINER SECTION 3.(a)5.(a) G.S.

This is a continuing disclosureobligation, and each recordscustodianshall provideto thedistrict attorneyanyrecords or other materials responsive to the district attorney's request that are discovered or added to the medical examiner investigation file after the request was made shall also be provided to the Page 6 Senate Bill 429-First Edition General Assembly Of North Carolina Session 2025 district attorney.

(d1) UponAny noticerecords, fromworksheets, thereports, investigatingphotographs, publictests, law enforcement agency or prosecutinganalyses districtcompiled, attorneyprepared, that a death is under criminal investigation or the subject of a criminal prosecution,anyrecords,worksheets,reports,photographs,tests,oranalysescompiled,prepared, or conducted by the Office of the Chief Medical Examiner, a pathologist designated bythe Chief Medical Examiner, a county medical examiner appointed under G.S.

130A-382, an investigating medical examiner, or an autopsy center,center 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, related to that death shall be treated as records of criminal investigations pursuant to G.S.

132-1.4.132-1.4 and only be disclosed or released to individuals listed in G.S.

Autopsy130A-389.1(b) photographsand oras videofollows: or audio records subject to the provisions of this Senate Bill 429-Second Edition Page 3 General Assembly Of North Carolina Session 2025 subsection may only be disclosed or released pursuant to G.S.

130A-389.1.

A finalized toxicology report, finalized autopsy report, or finalized report of investigation of a medical examinersubject to theprovisions ofthis subsectionmayonlybedisclosed orreleased as follows and recipients of reports pursuant to the following subdivisions may not disclose the reports to the public unless otherwise authorized by law:

(1) Thecustodianofthefinalizedreportsmayreleaseacopyat atimeandlocation determined by the custodial agency (i) to a personal representative of the decedent's estate to enable the personal representative to fulfill his or her duties under the law, (ii) to a beneficiary of a benefit or claim associated with the decedent for purposes of receiving the benefit or resolving the claim, or (iii) to the decedent's spouse, child or stepchild, parent or stepparent, sibling, or legal guardian.

(2) The Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner appointed under G.S.

130A-382, an investigatingmedical examiner,or an autopsycenteris not prohibited from disclosing or releasing information or reports 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.

(3) When disclosing information to the investigating public law enforcement agency or prosecuting district attorney.

(4) When disclosing or releasing information or reports is necessary (i) to address public health or safety concerns, (ii) for public health purposes, including public health surveillance, investigations, interventions, and evaluations, (iii) to facilitate research, (iv) to comply with reporting requirements under State or federal law or in connection with State or federal grants, or (v) to comply with any other duties imposed by law.

(d2) Records and materials subject to the provisions of subsection (d1) of this section shall continue to be records of criminal investigations pursuant to G.S.

132-1.4 until the Office of the Chief Medical Examiner, county medical examiner, or autopsy center that is custodian of the records 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.

The notification required by this section shall bemadeon aform createdbythe AdministrativeOfficeofthe Courtsandcompleted by either the investigating public law enforcement agency or the prosecuting district attorney.

The Chief Medical Examiner, county medical examiner, or autopsy center may rely on a completednotificationformconveyedbyathirdparty.TheOfficeoftheChiefMedicalExaminer and its staff, the county medical examiner, and the autopsy center and its staff shall have no criminal or civil liability for relying on a notice provided pursuant to this subsection.

(d3) Exceptasprovidedinsubsection(d4)ofthissection,anyrecords,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, a county medical examiner appointed under G.S.

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, are confidential and may be disclosedorreleasedonlywiththepriorwrittenconsentofthedeceasedchild'sparentorguardian or a person standing in loco parentis to the deceased child or as follows:

Page 4 Senate Bill 429-Second Edition General Assembly Of North Carolina Session 2025 (2) The Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner appointed under G.S.

(3)Any Theperson custodianwho ofwillfully the finalized autopsyreport and anyrelatedknowingly documentsdiscloses shall,or uponrequest,releases releasecopiesofthereportandthosematerials documentstothesurvivingtreated spouseas records of thecriminal deceased,investigations thein deceased'sviolation parents,of anythis adultsubsection, childrenor ofwho thewillfully deceased,and anyknowingly legalpossesses guardian or custodiandisseminates ofmaterials thetreated deceased,as anyrecords legal guardian or custodian of acriminal childinvestigations ofthat thewere deceased,disclosed or anyreleased personin holdingviolation power of attorneythis orsubsection, healthcareis attorneyguilty forof thea deceased.Class 1 misdemeanor;

(4) The legal representatives of any person authorized to receive records under this section.

