HB 308 — 2026 Criminal Law Changes.
Last action — Conf Com Appointed
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House. Introduced March 05, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Passed House
Current position in the legislative process.
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4 sponsors
0 primary, 4 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (4 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
This bill involves changes to criminal law for the year 2026.
The bill proposes modifications to existing criminal laws to take effect in 2026. Specific details on the changes are not provided in the source text.
Bill Text
What changed in the latest version
333 added · 377 removedPlain-language change summary
The amended bill now clarifies that individuals with pending charges cannot have their records expunged, which ensures that those facing current legal issues remain accountable for their actions. Additionally, it specifies that sentences for certain crimes must be served one after the other unless the court decides otherwise, meaning that offenders could face longer terms in prison for multiple convictions. This change aims to strengthen penalties for serious crimes like habitual domestic violence and enhance public safety by ensuring that repeat offenders face stricter consequences.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 308 Committee Substitute Favorable 3/18/25 Short Title:
Representative Stevens.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Judiciary 2, if favorable, Rules, Calendar, and Operations of the House March 6, 2025 A BILL TO BE ENTITLED AN ACT TO AMEND STRANGULATION PENALTIES, TO MAKE CLARIFYING CHANGES REGARDING THE MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, TO CREATEPROHIBIT A FELONY CRIME OF HABITUAL DOMESTIC VIOLENCE, TO CLARIFY EXPUNCTIONS MAY NOT BE GRANTED FOR PERSONS WITH PENDING CHARGES, TOCLARIFY WHOMAYREQUESTCONFIRMATIONOFEXPUNCTION, AND TO REQUIRE SENTENCES TO RUN CONSECUTIVELY IF NOT SPECIFIED BY THE COURT.
9 AMEND STRANGULATION PENALTIES SECTION 1.(a) G.S.
The purpose of the Blue Alert System is to aid in the apprehension of a suspect who kills or inflicts serious bodily injury on a law enforcement officer by providing a statewide *H308-v-2* General Assembly Of North Carolina Session 2025 system forthe rapid dissemination ofinformation regardingthe suspect.
14-32.4." SECTION*H308-v-1* 1.(c)General ThisAssembly sectionOf becomesNorth effectiveCarolina DecemberSession 1,2025 2025,2 andCLARIFYING appliesCHANGES toREGARDING offensesMISDEMEANOR committedCRIME onOF orDOMESTIC afterVIOLENCE thatSECTION date.2.(a) G.S.
6 CLARIFYING CHANGES REGARDING MISDEMEANOR CRIME OF DOMESTIC VIOLENCE SECTION 2.(a) G.S.
– An officer may arrest without a warrant any person who the officer has probable cause to believe:believebelieve: has committed or violated any of the following:
orAor felony.b.
b.Has committed a misdemeanor, and:
Has committed a misdemeanor, and:A misdemeanor, when the person meets at least one of the following criteria:
Will not be apprehended unless immediately arrested, orarrested.or 2.
2.
orarrested.or c.
c.Has committed a misdemeanor under G.S.
Has committed a A misdemeanor under G.S.
or20-138.2.or d.
d.Has committed a misdemeanor under G.S.
Has committed a A misdemeanor under G.S.
orG.S.or e.
50B-1.Has committed a misdemeanor under G.S.
e.
Has committed a A misdemeanor under G.S.
orG.S.or f.
50B-4.1(a).Has violated a pretrial release order entered under G.S.
f.
Has violated a A pretrial release order entered under G.S.
AHas committed a misdemeanor under G.S.
"(a) In all cases in which the defendant is charged with assault on, stalking, communicatingathreatto,orcommittingafelonyprovidedinArticles7B,8,10,or15ofChapter 14 of the General Statutes upon a spouse or former spouse, a person with whom the defendant Page 2 House Bill 308-Second Edition General Assembly Of North Carolina Session 2025 lives or has lived as if married, or a person with whom the defendant is or has been in a dating relationship as defined in G.S.
No judge shall unreasonably delay the determination of Page 2 House Bill 308-First Edition General Assembly Of North Carolina Session 2025 conditions of pretrial release for the purpose of reviewing the defendant's criminal historyreport.
