H.B. 707
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 18, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40310-ML-8
Short Title: Assaults on First Responders & Social Workers. (Public)
Sponsors: Representative Pyrtle.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT WITH A
3 FIREARM AGAINST CERTAIN EMERGENCY, MEDICAL, AND LAW
4 ENFORCEMENT PERSONNEL; TO INCREASE THE PUNISHMENT FOR
5 COMMITTING AN ASSAULT AGAINST AN EXECUTIVE OFFICER, A
6 LEGISLATIVE OFFICER, OR A COURT OFFICER AND INFLICTING SERIOUS
7 BODILY INJURY; AND TO INCREASE THE PUNISHMENT FOR COMMITTING AN
8 ASSAULT OR MAKING A THREAT AGAINST AN INDIVIDUAL EMPLOYED BY OR
9 ACTING ON BEHALF OF A COUNTY DEPARTMENT OF SOCIAL SERVICES.
10 The General Assembly of North Carolina enacts:
11 SECTION 1. G.S. 14-34.5 reads as rewritten:
12 "§ 14-34.5. Assault with a firearm on a law enforcement, probation, or parole officer, or
13 on a member of the North Carolina National Guard, or on a person employed at
14 a State or local detention facility.
15 (a) Any person who commits an assault with a firearm upon a law enforcement officer,
16 probation officer, or parole officer while the officer is in the performance of his or her duties is
17 guilty of a Class D felony.
18 (a1) Any person who commits an assault with a firearm upon a member of the North
19 Carolina National Guard while the member is in the performance of his or her duties is guilty of
20 a Class E felony.
21 (b) Anyone who commits an assault with a firearm upon a person who is employed at a
22 detention facility operated under the jurisdiction of the State or a local government while the
23 employee is in the performance of the employee's duties is guilty of a Class D felony.any of the
24 following persons who are in the performance of their duties is guilty of a Class B1 felony:
25 (1) A law enforcement officer.
26 (2) A probation officer.
27 (3) A parole officer.
28 (4) A member of the North Carolina National Guard.
29 (5) An employee of a detention facility operated under the jurisdiction of the State
30 or a local government.
31 (6) An emergency medical technician or other emergency health care provider.
32 (7) A medical responder.
33 (8) A firefighter."
34 SECTION 2. G.S. 14-34.6 reads as rewritten:
35 "§ 14-34.6. Assault or affray on a firefighter, an emergency medical technician, medical
36 responder, and hospital personnel.
*DRH40310-ML-8*
General Assembly Of North Carolina Session 2023
1 (a) A person is guilty of a Class I felony if the person commits an assault or affray causing
2 physical injury on any of the following persons who are discharging or attempting to discharge
3 their official duties:
4 (1) An emergency medical technician or other emergency health care provider.
5 (2) A medical responder.
6 (3) Hospital personnel and licensed healthcare providers who are providing or
7 attempting to provide health care services to a patient.
8 (4) Repealed by Session Laws 2011-356, s. 2, effective December 1, 2011, and
9 applicable to offenses committed on or after that date.
10 (5) A firefighter.
11 (6) Hospital security personnel.
12 (b) Unless a person's conduct is covered under some other provision of law providing
13 greater punishment, a person is guilty of a Class G felony if the person violates subsection (a) of
14 this section and (i) inflicts serious bodily injury or (ii) uses a deadly weapon other than a firearm.
15 (c) Unless a person's conduct is covered under some other provision of law providing
16 greater punishment, a person is guilty of a Class E felony if the person violates subsection (a) of
17 this section against a person not otherwise covered under G.S. 14-34.5 and uses a firearm."
18 SECTION 3. G.S. 14-16.6(c) reads as rewritten:
19 "(c) Any person who commits an offense under subsection (a) and inflicts serious bodily
20 injury to any legislative officer, executive officer, or court officer, shall be punished as a Class F
21 E felon."
22 SECTION 4. G.S. 14-16.10(1) reads as rewritten:
23 "(1) Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or
24 deputy clerk, judge, or justice of the General Court of Justice; district attorney,
25 assistant district attorney, or any other attorney designated by the district
26 attorney to act for the State or on behalf of the district attorney; public
27 defender or assistant defender; court reporter; juvenile court counselor as
28 defined in G.S. 7B-1501(18a); any attorney or other individual employed by
29 or acting on behalf of the a county department of social services in
30 proceedings pursuant to Subchapter I of Chapter 7B of the General Statutes;
31 services, as defined in G.S. 108A-24; any attorney or other individual
32 appointed pursuant to G.S. 7B-601 or G.S. 7B-1108 or employed by the
33 Guardian ad Litem Services Division of the Administrative Office of the
34 Courts."
35 SECTION 5. This act becomes effective December 1, 2023, and applies to offenses
36 committed on or after that date.
Page 2 DRH40310-ML-8
Statutes affected: Filed: 14-34.5, 14-34.6, 14-16.6, 14-16.10
Edition 1: 14-34.5, 14-34.6, 14-16.6, 14-16.10
Edition 2: 14-34.5, 14-34.6, 14-16.6, 14-16.10