Notwithstanding the provisions of this subsection, any materials that are subject to the provisions of subsection (d1) of this section may only be disclosed pursuant to that subsection while the death is under criminal investigation by a public law enforcement agency or during the pendency of criminal charges associated with a death.

(d4) When any records or materials are subject to the provisions of both subsections (d1) and (d3) of this section, the records and materials shall not be disclosed or released except as authorized by subsection (d1) of this section until the Office of the Chief Medical Examiner, county medical examiner, or autopsy center that is custodian of the records or materials has received notification ofthe conclusionofthecriminal investigation orprosecutionorthedecision to terminate the criminal investigation of the death pursuant to subsection (d2) of this section.

(d5) Any person who willfully and knowingly discloses or releases records or materials in violation of subsection (d1) or (d3) of this section, or who willfully and knowingly possesses or disseminates records or materials that were disclosed or released in violation of subsection (d1) or (d3) of this section, is guiltyof a Class 1 misdemeanor;

NoAs personused shallin bethis guiltysubsection, the term "disclose" means the act of amaking Classmaterials 1treated misdemeanoras records of criminal investigation under this subsection available for disclosing,viewing releasing,or possessing,listening orby disseminatinga recordsperson or materialsentity if,upon request, at thea time ofand thelocation disclosure,chosen release,by possession,the orcustodial dissemination,agency, noticeand that the recordterm or"release" materialmeans isthe recordact of athe criminalcustodial investigationagency hadin notproviding beena providedcopy asof requiredmaterials bytreated subsectionas (d1)records of criminal investigation under this section.subsection.

As(d2) usedAnyotherpersonor inentityseekingdisclosureor thisreleaseof subsection,materials thetreated termas "disclose"records means the act of makingcriminal recordsinvestigations orunder materialssubsection available(d1) forof viewingthis orsection listeningmay bycommence a personspecial orproceeding entityin uponthe request,superior atcourt aof time and location chosen by the custodialcounty agency,where and the termdeath "release"that meansis the actsubject of the custodialmaterials agencyoccurred into providingobtain a copycourt oforder recordsfor disclosure or release of the materials.

(d6)The Anycourt othermay personconduct oran entityin-camera seekingreview disclosure or release of records or materials covered under subsection (d1) or (d3) of this section may commence a special proceeding in the superiorcourtofthecountywherethedeaththatisthesubjectofthematerials. recordsormaterialsoccurred to obtain acourtorderfor disclosure or release oftherecordsormaterials.

ThecourtmayconductUpon a showing of good cause, a superior court judge may issue an in-cameraorder reviewauthorizing the disclosure or release of the recordsmaterials and may prescribe any restrictions or materials.stipulations that the superior court judge deems appropriate.

Upon a showing of good cause, a superior court judge may issue an order authorizing the disclosure or release of the records or materials and may prescribe any restrictions or stipulations that the superior court judge deems appropriate.

The notice shall be provided, in writing, to allthe Office of the following:Chief Medical Examiner, the district attorney of the county in which the death occurred, the personal representative of the estate of the deceased, if any, and the surviving spouse of the deceased.

If there is no surviving spouse, then the notice shall be provided to the deceased's parents, and if the deceased has no living parent, then to the adult child of the deceased or to the Senate Bill 429-Second429-First Edition Page 57 General Assembly Of North Carolina Session 2025 (1)guardian Theor Officecustodian of thea Chiefminor Medicalchild Examiner.of the deceased.

(2)In Thedetermining districtgood attorneycause, the judge shall consider whether the disclosure or release is necessary for the public evaluation of governmental performance, the countyseriousness of the intrusion into the family's right to privacy, whether the requested disclosure or release is the least intrusive means available, the need to withhold the records to facilitate the investigation or prosecution of criminal offenses, the rights of the defendant in whichany ongoing criminal investigation or prosecution, the deathpublic occurred.interest in having access to the records, and the availability of similar information in other public records, regardless of form.

(3) The personal representative of the estate of the deceased, if any.

(4) If the record or material is subject to the provisions of subsection (d1) of this section, the surviving spouse of the deceased.

If there is no surviving spouse, then the notice shall be provided to the deceased's parents, and if the deceased has no living parent, then to the adult child of the deceased or to the guardian or custodian of a minor child of the deceased.

(5) If the record or material is subject to the provisions of subsection (d2) of this section, to the deceased child's parents or guardian, or to the person standing in loco parentis to the deceased child.

