Text of NC S 358 (2025)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S D SENATE BILL DRS45108-MLa-44 Short Title: Hate Crimes Prevention Act. (Public) Sponsors: Senators Chaudhuri, Mohammed, and Chitlik (Primary Sponsors). Referred to: *DRS45108-MLa-44* A BILL TO BE ENTITLED 1 AN ACT TO INCREASE THE SCOPE AND PUNISHMENT OF HATE CRIMES; TO 2 REQUIRE THE STATE BUREAU OF INVESTIGATION TO CREATE AND MAINTAIN 3 A HATE CRIMES STATISTICS DATABASE; TO REQUIRE THE NORTH CAROLINA 4 JUSTICE ACADEMY TO DEVELOP AND PROVIDE LAW ENFORCEMENT 5 OFFICERS WITH TRAINING ON IDENTIFYING, RESPONDING TO, AND 6 REPORTING HATE CRIMES; AND TO REQUIRE THE CONFERENCE OF DISTRICT 7 ATTORNEYS OF NORTH CAROLINA TO DEVELOP AND PROVIDE TRAINING TO 8 PROSECUTORS ON HOW TO PROSECUTE HATE CRIMES. 9 The General Assembly of North Carolina enacts: 10 11 PART I. TITLE OF ACT 12 SECTION 1. This act shall be known as "The Hate Crimes Prevention Act." 13 14 PART II. INCREASE SCOPE AND PUNISHMENT OF HATE CRIMES 15 SECTION 2.(a) G.S. 14-3 reads as rewritten: 16 "§ 14-3. Punishment of misdemeanors, infamous offenses, offenses committed in secrecy 17 and malice, or with deceit and intent to defraud, or with ethnic animosity.as a 18 hate crime. 19 … 20 (c) If any Class 2 or Class 3 misdemeanor is committed committed, in whole or in part, 21 because of the victim's actual or perceived race, ethnicity, color, religion, nationality, or country 22 of origin, origin, gender, gender identity, gender expression, disability, or sexual orientation of 23 the victim or a person or group associated with the victim, the offender shall be guilty of a Class 24 1 misdemeanor. If any Class A1 or Class 1 misdemeanor offense is committed because of the 25 victim's actual or perceived race, ethnicity, color, religion, nationality, or country of origin, 26 origin, gender, gender identity, gender expression, disability, or sexual orientation of the victim 27 or a person or group associated with the victim, the offender shall be guilty of a Class H felony. 28 (d) In addition to any other remedies at law or in equity, a person who is injured or whose 29 property is damaged as a result of conduct described under subsection (c) of this section, or an 30 immediate family member of that person, may bring a civil action in any court of competent 31 jurisdiction to obtain appropriate relief, including actual damages, punitive damages, any 32 reasonable attorneys' fees, and any other litigation costs reasonably incurred. In an action brought 33 pursuant to this subsection, the burden of proof shall be the same as in other civil actions for 34 similar relief. For purposes of this subsection, the term (i) "actual damages" includes damages 35 FILED SENATE Mar 20, 2025 S.B. 358 PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 Page 2 DRS45108-MLa-44 for emotional distress and (ii) "immediate family member" means a child, sibling, parent, 1 grandparent, or legal guardian of the victim. 2 (e) In addition to any other remedies at law or in equity, a person who has been convicted 3 of or who has pleaded guilty or no contest to having engaged in conduct in violation of subsection 4 (c) of this section may be ordered to participate in a restorative justice session with the victim of 5 the offense if the victim requests a restorative justice session. If restorative justice under this 6 subsection is ordered, the court shall select a member of a local Human Relations Commission, 7 an attorney, a mediator, or an alternative dispute resolution professional who has training in racial 8 equity education to conduct the restorative justice session. All costs of a restorative justice 9 session ordered under this subsection shall be paid by the defendant." 10 SECTION 2.(b) G.S. 14-401.14 reads as rewritten: 11 "§ 14-401.14. Ethnic intimidation; teaching any technique to be used for ethnic 12 intimidation.Intimidation by hate crime; teaching any technique to be used in 13 the commission of a hate crime. 14 (a) If a person shall, because of the actual or perceived race, ethnicity, color, religion, 15 nationality, or country of origin, origin, gender, gender identity, gender expression, disability, or 16 sexual orientation of another person or a person or group associated with that person, assault 17 another that person, or damage or deface the property of another that person, or threaten to do 18 any such act, he the person shall be guilty of a Class 1 misdemeanor. 