(3) Should the defendant be mentally ill and dangerous to himself or others or a substance abuser and dangerous to himself or others, the provisions of Article 5 of Chapter 122C of the General Statutes shall apply." SECTIONPROHIBIT 2.(e)EXPUNCTIONS ThisFOR sectionPERSONS becomesWITH effectivePENDING DecemberCHARGES 1,SECTION 2025,3.(a) andG.S. applies to offenses committed on or after that date.
CREATE FELONY CRIME OF HABITUAL DOMESTIC VIOLENCE SECTION3.(a) Article8ofChapter14oftheGeneralStatutesisamended byadding a new section to read:
"§ 14-32.6.
Habitual domestic violence.
(a) A person commits the offense of habitual domestic violence if that person commits an offense under G.S.
14-32.5, or commits an assault where the person is related to the victim by one or more of the relationship descriptions set forth in G.S.
14-32.5, and has two or more prior convictions that include either of the following combination of offenses, with the earlier of the two prior convictions occurring no more than 15 years prior to the date of the current violation:
House Bill 308-Second Edition Page 3 General Assembly Of North Carolina Session 2025 (1) Two or more convictions of an offense under G.S.
14-32.5 or an offense committed in another jurisdiction substantially similar to an offense under G.S.
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14-32.5.
(2) One prior conviction of an offense described in subdivision (1) of this subsection and at least one prior conviction of an offense in this State or another jurisdiction involving an assault where the person is related to the victim by one or more of the relationship descriptions set forth in G.S.
14-32.5.
(b) A conviction under this section shall not be used as a prior conviction for any other habitual offense statute.
A person convicted of violating this section is guilty of a Class H felony for the first offense.
Subsequent convictions for violating this section shall each be punished at a level which is one offense class higher than the offense class of the most recent prior conviction under this section, not to exceed a Class C felony." SECTION 3.(b) This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.
EXPUNCTION MODIFICATIONS SECTION 4.(a) G.S.
(2) The petitioner is free on bond or personal recognizance pending trial, appeal, orsentencingin anyfederal courtorstatecourtin theUnitedStates fora crime whichwouldprohibitthepersonfromhavinghisorherpetitionforexpunction under this section granted." SECTION 4.(b)3.(b) G.S.
14-50.29 and that the person had House Bill 308-First Edition Page 3 General Assembly Of North Carolina Session 2025 not yet attained 18 years of age at the time of the offense or (ii) the petitioner has remained of good behavior and been free of conviction of any felony or misdemeanor other than a traffic violation for two years from the date of conviction of the offense in question, the petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner, and the petitioner had not attained the age of 18 years at the time of the offense in question, it shall order that such person be restored, in the contemplation of the law, to the status occupied by the petitioner before such arrest or indictment or information, and that the record be expunged from the records of the court.court, unless the court finds one of the following:
(2) The petitioner is free on bond or personal recognizance pending trial, appeal, orsentencingin anyfederal courtorstatecourtin the UnitedStates fora crime Pagewhichwouldprohibitthepersonfromhavinghisorherpetitionforexpunction 4 House Bill 308-Second Edition General Assembly Of North Carolina Session 2025 whichwouldprohibitthepersonfromhavinghisorherpetitionfor expunction granted under this section." SECTION 4.(c)3.(c) G.S.
(2) The petitioner is free on bond or personal recognizance pending trial, appeal, orsentencingin anyfederal courtorstatecourtin the UnitedStates fora crime whichwouldprohibitthepersonfromhavinghisorherpetitionforexpunction granted under this section." SECTION 4.(d)3.(d) G.S.
(2) The petitioner is free on bond or personal recognizance pending trial, appeal, orsentencingin anyfederal courtorstatecourtin theUnitedStates fora crime whichwouldprohibitthepersonfromhavinghisorherpetitionforexpunction granted under this section." SECTION 4.(e)3.(e) G.S.
Page 4 House Bill 308-First Edition General Assembly Of North Carolina Session 2025 (3a) The petitioner is not free on bond or personal recognizance pending trial, appeal, or sentencing in any federal court or state court in the United States for a crime which would prohibit the person from having his or her petition for expunction under this section granted.
House Bill 308-Second Edition Page 5 General Assembly Of North Carolina Session 2025 (7) The search of the confidential records of expunctions conducted by the Administrative Office of the Courts shows that the petitioner has not been previously granted an expunction." SECTION 4.(f)3.(f) G.S.