In determining good cause, the judge shall consider whether the disclosure or release is necessaryforthe publicevaluation of governmental performance, theseriousness ofthe intrusion into the family's right to privacy, whether the requested disclosure or release is the least intrusive means available, the need to withhold the records to facilitate the investigation or prosecution of criminal offenses, the rights of the defendant in any ongoing criminal investigation or prosecution, the public interest in having access to the records or materials, and the availability of similar information in other public records, regardless of form.

(e) In cases where death occurred due to an injuryreceived in the course of the decedent's employment, the Chief Medical Examiner shall forward to the Commissioner of Labor a copy of the medical examiner's report of the investigation, including the location of the fatal injury and thenameand address ofofthedecedent's thedecedent's employerat thetimeofthefatal injury.

Upon(f) writtenIf requesta bydeath occurred in a facility licensed subject to Article 2 or Article 3 of Chapter 122C of the CommissionerGeneral Statutes, or Articles 1 or 1A of Labor,Chapter 131D of the General Statutes, and the deceased was a client or resident of the facility or a recipient of facility services at the time of death, then the Chief Medical Examiner shall provideforward a copy of the finalizedmedical autopsyexaminer's report to the Secretary of Health and Human Services within five30 monthsdays of theafter datereceipt of the request.report from the medical examiner." SECTION 5.(b) G.S.

(f) If a death occurred in a facility licensed subject to Article 2 or Article 3 of Chapter 122C of the General Statutes, or Articles 1 or 1A of Chapter 131D of the General Statutes, and the deceased was a client or resident of the facility or a recipient of facility services at the time of death, then the Chief Medical Examiner shall forward a copy of the medical examiner's report to the Secretary of Health and Human Services within 30 days of after receipt of the report from the medical examiner." SECTION 3.(b) G.S.

130A-389(a) reads as rewritten:

"(a) The Chief Medical Examiner or a competent pathologist designated by the Chief Medical Examiner shall perform an autopsy or other study in each of the following cases:

(1) If, in theopinion ofthemedical examinerinvestigatingthecaseoroftheChief Medical Examiner, it is advisable and in the public interest that an autopsy or other study be made.

(2) If an autopsy or other study is requested by the district attorney of the county or by any superior court judge.

(3) Notwithstanding subdivision (2) of this subsection, in any case in which the district attorney of the county asserts to the Chief Medical Examiner or the medical examiner of the county in which the body was located that there is probable cause to believe that a violation of G.S.

14-18.4 has occurred, a complete autopsy shall be performed.

The district attorney has at least 72 weekday hours after pronouncement of death by a person authorized under this Part to express the opinion that death has occurred to make the assertion required by this subdivision, provided that the district attorney or the investigating law enforcement agencyprovides notification within the first 24 hours after the pronouncement that such an assertion might be made.

The Page 6 Senate Bill 429-Second Edition General Assembly Of North Carolina Session 2025 district attorney may, but is not required to, assert to the Chief Medical Examiner the facts supporting probable cause to believe that a violation of G.S.

14-18.4 has occurred.

A complete autopsy report of findings and interpretations, prepared on forms designated for the purpose, shall be submitted promptly to the Chief Medical Examiner.

Subject to the limitations of G.S.

130A-389.1 relating to photographs and video or audio recordings of an autopsy, a copy of the report shall be furnished to any person upon request.request unless the report is protected from disclosure or release under subsection (d1) or (d3) of G.S.

130A-385." SECTION 3.(c) G.S.

(a) Except as otherwise provided by law, law and excluding (i) any records or materials treated as records of criminal investigations under G.S.

130A-385(d1)130A-385(d1), and (ii) any confidentialperson materialsmay ininspect connectionand withexamine theoriginal deathphotographs ofor avideo childor whoaudio wasrecordings under 18 years of agean atautopsy theperformed timepursuant ofto deaththataparentorguardianorpersonstandingin locoparentiselectstoprotectfromdisclosure or release under G.S.

130A-385(d3),130A-389(a) anyat personreasonable maytimes inspect and examineunder originalreasonable photographssupervision orvideooraudioof recordingsthe custodian of anthe autopsyperformedpursuantphotographs toor G.S.recordings.

130A-389(a)at reasonable timesand underreasonablesupervision ofthe custodianofthephotographs orrecordings.

IfExceptIf Except in cases in whichthewhich recordsthe ormaterialsmaterials are protectedfromtreated disclosureas orrecords releaseof undercriminal subsectioninvestigations (d1)under or (d3) of G.S.