19 … 20 (c) In addition to any other remedies at law or in equity, a person who is injured or whose 21 property is damaged as a result of conduct described under subsection (a) of this section, or an 22 immediate family member of that person, may bring a civil action in any court of competent 23 jurisdiction to obtain appropriate relief, including actual damages, punitive damages, any 24 reasonable attorneys' fees, and any other litigation costs reasonably incurred. In an action brought 25 pursuant to this subsection, the burden of proof shall be the same as in other civil actions for 26 similar relief. For purposes of this subsection, the term (i) "actual damages" includes damages 27 for emotional distress and (ii) "immediate family member" means a child, sibling, parent, 28 grandparent, or legal guardian of the victim. 29 (d) In addition to any other remedies at law or in equity, a person who has been convicted 30 of or who has pleaded guilty or no contest to having engaged in conduct in violation of subsection 31 (a) of this section may be ordered to participate in a restorative justice session with the victim of 32 the offense if the victim requests a restorative justice session. If restorative justice under this 33 subsection is ordered, the court shall select a member of a local Human Relations Commission, 34 an attorney, a mediator, or an alternative dispute resolution professional who has training in racial 35 equity education to conduct the restorative justice session. All costs of a restorative justice 36 session ordered under this subsection shall be paid by the defendant." 37 SECTION 2.(c) G.S. 15A-1340.16(d)(17) reads as rewritten: 38 "(17) The offense for which the defendant stands convicted was committed against 39 a victim because of the victim's actual or perceived race, ethnicity, color, 40 religion, nationality, or country of origin.origin, gender, gender identity, 41 gender expression, disability, or sexual orientation of the victim or a person 42 or group associated with the victim." 43 SECTION 2.(d) Article 8 of Chapter 14 of the General Statutes is amended by 44 adding a new section to read: 45 "§ 14-34.11. Felonious assault as a hate crime. 46 (a) The following definitions apply in this section: 47 (1) Gender identity. – Actual or perceived gender-related characteristics. 48 (2) Serious bodily injury. – Bodily injury that creates a substantial risk of death 49 or that causes serious permanent disfigurement, coma, a permanent or 50 protracted condition that causes extreme pain, or permanent or protracted loss 51 General Assembly Of North Carolina Session 2025 DRS45108-MLa-44 Page 3 or impairment of the function of any bodily member or organ or that results 1 in prolonged hospitalization. 2 (b) Anyone who, in whole or in part, because of the actual or perceived race, ethnicity, 3 color, religion, nationality, country of origin, gender, gender identity, gender expression, 4 disability, or sexual orientation of another person or a person or group associated with that 5 person, commits an assault and inflicts serious bodily injury or attempts to commit an assault and 6 inflicts serious bodily injury is guilty of committing the offense of felonious assault as a hate 7 crime. 8 (c) Except as provided otherwise by this section, an offense committed under this section 9 is a Class F felony. 10 (d) An offense committed under this section is a Class E felony if either of the following 11 applies: 12 (1) Death results from the offense. 13 (2) The offense includes a violation or attempted violation of any of the 14 following: 15 a. G.S. 14-39 (Kidnapping). 16 b. G.S. 14-27.21 (First-degree forcible rape). 17 c. G.S. 14-27.22 (Second-degree forcible rape). 18 d. G.S. 14-27.26 (First-degree forcible sexual offense). 19 e. G.S. 14-27.27 (Second-degree forcible sexual offense). 20 (e) In addition to any other remedies at law or in equity, a person who is injured or whose 21 property is damaged as a result of conduct described under subsection (b) of this section, or an 22 immediate family member of that person, may bring a civil action in any court of competent 23 jurisdiction to obtain appropriate relief, including actual damages, punitive damages, any 24 reasonable attorneys' fees, and any other litigation costs reasonably incurred. In an action brought 25 pursuant to this subsection, the burden of proof shall be the same as in other civil actions for 26 similar relief. For purposes of this subsection, the term (i) "actual damages" includes damages 27 for emotional distress and (ii) "immediate family member" means a child, sibling, parent, 28 grandparent, or legal guardian of the victim. 