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Bill > H308


NC H308

NC H308
Criminal Law Changes


summary

Introduced
03/05/2025
In Committee
04/10/2025
Crossed Over
04/10/2025
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO AMEND STRANGULATION PENALTIES, TO MAKE CLARIFYING CHANGES REGARDING THE MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, TO CREATE A FELONY CRIME OF HABITUAL DOMESTIC VIOLENCE, TO CLARIFY EXPUNCTIONS MAY NOT BE GRANTED FOR PERSONS WITH PENDING CHARGES, TO CLARIFY WHO MAY REQUEST CONFIRMATION OF EXPUNCTION, AND TO REMOVE THE CONCURRENT SENTENCING DEFAULT.

AI Summary

This bill makes several significant changes to North Carolina criminal law, focusing on assault, domestic violence, strangulation, and criminal record expunctions. The bill increases penalties for strangulation by creating a new Class H felony specifically for strangulation and changing the classification of serious bodily injury offenses. It clarifies and expands domestic violence-related laws by creating a new felony offense of habitual domestic violence, which applies to individuals with multiple prior convictions of domestic violence or related assaults. The bill also modifies expunction (record clearing) procedures by adding new restrictions that prevent individuals with pending criminal cases, outstanding warrants, or ongoing legal proceedings from obtaining expunctions. Additionally, the bill removes the default concurrent sentencing provision, requiring judges to explicitly state their reasoning when determining whether multiple sentences will run concurrently or consecutively. These changes aim to provide more stringent legal protections for domestic violence victims, clarify legal definitions, and create more precise sentencing guidelines. Most provisions of the bill are set to become effective on December 1, 2025, and will apply to offenses committed on or after that date.

Committee Categories

Government Affairs, Justice

Sponsors (4)

Last Action

Ref To Com On Rules and Operations of the Senate (on 04/10/2025)

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