130A-385,130A-385(d1), if the investigatingmedicalinvestigating medical examiner has retained the original photographs or recordings, then the investigating medical examiner is the custodian of the photographs or video or audio recordings and must shall allow the public to inspect and examine them in accordance with this subsection.

In all cases, the viewing, copying, listening to, or other handling of a photograph or video or audio recording of an autopsy shall be under the direct supervision of the Chief Medical Examiner or the Chief Medical Examiner's Page 8 Senate Bill 429-First Edition General Assembly Of North Carolina Session 2025 designee.

This subsection does not apply to autopsy photographs or video or audio recordings that are (i) treated as records of criminal investigations under G.S.

130A-385(d2)130A-385(d2). or (d6), or (ii) of a deceased child that was under 18 years of age at the time of death that a parent or guardian or person standing in loco parentis elects to protect from disclosure or release under G.S.

130A-385(d3),…." whichSECTION may5.(c) be disclosed or released to other persons or entities only with the prior consent of the deceased child's parent or guardian or person standing in loco parentis, or in accordance with G.S.

130A-385(d6).

…." Senate Bill 429-Second Edition Page 7 General Assembly Of North Carolina Session 2025 SECTION 3.(d) G.S.

public, unless the report is protectedtreated fromas disclosurea orrecord releaseof undercriminal subsectioninvestigation (d1)under or (d3) of G.S.

130A-385.130A-385(d1).

130A-389(a)." SECTION 3.(e)5.(d) This section becomes effective October 1, 2025.

INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF SOLICITATION OF MINORS BY COMPUTER SECTION 4.(a)6.(a) G.S.

(1) A Except as otherwise provided in this subsection, a first violation of this section is a Class H E felony except as provided by subdivision (2) of this subsection.Classsubsection. G felony.

A(2) secondIf either the defendant, or subsequentany violationother ofperson thisfor section,whom orthe adefendant firstwas arranging the meeting in violation of this sectionsection, committedactually whenappears at the defendantmeeting hadlocation, then the violation is a priorClass convictionG inC anyfederalfelony." orstatecourtinSECTION theUnitedStates6.(b) thatThis issection substantiallybecomes similareffective toDecember the1, offense2025, setand forthapplies into thisoffenses section,committed ison aor Classafter Ethat felony.date.

(2)REVISE IfTHE eitherLAW theGOVERNING defendant,THE orGRANTING anyOF otherIMMUNITY personTO forWITNESSES whom the defendant was arranging the meeting in violation of this section, actually appears at the meeting location, then the violation is a Class G felony.Class D felony." SECTION 4.(b)7.(a) ThisG.S. section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

REVISE THE LAW GOVERNING THE GRANTING OF IMMUNITY TO WITNESSES SECTION 5.(a) G.S.

Before making application to the judge, the district attorney must inform the Attorney General, or a deputy or assistant attorney general designated by him, of the circumstances and his intent to make an application." SECTION 5.(b)7.(b) G.S.

Before making application to the judge, the district attorneymust inform the Attorney General, or a deputy or assistant attorney general designated by him, of the circumstances and his intent to make an application." SECTION 5.(c)7.(c) This section is effective when it becomes law and applies to applications made on or after that date.

REQUIRE CERTAIN PETITIONS PERTAINING TO SEX OFFENDER REGISTRATION BE PLACED ON THE CRIMINAL DOCKET SECTION 6.(a)8.(a) G.S.

Page 8 Senate Bill 429-Second429-First Edition Page 9 General Assembly Of North Carolina Session 2025 (a) Ten years from the date of initial county registration, a person required to register under this Part may petition the superior court to terminate the 30-year registration requirement if the person has not been convicted of a subsequent offense requiring registration under this Article.

7A-49.4." SECTION 6.(b)8.(b) G.S.

Appointment of counsel shall be in accordance with rules adopted by the Office of Indigent Defense Services." SECTION 6.(c)8.(c) This section becomes effective December 1, 2025, and applies to petitions filed on or after that date.

ALLOW PERSONS OUTSIDE OF THIS STATE TO FILE FOR A DOMESTIC VIOLENCE PROTECTION ORDER SECTION 7.(a)9.(a) G.S.

Attachments to the summons shall include the complaint, notice of hearing, any temporary or ex parte order that has been issued, and other papers through the appropriate law enforcement agency where the defendant is to be Page 10 Senate Bill 429-Second429-First Edition Page 9 General Assembly Of North Carolina Session 2025 served.

