HB 95 — Threaten Elected Official/Increase Punishment.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 95 Committee Substitute Favorable 3/11/25 Short Title:

Representatives Kidwell, Moss, Adams, and Wheatley (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

State and Local Government, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House February 12, 2025 A BILL TO BE ENTITLED AN ACT TO INCREASE THE PUNISHMENT IMPOSED FOR ANA ASSAULT OR THREAT AGAINST ANA EXECUTIVELOCAL OFFICER,ELECTED LEGISLATIVEOFFICER OFFICER,AND COURTTO OFFICER,REQUIRE ORTHE LOCALEXECUTION ELECTEDOF OFFICERA ANDSECURED TOAPPEARANCE REQUIREBOND PRETRIALFOR RELEASEA CONDITIONSCERTAIN AMOUNT FOR ANY PERSON CHARGED WITH ASSAULTING OR MAKING A THREAT AGAINST AN EXECUTIVE OFFICER, LEGISLATIVE OFFICER, COURT OFFICER, LOCAL ELECTED OFFICER, OR ELECTION OFFICEROFFICER. TO BE DETERMINED BY A JUDGE.

… "§ 14-16.6.14-16.7.

Assault on executive, legislative, or court officer.court, or local elected officers.

(a) Any person who assaults any legislative officer, executive officer, or court officer, or local elected officer, or assaults another person as retaliation against any legislative officer, executive officer, or court officer officer, or local elected officer because of the exercise of that officer's duties, or any person who makes a violent attack upon the residence, office, temporary accommodation or means of transport of any one of those officers or persons in a manner likely to endanger the officer or person, shall be guilty of a felony and shall be punished as a Class I Class G felon.

(b) Any person who commits an offense under subsection (a) and uses a deadly weapon in the commission of that offense shall be punished as a Class F Class D felon.

(c) Any person who commits an offense under subsection (a) and inflicts serious bodily injury to any legislative officer, executive officer, or court officer, or local elected officer shall be punished as a Class E Class C felon.

"§ 14-16.7.

(a) Any person who knowingly and willfully makes any threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, or court officer, or local elected officer, or who knowingly and willfully makes any threat to inflict serious bodily injury upon or kill any other person as retaliation against any legislative officer, executive officer, or court officer officer, or local elected officer because of the exercise of that officer's duties, shall be guilty of a felony and shall be punished as a Class I Class H felon.

(b) Any person who knowingly and willfully deposits for conveyance in the mail any letter,writing,orotherdocumentcontainingathreattocommitanoffensedescribedinsubsection (a) of this section shall be guilty of a felony and shall be punished as a Class I Class H felon.

*H95-v-2* General Assembly Of North Carolina Session 2025 In prosecutions under G.S.

any attorney or other individual employed by, *H95-v-1* General Assembly Of North Carolina Session 2025 contracted by, or acting on behalf of a county department of social services, as defined in G.S.

bailbail. and pretrial release.

(a) In all cases in which the defendant is charged with a violation of G.S.

14-16.6,14-16.7 14-16.7, or 163-275(11),G.S. except as provided in subsection (b) of this section, the judicial official who determines the conditions of pretrial release shall be a judge.

The163-275(11), judgeand shallin directaddition a law enforcement officer or a district attorney to provideany aother criminalapplicable historyprovisions report for the defendant and shall considerthecriminal historywhensettingconditions ofrelease.Aftersettingconditions of release,G.S. the judge shall return the report to the providing agency or department.

No15A-534, judgethe shalljudicial unreasonablyofficial delaywho determines the determination of conditions of pretrial release forshall require the purposedefendant ofto reviewingexecute thea defendant'ssecured criminalappearance historybond report.in an amount no less than fifty thousand dollars ($50,000)." SECTION 4.

The following provisions shall apply in addition to the provisions of G.S.

15A-534:

(1) Upon a determination bythe judge that the immediate release of the defendant will pose a danger of injury to persons and upon a determination that the execution of an appearance bond as required by G.S.

15A-534 will not reasonably assure that such injury will not occur, a judge may retain the defendant in custody for a reasonable period of time while determining the conditions of pretrial release.

(2) A judge may impose the following conditions on pretrial release:

a.

Thatthedefendantstayawayfromthe home,school,business,orplace of employment of the alleged victim.

b.

That the defendant refrain from assaulting or threatening the alleged victim.

c.

That the defendant stay away from specific locations or property where the offense occurred.

Page 2 House Bill 95-Second Edition General Assembly Of North Carolina Session 2025 d.

That the defendant stay away from other specified locations or property.

The conditions set forth in this subdivision may be imposed in addition to requiring that the defendant execute a secured appearance bond.

(3) Should the defendant be mentally ill and dangerous to himself or herself or others or a substance abuser and dangerous to himself or herself or others, the provisions of Article 5 of Chapter 122C of the General Statutes shall apply.

(b) Adefendant mayberetainedin custodynot morethan48 hoursfrom thetimeofarrest without a determination being made under this section by a judge.

If a judge has not acted pursuant to this section within 48 hours of arrest, the magistrate shall act under the provisions of this section." SECTION 4.

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