(5) The search of the confidential records of expunctions conducted by the Administrative Office of the Courts shows that the petitioner has not been previously granted an expunction, other than an expunction for a prostitution offense." SECTION 4.(g)3.(g) G.S.
The petition shall not be filed until (i) any active sentence, period of probation, and post-release supervision ordered for the offense has been served and (ii) the person has no restitution orders for the offense or outstanding civil judgments representingrepresentingamounts amounts ordered for restitution for the offense.
(b) An offense is not eligible for expunction under this section if it is (i) a violation of the motor vehicle laws under Chapter 20 of the General Statutes, including any offense involving House Bill 308-First Edition Page 5 General Assembly Of North Carolina Session 2025 impaired driving as defined in G.S.
Page 6 House Bill 308-Second Edition General Assembly Of North Carolina Session 2025 (d) If the court, after hearing, finds that (i) the offense was a misdemeanor or Class H or I felony eligible for expunction under this section, (ii) the offense was committed prior to December 1, 2019, and while the person was less than 18 years of age, but at least 16 years of age, (iii) any active sentence, period of probation, and post-release supervision ordered for the offensewas completed, and (iv)thepersonhas no restitution ordersfortheoffenseoroutstanding civil judgments representing amounts ordered for restitution for the offense, the court shall order that the person be restored, in the contemplation of the law, to the status the person occupied before such arrest or indictment or information, and that the record be expunged from the records of the court.
The court shall direct all law enforcement agencies, the Department of Adult Correction, the Division of Motor Vehicles, and any other State or local government agencies identified by Page 6 House Bill 308-First Edition General Assembly Of North Carolina Session 2025 thepetitioneras bearingrecordofthesameto expungetheirrecordsofthepetitioner's conviction.
This subsection does not apply to petitions filed by an indigent." SECTION 4.(h)3.(h) G.S.
House Bill 308-Second Edition Page 7 General Assembly Of North Carolina Session 2025 (1) The criteria set out in subsection (b) of this section are satisfied.
(3) The petitioner has no outstanding restitution orders or civil judgments representing amounts ordered for restitution entered against the petitioner." SECTIONREQUIRE 4.(i)SENTENCES ThisTO sectionRUN becomesCONSECUTIVELY effectiveIF DecemberNOT 1,SPECIFIED 2025,SECTION and4. applies to petitions filed on or after that date.
SECTION 5.(a) G.S.
15A-151(a)(2) reads as rewritten:
"(2) Upon request of a person person, or an attorney representing the person, requesting confirmation of the person's own discharge or expunction." SECTION5.(b) Thissectioniseffectivewhenitbecomeslawandapplies torequests made on or after that date.
REQUIRE SENTENCES TO RUN CONSECUTIVELY IF NOT SPECIFIED SECTION 6.(a) G.S.
If not specified or not required bystatute to run consecutively, bythe court, sentences shall run concurrently.consecutively." SECTIONEFFECTIVE 6.(b)DATE ThisSECTION section5. becomes effective December 1, 2025, and applies to offenses committed on or after that date.
EFFECTIVESection DATE3 SECTIONof 7.this act becomes effective December 1, 2025, and applies to petitions filed on or after that date.
ExceptThe asremainder otherwiseof provided, this act isbecomes effective whenDecember it1, becomes2025, law.and applies to offenses committed on or after that date.
Page 8 House Bill 308-Second308-First Edition Page 7
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Action History
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Conf Com Appointed
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Failed Concur In S Com Sub
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Withdrawn From Com
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Placed On Cal For 06/30/2026
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Withdrawn From Cal
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Re-ref Com On Rules, Calendar, and Operations of the House
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Withdrawn From Cal
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Re-ref Com On Rules, Calendar, and Operations of the House
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Withdrawn From Com
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Cal Pursuant Rule 36(b)
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Withdrawn From Com
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Added to Calendar
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Withdrawn From Cal
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Cal Pursuant Rule 36(b)
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Ref To Com On Rules, Calendar, and Operations of the House
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Regular Message Sent To House
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Regular Message Received For Concurrence in S Com Sub
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Amend Adopted A1
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Amend Tabled A2
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Passed 2nd Reading
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Passed 3rd Reading
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Engrossed
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Reptd Fav
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Reptd Fav Com Substitute
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Com Substitute Adopted
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Re-ref Com On Rules and Operations of the Senate
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Withdrawn From Com
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Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
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Regular Message Sent To Senate
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Regular Message Received From House
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Passed 2nd Reading
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Passed 3rd Reading
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Reptd Fav
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Cal Pursuant Rule 36(b)
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Placed On Cal For 04/09/2025
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Reptd Fav Com Sub 2
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Re-ref Com On Rules, Calendar, and Operations of the House
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Withdrawn From Cal
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Re-ref Com On Judiciary 2
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Reptd Fav
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Cal Pursuant Rule 36(b)
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Placed On Cal For 03/25/2025
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Reptd Fav Com Substitute
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Re-ref Com On Rules, Calendar, and Operations of the House
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Passed 1st Reading
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Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
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Filed
Sponsors
- Bill Ward · Cosponsor
- Keith Kidwell · Cosponsor
- William D. Brisson · Cosponsor
- Sarah Stevens · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 4 co-sponsors · 175 not signed on · 4 voted No
Sponsors (0)
None.