1A-1, Rule 11." SECTION 7.(b)9.(b) This section becomes effective December 1, 2025, and applies to civil actions or motions filed on or after that date.

7 REVISE REQUIREMENT UNDER THE CRIME VICTIMS COMPENSATION ACT THAT CRIMINALLY INJURIOUS CONDUCT BE REPORTED TO LAW ENFORCEMENT WITHIN 72 HOURS OF ITS OCCURRENCE SECTION 8.(a)10.(a) G.S.

(6) The victim was participating in a felony at or about the time that the victim's injury occurred." SECTION 8.(b)10.(b) This section is effective when it becomes law and applies to applications filed on or after that date.

REVISE CRIMINAL OFFENSE OF SECRETLY PEEPING INTO ROOM OCCUPIED BY ANOTHER PERSON SECTION 9.(a)11.(a) G.S.

– Any photograph or photographic reproduction, still or moving, or any videotape, Page 10 Senate Bill 429-Second429-First Edition Page 11 General Assembly Of North Carolina Session 2025 motion picture, or live television transmission, or any digital image of any individual.

(2) The term "room" shall include, Private area of an individual.

(3) The term "room" shall include, Room.

(c) Unless covered byanother provision of law providing greater punishment, anyperson who, while in possession of anydeviceany device which maybemay usedbe toused create a photographic image, image and with the intent to create a photographic image, shall secretly peep into any room shall be guilty of a Class A1 misdemeanor.

Senate Bill 429-Second Edition Page 11 General Assembly Of North Carolina Session 2025 (1) For a first conviction under this section, the judge may impose a requirement that the defendant obtain a psychological evaluation and comply with any treatment recommended as a result of that evaluation.

Page 12 Senate Bill 429-First Edition General Assembly Of North Carolina Session 2025 (2) For a second or subsequent conviction under this section, the judge shall imposearequirementthat thedefendant obtainapsychological evaluation and comply with any treatment recommended as a result of that evaluation.

(n) This section does not affect the legal activities of those who are licensed pursuant to Chapter 74C, Private Protective Services, or Chapter 74D, Alarm Systems, of the General Statutes, who are legally engaged in the discharge of their official duties within their respective professions, and who are not engaging in activities for an improper purpose as described in this section." SECTION 9.(b)11.(b) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

REVISE LAW PROHIBITING SEXUAL ACTIVITY BY A SUBSTITUTE PARENT OR CUSTODIAN TO INCLUDE RELIGIOUS ORGANIZATIONS OR INSTITUTIONS SECTION 10.(a)12.(a) G.S.

14-27.3114-27.31(b) reads as rewritten:

"§"(b) 14-27.31.If a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, including a religious organization or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class E felony." SECTION 12.(b) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

SexualESTABLISH activityTHE OFFENSE OF LARCENY OF GIFT CARDS AND REVISE THE ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT CARDS SECTION 13.(a) Article 16 of Chapter 14 of the General Statutes is amended by adding a substitutenew parentsection orto custodian.read:

(a) If a defendant who has assumed the position of a parent in the home of a minor victim engages in vaginal intercourse or a sexual act with a victim who is a minor residing in the home, the defendant is guilty of a Class E felony.

(b) If a person having custody of a victim of any age or a person who is an agent or employee of any person, or institution, including a religious organization or institution, whether such institution is private, charitable, or governmental, having custody of a victim of any age engages in vaginal intercourse or a sexual act with such victim, the defendant is guilty of a Class E felony.

(c) Consent is not a defense to a charge under this section.

(d) As used in this section, "custody" means 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 Page 12 Senate Bill 429-Second Edition General Assembly Of North Carolina Session 2025 minor's welfare, safety, or supervision, regardless of whether such responsibility arises from express appointment, organizational duty, professional obligation, or circumstantial necessity." SECTION 10.(b) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

6 ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS AND REVISE THE ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT CARDS SECTION 11.(a) Article 16 of Chapter 14 of the General Statutes is amended by adding a new section to read:

Larceny of gift cards.cards;

receiving stolen gift cards or possessing stolen gift cards.

Senate Bill 429-First Edition Page 13 General Assembly Of North Carolina Session 2025 (b) Offense.

Any other violation of this section is a Class H felony." SECTION 11.(b)13.(b) G.S.

A gift card includes a record that contains a microprocessor chip, magnetic strip, or other storage medium that is prefunded and for which the value is adjusted upon each use, a gift certificate, a stored-value card or certificate, a store card, or a prepaid long-distance telephone service that is activatedbyaprepaidactivated cardthatrequireddialinganbya prepaid card that requires dialing an access numberorannumber or an access code in addition to dialing the phone number to which the user of the prepaid card seeks to connect.

