A BILL TO BE ENTITLED
AN ACT to increase the punishment imposed for an Assault or threat against an executive officer, legislative officer, court officer, or local elected officer and to require pretrial release conditions for any person charged with Assaulting or making a threat against an executive officer, legislative officer, court officer, local elected officer, or election officer to be determined by a judge.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 5A of Chapter 14 of the General Statutes reads as rewritten:
"Article 5A.
"Endangering Executive, Legislative, Court, and Local Elected Officers.
"§ 14‑16.6.  Assault on executive, legislative, court, or local elected officers.
(a)	Any person who assaults any legislative officer, executive officer, court officer, or local elected officer, or assaults another person as retaliation against any legislative officer, executive officer, court 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 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 D felon.
(c)	Any person who commits an offense under subsection (a) and inflicts serious bodily injury to any legislative officer, executive officer, court officer, or local elected officer shall be punished as a Class C felon.
"§ 14‑16.7.  Threats against executive, legislative, court, or local elected officers.
(a)	Any person who knowingly and willfully makes any threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, 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, court 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 H felon.
(b)	Any person who knowingly and willfully deposits for conveyance in the mail any letter, writing, or other document containing a threat to commit an offense described in subsection (a) of this section shall be guilty of a felony and shall be punished as a Class H felon.
"§ 14‑16.8.  No requirement of receipt of the threat.
In prosecutions under G.S. 14‑16.7 of this Article it shall not be necessary to prove that any legislative officer, executive officer, court officer, or local elected officer actually received the threatening communication or actually believed the threat.
…
"§ 14‑16.10.  Definitions.
The following definitions apply in this Article:
(1)	Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or deputy clerk, judge, or justice of the General Court of Justice; district attorney, assistant district attorney, or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney; public defender or assistant defender; court reporter; juvenile court counselor as defined in G.S. 7B‑1501(18a); any attorney or other individual employed by, contracted by, or acting on behalf of a county department of social services, as defined in G.S. 108A‑24; any attorney or other individual appointed pursuant to G.S. 7B‑601 or G.S. 7B‑1108 or employed by the Guardian ad Litem Services Division of the Administrative Office of the Courts.
(2)	Executive officer. – A person named in G.S. 147‑3(c).
(3)	Legislative officer. – A person named in G.S. 147‑2(1), (2), or (3).
(4)	Local elected officer. – An elected officer of a political subdivision of this State."
SECTION 2.  G.S. 163‑275(11) reads as rewritten:
"(11)	For any person, by threats, menaces or in any other manner, to intimidate or attempt to intimidate any chief judge, judge of election or other election officer in the discharge of, or because of, duties in the registration of voters or in conducting any primary or election."
SECTION 3.  Article 26 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑534.9.  Threats against public officers; bail 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, or 163‑275(11), except as provided in subsection (b) of this section, the judicial official who determines the conditions of pretrial release shall be a judge. The judge shall direct a law enforcement officer or a district attorney to provide a criminal history report for the defendant and shall consider the criminal history when setting conditions of release. After setting conditions of release, the judge shall return the report to the providing agency or department. No judge shall unreasonably delay the determination of conditions of pretrial release for the purpose of reviewing the defendant's criminal history report. The following provisions shall apply in addition to the provisions of G.S. 15A‑534:
(1)	Upon a determination by the 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.	That the defendant stay away from the home, school, business, or place 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.
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)	A defendant may be retained in custody not more than 48 hours from the time of arrest 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.  This act becomes effective December 1, 2025, and applies to offenses committed on or after that date.