Co-sponsors (4)
- Bill Ward Republican
- Keith Kidwell Republican
- William D. Brisson Republican
- Sarah Stevens Republican
Not signed on (175)
175 members have not signed on to this bill.
Show all 175 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 31 | 0 | 0 | 3 |
| Unaffiliated | 23 | 0 | 0 | 3 |
| U | 2 | 0 | 0 | 0 |
| Republican | 49 | 4 | 0 | 5 |
| Total | 105 | 4 | 0 | 11 |
| % of votes cast | 88% | 3% | 0% | 9% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Autry | — | Yea |
| Clemmons | — | Yea |
| Gill | — | Yea |
| Harris | — | Yea |
| Lucas | — | Yea |
| Rudow | — | Yea |
| CharlesSmith | — | Yea |
| Staton-Williams | — | Yea |
| vonHaefen | — | Yea |
| Wray | — | Yea |
| Crutchfield | — | Yea |
| Elmore | — | Yea |
| Faircloth | — | Yea |
| Lowery | — | Yea |
| Mills | — | Yea |
| Moore | — | Yea |
| Reeder | — | Yea |
| Saine | — | Yea |
| Sasser | — | Yea |
| CarsonSmith | — | Yea |
| Sossamon | — | Yea |
| Bradford | — | Not Voting |
| Cleveland | — | Not Voting |
| Fontenot | — | Not Voting |
| F. Jackson | — | Yea |
| K. Baker | — | Yea |
| Abe Jones | Democratic | Yea |
| Allen Buansi | Democratic | Yea |
| Allison A. Dahle | Democratic | Yea |
| Amber M. Baker | Democratic | Yea |
| Amos L. Quick, III | Democratic | Not Voting |
| B. Ray Jeffers | Democratic | Yea |
| Becky Carney | Democratic | Yea |
| Brandon Lofton | Democratic | Yea |
| Carolyn G. Logan | Democratic | Not Voting |
| Cecil Brockman | Democratic | Yea |
| Cynthia Ball | Democratic | Yea |
| Deb Butler | Democratic | Yea |
| Eric Ager | Democratic | Yea |
| Garland E. Pierce | Democratic | Yea |
| Gloristine Brown | Democratic | Yea |
| James Roberson | Democratic | Yea |
| Joe John | Democratic | Yea |
| Kanika Brown | Democratic | Not Voting |
| Laura Budd | Democratic | Yea |
| Lindsey Prather | Democratic | Yea |
| Marcia Morey | Democratic | Yea |
| Maria Cervania | Democratic | Yea |
| Mary Belk | Democratic | Yea |
| Pricey Harrison | Democratic | Yea |
| Renée A. Price | Democratic | Yea |
| Robert T. Reives, II | Democratic | Yea |
| Sarah Crawford | Democratic | Yea |
| Shelly Willingham | Democratic | Yea |
| Terence Everitt | Democratic | Yea |
| Terry M. Brown Jr. | Democratic | Yea |
| Tim Longest | Democratic | Yea |
| Vernetta Alston | Democratic | Yea |
| Ya Liu | Democratic | Yea |
| Zack Hawkins | Democratic | Yea |
| A. Reece Pyrtle, Jr. | Republican | Yea |
| Allen Chesser | Republican | Yea |
| Ben T. Moss, Jr. | Republican | Nay |
| Bill Ward | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Brian Biggs | Republican | Yea |
| Celeste C. Cairns | Republican | Yea |
| Charles W. Miller | Republican | Yea |
| Chris Humphrey | Republican | Yea |
| David Willis | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Not Voting |
| Diane Wheatley | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donnie Loftis | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Dudley Greene | Republican | Not Voting |
| Edward C. Goodwin | Republican | Yea |
| Erin Paré | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Howard Penny, Jr. | Republican | Yea |
| Hugh Blackwell | Republican | Yea |
| Jake Johnson | Republican | Yea |
| Jay Adams | Republican | Nay |
| Jeff Zenger | Republican | Yea |
| Jeffrey C. McNeely | Republican | Yea |
| Jennifer Balkcom | Republican | Yea |
