North CarolinaSB 4292025-2026 SessionSenateWALLET

AN ACT TO SET LIMITS ON MOTIONS FOR APPROPRIATE RELIEF IN NONCAPITAL CASES; TO BAN HEMP-DERIVED CONSUMABLE PRODUCTS FROM SCHOOL GROUNDS; TO CREATE A NEW CRIMINAL OFFENSE FOR EXPOSING A CHILD TO A CONTROLLED SUBSTANCE; TO INCREASE THE PUNISHMENT FOR POSSESSING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY; TO REVISE LAWS PERTAINING TO THE DISCLOSURE AND RELEASE OF AUTOPSY INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE CHIEF MEDICAL EXAMINER; TO INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF SOLICITATION OF MINORS BY COMPUTER; TO REVISE THE LAW GOVERNING THE GRANTING OF IMMUNITY TO WITNESSES; TO REQUIRE CERTAIN PETITIONS PERTAINING TO SEX OFFENDER REGISTRATION BE PLACED ON THE CRIMINAL DOCKET; TO CLARIFY THE STANDING OF DISTRICT ATTORNEYS IN CERTAIN CASES; TO ALLOW PERSONS OUTSIDE OF THIS STATE TO FILE FOR A DOMESTIC VIOLENCE PROTECTION ORDER; TO REVISE THE REQUIREMENT UNDER THE CRIME VICTIMS COMPENSATION ACT THAT CRIMINALLY INJURIOUS CONDUCT BE REPORTED TO LAW ENFORCEMENT WITHIN SEVENTY-TWO HOURS OF ITS OCCURRENCE; TO REVISE THE CRIMINAL OFFENSE OF SECRETLY PEEPING INTO ROOM OCCUPIED BY ANOTHER PERSON; TO REVISE THE LAW PROHIBITING SEXUAL ACTIVITY BY A SUBSTITUTE PARENT OR CUSTODIAN TO INCLUDE RELIGIOUS ORGANIZATIONS OR INSTITUTIONS; TO ESTABLISH AN OFFENSE FOR WRONGFULLY ENTERING A PART OF A BUILDING NOT OPEN TO THE PUBLIC; TO ESTABLISH THE OFFENSE OF LARCENY OF GIFT CARDS; TO REVISE THE ORGANIZED RETAIL THEFT OFFENSE TO INCLUDE OFFENSES INVOLVING GIFT CARDS; TO ALLOW UNLICENSED LAW SCHOOL GRADUATES TO PRACTICE LAW UNDER SUPERVISION; TO CLARIFY THAT FELONY SCHOOL NOTIFICATIONS ARE LIMITED TO CLASS A THROUGH CLASS E FELONIES; TO ALLOW THE TRANSFER OF BIOLOGICAL EVIDENCE BACK TO THE COLLECTING AGENCY FOR PRESERVATION; TO REVISE THE LAW GOVERNING THE RECORDING OF COURT PROCEEDINGS; TO INCREASE THE PUNISHMENT FOR COMMITTING THE OFFENSE OF FAILURE TO YIELD THAT RESULTS IN SERIOUS BODILY INJURY; AND TO INCREASE THE PENALTY FOR FAILURE TO YIELD THE RIGHT-OF-WAY TO A BLIND OR PARTIALLY BLIND PEDESTRIAN.

Sponsored By: Buck Newton (Republican), Danny Earl Britt, Jr. (Republican), Warren Daniel (Republican)

Signed by Governor

AGRICULTUREATTORNEYSBIOTECHNOLOGYBUILDINGSCHILD ABUSECOMPUTERSCONSUMER CREDITCONTROLLED SUBSTANCESCOURTSCRIMESCRIMINAL PROCEDUREDATA & RECORDS SYSTEMSDEATH & DYINGDHHSDISABLED PERSONSDISTRICT COURTDOMESTIC VIOLENCEEDUCATIONEVIDENCEFINANCIAL SERVICESGENETICSHEALTH SERVICESID SYSTEMSINFORMATION TECHNOLOGYJUDGESLICENSING & CERTIFICATIONMEDICAL EXAMINERSMINORSMOTOR VEHICLESOCCUPATIONSPRESENTEDPUBLICPUBLIC HEALTHPUBLIC OFFICIALSRATIFIEDRELIGION & RELIGIOUS INSTITUTIONSSCHOOL BUILDINGS & PROPERTYSENTENCINGSEX OFFENSESSTATE BARTRESPASSINGVICTIMS RIGHTSWEAPONSWITNESSESWOMENDISTRICT ATTORNEYSRECORDSCHAPTEREDTRAFFIC OFFENSESDNAPUBLIC BUILDINGSPROPERTY-LOCAL GOVERNMENTFORENSIC SCIENCESCASH CROPSFAMILY ISSUESCHIEF MEDICAL EXAMINERHEMP & HEMP PRODUCTS

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Bill Overview

Analyzed Economic Effects

18 provisions identified: 8 benefits, 5 costs, 5 mixed.

Harsher fentanyl and child-drug exposure crimes

Starting December 1, 2025, trafficking fentanyl or carfentanil has steep tiers: 4–14 grams is a Class E felony with a fine up to $500,000; 14–28 grams is Class D with a fine up to $750,000; 28+ grams is Class C with a fine up to $1,000,000. The law also makes it a felony to expose a child under 16 to controlled drugs. Penalties rise if the child ingests the drug, suffers serious injury, or dies. Properly prescribed and administered medicine by a licensed professional is not punished.