29 (f) In addition to any other remedies at law or in equity, a person who has been convicted 30 of or who has pleaded guilty or no contest to having engaged in conduct in violation of subsection 31 (b) of this section may be ordered to participate in a restorative justice session with the victim of 32 the offense if the victim requests a restorative justice session. If restorative justice under this 33 subsection is ordered, the court shall select a member of a local Human Relations Commission, 34 an attorney, a mediator, or an alternative dispute resolution professional who has training in racial 35 equity education to conduct the restorative justice session. All costs of a restorative justice 36 session ordered under this subsection shall be paid by the defendant." 37 SECTION 2.(e) This section becomes effective December 1, 2025, and applies to 38 offenses committed on or after that date. 39 40 PART III. CREATE HATE CRIMES STATISTICS DATABASE 41 SECTION 3.(a) Article 13 of Chapter 143B of the General Statutes is amended by 42 adding a new section to read: 43 "§ 143B-1209. Hate crime statistics. 44 (a) Establishment. – The State Bureau of Investigation shall collect, analyze, and 45 disseminate information regarding the commission of offenses punishable under G.S. 14-3(c), 46 14-401.14, or 14-34.11. The information collected, analyzed, and disseminated by the State 47 Bureau of Investigation shall include all of the following: 48 (1) The total number of offenses committed for each type. 49 (2) Personal protected characteristics of the person who committed the offense 50 and the victim from each offense. 51 General Assembly Of North Carolina Session 2025 Page 4 DRS45108-MLa-44 (3) The disposition of each offense. 1 (b) Report by Law Enforcement Agencies. – By no later than the fifteenth day of each 2 month, all State and local law enforcement agencies shall report information to the State Bureau 3 of Investigation on offenses committed in the law enforcement agency's jurisdiction that the law 4 enforcement agency determines to meet the criteria set forth in subsection (a) of this section. A 5 report shall include (i) any information about the offenses required by the State Bureau of 6 Investigation and (ii) only the offenses committed during the month prior to the date the report 7 is submitted. The State Bureau of Investigation shall set the format in which reports are to be 8 submitted under this subsection. 9 (c) Report by the State Bureau of Investigation. – By January 15 of each year, the State 10 Bureau of Investigation shall submit to the General Assembly a report on the information the 11 State Bureau of Investigation collected and analyzed under subsection (a) of this section during 12 the calendar year prior to the date the report is submitted. Additionally, the State Bureau of 13 Investigation shall publish a copy of the report required under this subsection on its website. 14 (d) Requests for Information. – Upon request of a local law enforcement agency, a unit 15 of local government, or a State agency, the State Bureau of Investigation shall share any 16 information collected and analyzed under subsection (a) of this section with the requesting local 17 law enforcement agency, unit of local government, or State agency." 18 SECTION 3.(b) The State Bureau of Investigation shall develop and implement 19 guidelines for (i) the information required to be submitted by local law enforcement agencies 20 under G.S. 143B-1209(b), as enacted by subsection (a) of this section, and (ii) the format in which 21 the information is to be reported by local law enforcement agencies under G.S. 143B-1209(b). 22 The State Bureau of Investigation shall publish the guidelines required under this subsection on 23 its website no later than 60 days prior to the date the first report is required to be submitted under 24 G.S. 143B-1209. 25 SECTION 3.(c) Notwithstanding any provision of G.S. 143B-1209, as enacted by 26 subsection (a) of this section, to the contrary, the first report required under G.S. 143B-1209(b) 27 shall be submitted by February 15, 2026, and the first report required under G.S. 143B-1209(c) 28 shall be submitted and published by January 15, 2027. 29 SECTION 3.(d) There is appropriated from the General Fund to the State Bureau of 30 Investigation the sum of one million eight hundred ninety thousand dollars ($1,890,000) in 31 nonrecurring funds for the 2025-2026 fiscal year to cover any costs incurred in establishing the 32 hate crimes statistics database required under G.S. 143B-1209(a), as enacted by subsection (a) of 33 this section. 