Senate Bill 429-Second Edition Page 13 General Assembly Of North Carolina Session 2025 (5) Gift card value.

– The retail value of an item as advertised by the affected retail establishment, to include all applicable taxes." SECTION 11.(c)13.(c) G.S.

Page 14 Senate Bill 429-First Edition General Assembly Of North Carolina Session 2025 (1) Conspires with another person to commit theft of retail property from retail establishments with the intent to sell, transfer, or possess that retail property for monetary or other gain.

15A-132." SECTION 11.(d)13.(d) G.S.This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

1-538.2ESTABLISH readsAN asOFFENSE rewritten:FOR WRONGFULLY ENTERING A PART OF A BUILDING NOT OPEN TO THE PUBLIC SECTION 14.(a) G.S.

Page 14 Senate Bill 429-Second Edition General Assembly Of North Carolina Session 2025 "§ 1-538.2.

Civil liability for larceny, shoplifting, theft by employee, organized retail theft, embezzlement, obtaining property by false pretense, and other offenses.

(a) Any person, other than an unemancipated minor, who commits an act that is punishable under G.S.

14-72, 14-72.1, 14-72.11, 14-72.12, 14-74, 14-86.6, 14-86.7, 14-90, or 14-100 is liable for civil damages to the owner of the property.

In any action brought by the owner of the property, the owner is entitled to recover the value of the goods or merchandise, if the goods or merchandise have been destroyed, or any loss of value to the goods or merchandise, if the goods or merchandise were recovered, or the amount of any money lost by reason of the theft or embezzlement or fraud of an employee.

The owner of the property is also entitled to recover for loss to real or personal property caused in the commission of the act.

In addition to the above, the owner of the property is entitled to recover any consequential damages, and punitive damages, together with reasonable attorneys' fees.

The total consequential damages awarded to a plaintiff against a defendant under this section shall not be less than one hundred fifty dollars ($150.00) and shall not exceed three thousand dollars ($3,000) except an act punishable under G.S.

14-74, 14-86.6, 14-86.7, or 14-90 shall have no maximum limit under this section.

(b) The parent or legal guardian, having the care, custody and control of an unemancipated minor who commits an act punishable under G.S.

14-72, 14-72.1, 14-72.11, 14-72.12, 14-74, 14-86.6, 14-86.7, 14-90, or 14-100, is civillyliable to the owner of the property obtained bythe act if such parent or legal guardian knew or should have known of the propensity of 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.

In an action brought against the parent or legal guardian by the owner, the owner is entitled to recover the amounts specified in subsection (a) except punitive damages.

The total consequential damages awarded to a plaintiff against the parent or legal guardian shall not be less than one hundred fifty dollars ($150.00) and shall not exceed three thousand dollars ($3,000).

…." SECTION 11.(e) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

ESTABLISH AN OFFENSE FOR WRONGFULLY ENTERING A PART OF A BUILDING NOT OPEN TO THE PUBLIC SECTION 12.(a) G.S.

"(b1) Any person who,who withknowingly theand intentwrongfully to commit an unlawful act, enters any area of a building (i) that is (i) commonly reserved for personnel of a commercial business where money or other property is kept or (ii) clearly marked with a sign that indicates to the public that entry is forbidden is guilty of a Class 1 misdemeanor for a first offense and a Class I felony for a second or subsequent offense." SECTION 12.(b)14.(b) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

Senate Bill 429-First Edition Page 15 General Assembly Of North Carolina Session 2025 2 ALLOW UNLICENSED LAW SCHOOL GRADUATES TO PRACTICE LAW UNDER SUPERVISION SECTION 13.15.

84-5.1." 9 CLARIFY THAT ALL FELONY SCHOOL NOTIFICATIONS ARE LIMITED TO CLASS A THROUGH CLASS E FELONIES SECTION 14.16.

Senate Bill 429-Second Edition Page 15 General Assembly Of North Carolina Session 2025 "(a) Notwithstanding G.S.

As used in this subsection, the term "offense" does not include any offense under Chapter 20 of the General Statutes." ALLOW TRANSFER OF BIOLOGICAL EVIDENCE BACK TO THE COLLECTING AGENCY FOR PRESERVATION SECTION 15.17.