Stronger penalties for peeping and sexual abuse

The law expands peeping and voyeurism crimes, including making image creation, possession, and device installation felonies, and banning sharing such images. Victims can sue for damages and attorneys’ fees. Starting December 1, 2025, adults who act as a parent or have custody, including in religious institutions, commit a Class E felony if they have sex with a minor in their care. Penalties for computer solicitation of minors also rise, with higher classes for repeat offenses or appearing to meet.

Seven-year limit on postconviction motions

In noncapital cases, you must file most postconviction motions within seven years. The clock starts from the latest key event, like the judgment filing or appellate mandate. You can file anytime for newly found evidence, a major law change that applies retroactively, or if you have fully finished your sentence. A district attorney can also agree to a late filing. This timeline applies to offenses on or after December 1, 2025.

Stricter rules for autopsy and child-death records

When a death is under criminal investigation, OCME materials are treated as criminal‑investigation records and only released as the law allows. Records about a child’s death are confidential and need a parent’s or guardian’s written consent or a narrow exception. Wrongful disclosure is a Class 1 misdemeanor, but a court can order release after a private review and may award attorneys’ fees to a prevailing requester. Autopsy report text is public unless protected, but photos and recordings are not public; you may inspect originals under supervision. The medical examiner must give the DA the full investigation file on request and must send reports to the Labor Commissioner (workplace deaths) and DHHS (licensed facilities). Key public‑access provisions start October 1, 2025.

Stronger domestic-violence enforcement and pretrial rules

The law creates a new habitual domestic violence felony for repeat offenders and expands habitual misdemeanor assault, both with 15‑year look‑back rules for priors. Officers may arrest without a warrant for a listed domestic‑violence misdemeanor when legal criteria are met. A judge, not a magistrate, must set pretrial release conditions and consider the defendant’s criminal history. A listed assault is not a lesser‑included offense of the misdemeanor crime of domestic violence. These changes apply to crimes on or after December 1, 2025.

Criminal filial-responsibility law repealed

The state’s criminal filial responsibility statute is repealed. People can no longer be prosecuted under that law.

Out-of-state victims can file protective orders

If the abuse happened in North Carolina, you can file here for a domestic violence protective order even if you live in another state. This starts December 1, 2025.

Longer time to report for victim aid

You now have up to six months to report a crime to police for Crime Victims Compensation. Your claim can still be denied if you do not report within six months and you lack good cause. Other timing and loss rules stay the same.

Court recording and signature practices updated

Judges must have court reporters record most bench statements and proceedings, with narrow exceptions. A party or the judge can require recording of the excepted parts before they start. From July 9, 2025 to July 9, 2027, local rules may allow manual judge signatures on certain orders (not criminal judgments). The party getting a manual signature must e‑file the signed order.

DA can seek witness immunity directly

A district attorney may apply for witness immunity when a witness might claim the right against self‑incrimination and the testimony serves the public interest. The DA no longer must notify the Attorney General before applying.

Prisons can keep using security guards

The prison system may continue using security guards. The authorization now runs through June 30, 2027.

Fee and process for sex-offender petitions

Starting December 1, 2025, if you file to end or review a 30-year sex-offender registration, you must pay the civil filing fee unless you are indigent. Clerks place these petitions on the criminal docket and the district attorney calendars the hearing. The district attorney gets at least three weeks’ notice before the hearing.

Tougher penalties for failing to yield

Starting December 1, 2025, if you fail to yield and cause serious injury (no death), you face a Class 2 misdemeanor, a $500 fine, and a 90‑day license revocation. You must also stop and remain stopped for blind or partially blind pedestrians who signal with a white cane or are with a guide dog. Failing to yield in those cases is a Class 2 misdemeanor.

Judges must choose concurrent or consecutive

Courts no longer default to concurrent sentences. A judge must state on the record whether sentences run together or one after another and explain why. This applies to crimes committed on or after December 1, 2025.

One-year pause on IOLTA grants

From July 1, 2025 through June 30, 2026, IOLTA funds (interest from lawyers’ and settlement agents’ trust accounts) may be used only for administrative costs. The State Bar and IOLTA Board cannot award grants from these funds during this period.

Protective-order firearm surrender and returns

When guns are surrendered under a protective order, sheriffs may store them and charge reasonable storage fees. If an emergency order expires with no protective order, you can retrieve items without a new court order after a NICS check and paying storage fees. You generally must move for return within 90 days; unpaid storage can lead to disposal or sale after notice. Making false statements about surrendered items is a Class H felony. These rules start December 1, 2025 for new surrenders, and February 1, 2026 for earlier surrenders.

New rules for 911 calls and online gun reports

911 call contents are public records, but agencies must protect names, addresses, phone numbers, natural voices, and calls by minors. Agencies can release transcripts or altered voices and must provide original recordings for court use when required. Starting October 1, 2025, agencies with online crime reporting may accept online lost or stolen gun reports, which are kept confidential as investigation records. Willfully false online gun reports are punishable.

School notice limited to serious juvenile felonies

Schools are notified only when a juvenile case alleges conduct equal to an adult Class A–E felony. Notices must arrive before the next school day or within five days and include required details. Principals must decide discipline case by case, not by automatic suspension.

Sponsors & Cosponsors

Cosponsors

David W. Craven, Jr.
Republican • Senate
Bobby Hanig
Republican • Senate
Tom McInnis
Republican • Senate