34 SECTION 3.(e) There is appropriated from the General Fund to the State Bureau of 35 Investigation the sum of five hundred thirty thousand dollars ($530,000) in recurring funds for 36 the 2025-2026 fiscal year to hire an additional employee to manage the hate crimes statistics 37 database required under G.S. 143B-1209(a), as enacted by subsection (a) of this section. 38 SECTION 3.(f) Subsection (a) of this section becomes effective January 1, 2026. 39 The remainder of this section becomes effective July 1, 2025. 40 41 PART IV. REQUIRED LAW ENFORCEMENT TRAINING ON IDENTIFYING, 42 RESPONDING TO, AND REPORTING HATE CRIMES 43 SECTION 4.(a) G.S. 17D-2(c) reads as rewritten: 44 "(c) Duties of the academy. The North Carolina Justice Academy shall have, but is not 45 limited to, the following functions: 46 … 47 (5) It shall develop and provide training to law enforcement officers on how to 48 identify, respond to, and report a hate crime. For purposes of this subdivision, 49 the term "hate crime" means an offense punishable under G.S. 14-3(c), 50 14-401.14, or 14-34.11." 51 General Assembly Of North Carolina Session 2025 DRS45108-MLa-44 Page 5 SECTION 4.(b) G.S. 17C-6(a) reads as rewritten: 1 "(a) In addition to powers conferred upon the Commission elsewhere in this Article, the 2 Commission shall have the following powers, which shall be enforceable through its rules and 3 regulations, certification procedures, or the provisions of G.S. 17C-10: 4 … 5 (2) Establish minimum educational and training standards that must be met in 6 order to qualify for entry level employment and retention as a criminal justice 7 officer in temporary or probationary status or in a permanent position. The 8 standards for entry level employment shall include all of the following: 9 … 10 d. Education and training under G.S. 17D-2(c)(5) on how to identify, 11 respond to, and report a hate crime. 12 … 13 (14) Establish minimum standards for in-service training for criminal justice 14 officers. In-service training standards for sworn law enforcement officers shall 15 include all of the following training topics: 16 … 17 j. Training under G.S. 17D-2(c)(5) on how to identify, respond to, and 18 report a hate crime. 19 … 20 (17) Establish minimum educational and training standards for employment and 21 continuing education for criminal justice officers concerning: 22 … 23 c. Pursuant to G.S. 17D-2(c)(5), identifying, responding to, and 24 reporting a hate crime. 25 …." 26 SECTION 4.(c) G.S. 17E-4(a) reads as rewritten: 27 "(a) The Commission shall have the following powers, duties, and responsibilities, which 28 are enforceable through its rules and regulations, certification procedures, or the provisions of 29 G.S. 17E-8 and G.S. 17E-9: 30 … 31 (2) Establish minimum educational and training standards that may be met in 32 order to qualify for entry level employment as an officer in temporary or 33 probationary status or in a permanent position. The standards for entry level 34 employment of officers shall include all of the following: 35 … 36 d. Training under G.S. 17D-2(c)(5) on how to identify, respond to, and 37 report a hate crime. 38 … 39 (11) Establish minimum standards for in-service training for justice officers. 40 In-service training standards for sworn law enforcement officers shall include 41 all of the following training topics: 42 … 43 j. Training under G.S. 17D-2(c)(5) on how to identify, respond to, and 44 report a hate crime. 45 … 46 (13) Establish minimum educational and training standards for employment and 47 continuing education for officers concerning: 48 … 49 c. Pursuant to G.S. 17D-2(c)(5), identifying, responding to, and 50 reporting a hate crime. 51 General Assembly Of North Carolina Session 2025 Page 6 DRS45108-MLa-44 …." 1 SECTION 4.(d) This section becomes effective July 1, 2025. 2 3 PART V. REQUIRED TRAINING FOR PROSECUTORS ON PROSECUTING HATE 4 CRIMES 5 SECTION 5.(a) G.S. 7A-413 is amended by adding a new subsection to read: 6 "(e) The Conference shall develop and provide training to prosecutors on how to prosecute 7 hate crimes. For purposes of this subsection, the term "hate crimes" means an offense punishable 8 under G.S. 14-3(c), 14-401.14, or 14-34.11." 9 SECTION 5.(b) This section becomes effective July 1, 2025. 10 11 PART VI. EFFECTIVE DATE 12 SECTION 6. Except as otherwise provided, this act is effective when it becomes 13 law. 14