The court may order that the evidence be returned toPage the16 collectingSenate agencyBill to429-First beEdition preservedGeneral duringAssembly theOf pendencyNorth ofCarolina theSession proceedings2025 forto which the evidencecollecting wasagency introducedto be preserved pursuant to subsection (a1)(a4) of this section 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 agencyagencyall allagree. agree." REVISE LAW GOVERNING THE RECORDING OF COURT PROCEEDINGS SECTION 16.(a) G.S.

If the court orders the return pursuant to this subsection, the evidence shall be preserved until such time as the clerk notifies the collecting agency that preservation is no longer required for the period prescribed in subsection (a4) of this section and the period required pursuant to subsection (a6) of this section has also passed." 9 REVISE LAW GOVERNING THE RECORDING OF COURT PROCEEDINGS SECTION 18.(a) G.S.

Page 16 Senate Bill 429-Second Edition General Assembly Of North Carolina Session 2025 (1) Selection of the jury in noncapital cases;

…." SECTION 16.(b)18.(b) This section is effective when it becomes law and applies to proceedings commenced on or after that date.

INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF FAILURE TO YIELD THAT RESULTS IN SERIOUS BODILY INJURY SECTION 17.(a)19.(a) G.S.

When there is serious bodily injury but no death resulting from the violation, the violator is guilty of a Class 2 misdemeanor, which shall befined include afineof fivehundred dollars($500.00) and and,upon conviction, revocation of the violator's drivers license or commercial drivers license shall be suspended for 90 days." SECTION 17.(b)19.(b) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

INCREASE THE PENALTY FOR FAILURE TO YIELD THE RIGHT-OF-WAY TO A BLIND OR PARTIALLY BLIND PEDESTRIAN SECTION 18.(a)20.(a) G.S.

Upon receiving such a signal, all vehicles at or approaching such intersection or crossing shall come to a full stop, leaving a clear lane Senate Bill 429-First Edition Page 17 General Assembly Of North Carolina Session 2025 throughwhichsuchpedestrianmaypass,andsuchvehicleshall remainstationaryuntilsuchblind or partially blind pedestrian has completed the passage of such crossing or intersection.

At any street, road or highway crossing or intersection, where the movement of traffic is regulated by traffic-control signals, blind or partially blind pedestrians shall be entitled to the right-of-way if such person having such cane or accompanied bya guide dog shall be partly across such crossing orintersection at thetime thetraffic-control signals change, and all vehicles shall stop andremainand remain stationary until such pedestrian has completed passage across the intersection or crossing.

Any person who fails to yield the right-of-way to a blind or partially blind pedestrian as required by this section is guilty of a Class 2 misdemeanor." SECTION 18.(b)20.(b) This section becomes effective December 1, 2026, and applies to offenses committed on or after that date.

INCREASESEVERABILITY, PUNISHMENTSAVINGS FORCLAUSE, FENTANYLAND OFFENSESEFFECTIVE SenateDATE BillSECTION 429-Second21.(a) EditionIf Pageany 17provision Generalof Assemblythis Ofact Northor Carolinaits Sessionapplication 2025is SECTIONheld 19.(a)invalid, G.S.the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.

90-95SECTION reads21.(b) asProsecutions rewritten:for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

"§SECTION 90-95.21.(c) Except as otherwise provided, this act is effective when it becomes law.

Violations;Page 18 Senate Bill 429-First Edition

penalties.

(a) Except as authorized by this Article, it is unlawful for any person:

(1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;

(2) To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit controlled substance;

(3) To possess a controlled substance.

(b) Except as provided in subsections (h) and (i) of this section, any person who violates G.S.

90-95(a)(1) with respect to:

(1) A controlled substance classified in Schedule I or II shall be punished as a Class H felon, except as follows:

(i) the sale of a controlled substance classified in Schedule I or II shall be punished as a Class G felony, and (ii) the manufacture of methamphetamine shall be punished as provided by subdivision (1a) of this subsection.subsection, and (iii) any violation of G.S.

90-95(a)(1) involving fentanyl or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances shall be punished as provided in subdivision (1b) of this subsection.

(1a) The manufacture of methamphetamine shall be punished as a Class C felony unless the offense was one of the following:

packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container.

The offense of packaging or repackaging methamphetamine, or labeling or relabeling the methamphetamine container shall be punished as a Class H felony.

(1b) Any violation of G.S.

90-95(a)(1) involving fentanyl or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances shall be punished as a Class F felony.

(2) A controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class I felon, except that the sale of a controlled substance classified in Schedule III, IV, V, or VI shall be punished as a Class H felon.