| Jerry "Alan" Branson | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John R. Bell, IV | Republican | Yea |
| John Sauls | Republican | Yea |
| Joseph Pike | Republican | Yea |
| Julia C. Howard | Republican | Not Voting |
| Karl E. Gillespie | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Yea |
| Kyle Hall | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mark Pless | Republican | Yea |
| Matthew Winslow | Republican | Yea |
| Mike Clampitt | Republican | Nay |
| Mitchell S. Setzer | Republican | Nay |
| Neal Jackson | Republican | Not Voting |
| Phil Shepard | Republican | Yea |
| Ray Pickett | Republican | Yea |
| Sam Watford | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Steve Tyson | Republican | Yea |
| Ted Davis, Jr. | Republican | Yea |
| Tricia Ann Cotham | Republican | Yea |
| W. Ted Alexander | Republican | Not Voting |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Yea |
| Nasif Majeed | U | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 15 | 0 | 0 | 1 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Republican | 26 | 0 | 0 | 0 |
| Total | 49 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| Bode | — | Yea |
| Hunt | — | Yea |
| Marcus | — | Yea |
| Woodard | — | Yea |
| Krawiec | — | Yea |
| Perry | — | Yea |
| Proctor | — | Yea |
| P. Newton | — | Yea |
| Dan Blue | Democratic | Yea |
| DeAndrea Salvador | Democratic | Yea |
| Gale Adcock | Democratic | Yea |
| Gladys A. Robinson | Democratic | Not Voting |
| Graig Meyer | Democratic | Yea |
| Jay J. Chaudhuri | Democratic | Yea |
| Joyce Waddell | Democratic | Yea |
| Julie Mayfield | Democratic | Yea |
| Kandie D. Smith | Democratic | Yea |
| Lisa Grafstein | Democratic | Yea |
| Michael Garrett | Democratic | Yea |
| Mujtaba A. Mohammed | Democratic | Yea |
| Natalie S. Murdock | Democratic | Yea |
| Paul A. Lowe, Jr. | Democratic | Yea |
| Sydney Batch | Democratic | Yea |
| Val Applewhite | Democratic | Yea |
| Amy S. Galey | Republican | Yea |
| Benton G. Sawrey | Republican | Yea |
| Bill Rabon | Republican | Yea |
| Bobby Hanig | Republican | Yea |
| Brad Overcash | Republican | Yea |
| Brent Jackson | Republican | Yea |
| Carl Ford | Republican | Yea |
| Danny Earl Britt, Jr. | Republican | Yea |
| David W. Craven, Jr. | Republican | Yea |
| Eddie D. Settle | Republican | Yea |
| Jake Johnson | Republican | Yea |
| Jim Burgin | Republican | Yea |
| Kevin Corbin | Republican | Yea |
| Lisa S. Barnes | Republican | Yea |
| Michael A. Lazzara | Republican | Yea |
| Michael V. Lee | Republican | Yea |
| Norman W. Sanderson | Republican | Yea |
| Paul Newton | Republican | Yea |
| Phil Berger | Republican | Yea |
| Ralph Hise | Republican | Yea |
| Steve Jarvis | Republican | Yea |
| Timothy D. Moffitt | Republican | Yea |
| Tom McInnis | Republican | Yea |
| Vickie Sawyer | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| Warren Daniel | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 308?
- HB 308 is sponsored by Bill Ward (Republican), Keith Kidwell (Republican), William D. Brisson (Republican), and Sarah Stevens (Republican).
- What is the current status of HB 308?
- This bill has passed the House. Introduced March 05, 2025. It now moves to the second chamber.
- Where can I track HB 308?
- Track HB 308 free on One Click Politics — get push/email alerts when it moves.
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