The transfer of less than 5 grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S.

90-95(a)(1).

(c) Any person who violates G.S.

90-95(a)(2) shall be punished as a Class I felon.

(d) Except as provided in subsections (h) and (i) of this section, any person who violates G.S.

90-95(a)(3) with respect to:

(1) A controlled substance classified in Schedule I shall be punished as a Class I felon.

However, if the controlled substance is MDPV and the quantity of the MDPV is 1 gram or less, the violation shall be punishable as a Class 1 misdemeanor.

(2) A controlled substance classified in Schedule II, III, or IV shall be guilty of a Class 1 misdemeanor.

If the controlled substance exceeds four tablets, capsules, or other dosage units or equivalent quantity of hydromorphone or if the quantity of the controlled substance, or combination of the controlled substances, exceeds one hundred tablets, capsules or other dosage units, or equivalent quantity, the violation shall be punishable as a Class Ifelony.

If the controlled substance is methamphetamine, amphetamine, phencyclidine, cocaine, fentanyl, or carfentanil or cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative or Page 18 Senate Bill 429-Second Edition General Assembly Of North Carolina Session 2025 preparation thereof which is chemically equivalent or identical with any of these substances (except decocanized coca leaves or any extraction of coca leaves which does not contain cocaine or ecgonine), the violation shall be punishable as a Class I felony.

If the controlled substance is fentanyl or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances the violation is punishable as a Class H felony.

… (h) Notwithstanding anyother provision of law, the following provisions apply except as otherwise provided in this Article:

… (4) Any Except as provided in subdivision (4c) of this subsection any person who sells, manufactures, delivers, transports, or possesses four grams or more of opium, opiate, or opioid, or any salt, compound, derivative, or preparation of opium, opiate, or opioid (except apomorphine, nalbuphine, analoxone and naltrexone and their respective salts), including heroin, or any mixture containing such substance, shall be guilty of a felony which felony shall be known as "trafficking in opium, opiate, opioid, or heroin" and if the quantity of such controlled substance or mixture involved:

a.

Is four grams or more, but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 93 months in the State's prison and shall be fined as follows:

1.

A fine of five hundred thousand dollars ($500,000) if the controlled substance is heroin, fentanyl, or carfentanil, heroin, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances.that substance.

2.

A fine of not less than fifty thousand dollars ($50,000) for any controlled substance described in this subdivision and not otherwise subject to sub-sub-subdivision 1.

of this sub-subdivision.

b.

Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 120 months in the State's prison and shall be fined as follows:

1.

A fine of seven hundred fifty thousand dollars ($750,000) if the controlled substance is heroin, fentanyl, or carfentanil, heroin, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances.that substance.

2.

A fine of not less than one hundred thousand dollars ($100,000) for any controlled substance described in this subdivision and not otherwise subject to sub-sub-subdivision 1.

of this sub-subdivision.

c.

Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 282 months in the State's prison and shall be fined as follows:

1.

A fine of one million dollars ($1,000,000) if the controlled substance is heroin, fentanyl, or carfentanil, heroin, or anysalt, Senate Bill 429-Second Edition Page 19 General Assembly Of North Carolina Session 2025 compound, derivative, or preparation thereof, or any mixture containing any of these substances.that substance.

2.

A fine of not less than five hundred thousand dollars ($500,000) for any controlled substance described in this subdivision and not otherwise subject to sub-sub-subdivision 1.

of this sub-subdivision.

… (4c) Any person who sells, manufactures, delivers, transports, or possesses four grams or more of fentanyl or carfentanil, or anysalt, compound, derivative, or preparation of such substance, or anymixture containing such substance, shall be guilty of a felony which felony shall be known as "trafficking in fentanyl or carfentanil" and if the quantity of such controlled substance or mixture involved:

a.

Is four grams or more, but less than 14 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 120 months in the State's prison and shall be fined five hundred thousand dollars ($500,000).

b.

Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class D felon and shall be sentenced to a minimum term of175monthsandamaximumtermof222months intheState'sprison and shall be fined seven hundred fifty thousand dollars ($750,000).

c.

Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 282 months in the State's prison and shall be fined one million dollars ($1,000,000).

…." SECTION 19.(b) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

SEVERABILITY, SAVINGS CLAUSE, AND EFFECTIVE DATE SECTION 20.(a) If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.

SECTION 20.(b) Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

SECTION 20.(c) Except as otherwise provided, this act is effective when it becomes law.

Page 20 Senate Bill 429-Second Edition