FILED SENATE
May 2, 2024
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 889
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS45448-MLa-134A
Short Title: Protecting First Responders Act. (Public)
Sponsors: Senators Alexander, Britt, and Burgin (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT OR
3 AFFRAY AGAINST CERTAIN EMERGENCY RESPONDERS AND TO CRIMINALIZE
4 EXPOSING CERTAIN EMERGENCY RESPONDERS TO FENTANYL OR OTHER
5 HARMFUL DRUG OR CHEMICAL AGENTS; TO APPROPRIATE NONRECURRING
6 FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY TO DISTRIBUTE AS GRANTS
7 TO USE FOR EQUIPMENT TO PROTECT CERTAIN FIRST RESPONDERS; AND TO
8 AMEND THE LABOR LAWS TO SET THE MINIMUM WAGES OF PARAMEDICS
9 AND EMERGENCY MEDICAL TECHNICIANS AND REQUIRE FREE MENTAL
10 HEALTH COUNSELING AND SUPPORT FOR THOSE EMPLOYEES.
11 The General Assembly of North Carolina enacts:
12
13 PART I. TITLE
14 SECTION 1. This act shall be known and may be cited as the "Protecting First
15 Responders Act" or the "PROFR Act."
16
17 PART II. CRIMINALIZE EXPOSING CERTAIN EMERGENCY RESPONDERS TO
18 FENTANYL OR OTHER HARMFUL DRUG OR CHEMICAL AGENTS
19 SECTION 2.(a) G.S. 14-34.6(a) reads as rewritten:
20 "(a) A person is guilty of a Class I H felony if the person commits an assault or affray
21 causing physical injury on any of the following persons who are discharging or attempting to
22 discharge their official duties:
23 (1) An emergency medical technician or other emergency health care provider.
24 (2) A medical responder.
25 (3) Hospital employee, medical practice employee, licensed health care provider,
26 or individual under contract to provide services at a hospital or medical
27 practice.
28 …
29 (5) A firefighter.
30 (6) Hospital security personnel."
31 SECTION 2.(b) Article 36 of Chapter 14 of the General Statutes is amended by
32 adding a section to read:
33 "§ 14-286.3. Exposing certain emergency responders to fentanyl or other harmful drug or
34 chemical agent; failure to notify certain emergency responders of presence of
35 fentanyl or other harmful drug or chemical agent.
36 (a) Definitions. – The following definitions apply in this section:
*DRS45448-MLa-134A*
 General Assembly Of North Carolina Session 2023
1 (1) Emergency responder. – Any of the following persons who are discharging or
2 attempting to discharge their official duties:
3 a. An emergency medical technician or other emergency health care
4 provider.
5 b. A medical responder.
6 c. A firefighter.
7 d. A law enforcement officer.
8 (2) Expose. – Creating a risk of skin contact, inhalation, ingestion, or contact with
9 a needlestick or a mucus membrane, including the mouth, eyes, or nose.
10 (b) Exposure. – A person is guilty of a Class H felony if the person unlawfully and
11 intentionally possesses fentanyl or any other harmful drug or chemical agent and exposes an
12 emergency responder to the fentanyl or other harmful drug or chemical agent.
13 (c) Exposure Causing Serious Bodily Injury. – A person is guilty of a Class G felony if
14 the person violates subsection (b) of this section and the emergency responder suffers serious
15 bodily injury as a result of the exposure.
16 (d) Failure to Notify. – A person is guilty of a Class I felony if the person knows fentanyl
17 or other harmful drugs or chemical agents are unlawfully present at a location an emergency
18 responder is responding to and willfully fails to notify the emergency responder of the presence
19 of the fentanyl or other harmful drug or chemical agent within a reasonable time prior to the
20 emergency responder arriving at the location.
21 (e) Separate Offense. – Each violation of this section constitutes a separate offense and
22 shall not merge with any other offense."
23 SECTION 2.(c) This section becomes effective December 1, 2024, and applies to
24 offenses committed on or after that date.
25
26 PART III. APPROPRIATE FUNDS FOR EQUIPMENT TO PROTECT CERTAIN
27 FIRST RESPONDERS
28 SECTION 3.(a) There is appropriated from the General Fund to the Department of
29 Public Safety the sum of ten million three hundred fifty thousand dollars ($10,350,000) in
30 nonrecurring funds for the 2025-2026 fiscal year to be distributed as grants, upon application, to
31 State and local government agencies employing paramedics and emergency medical technicians
32 registered under the National Registry of Emergency Medical Technicians (NREMT) for the
33 following purposes:
34 (1) Eight million one hundred thousand dollars ($8,100,000) to be distributed for
35 the purchase of bulletproof vests for paramedics and emergency medical
36 technicians.
37 (2) Two million two hundred fifty thousand dollars ($2,250,000) to be distributed
38 for the purchase of bulletproof backpack plates for paramedics and emergency
39 medical technicians.
40 SECTION 3.(b) State and local government agencies with volunteer or contract
41 paramedics or emergency medical technicians registered under NREMT may also apply for grant
42 funds under this section.
43 SECTION 3.(c) Notwithstanding any other provision of law to the contrary, the
44 funds appropriated by this section shall not revert until July 1, 2027.
45 SECTION 3.(d) This section becomes effective July 1, 2024.
46
47 PART IV. SET THE MINIMUM WAGES FOR CERTAIN FIRST RESPONDERS AND
48 REQUIRE FREE MENTAL HEALTH COUNSELING AND SUPPORT FOR THOSE
49 EMPLOYEES
50 SECTION 4.(a) Minimum Wage Set. – Effective July 1, 2024, G.S. 95-25.3 is
51 amended by adding two new subsections to read:
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 General Assembly Of North Carolina Session 2023
1 "(a1) Notwithstanding the provisions of subsection (a) of this section to the contrary, every
2 employer of employees who are paramedics shall pay to each paramedic who in any workweek
3 performs any work wages of at least thirty dollars ($30.00) per hour or the minimum wage set
4 forth in paragraph 1 of section 6(a) of the Fair Labor Standards Act, 29 U.S.C. § 206(a)(1), as
5 that wage may change from time to time, whichever is higher. The term "paramedic" is defined
6 in G.S. 131E-155(15a) for the purposes of this subsection.
7 (a2) Notwithstanding the provisions of subsection (a) of this section to the contrary, every
8 employer of employees who are emergency medical technicians shall pay to each emergency
9 medical technician who in any workweek performs any work wages of at least twenty-six dollars
10 ($26.00) per hour or the minimum wage set forth in paragraph 1 of section 6(a) of the Fair Labor
11 Standards Act, 29 U.S.C. § 206(a)(1), as that wage may change from time to time, whichever is
12 higher. The term "emergency medical technician" is defined in G.S. 131E-155(10) for the
13 purposes of this subsection."
14 SECTION 4.(b) Mental Health Care Required. – Effective July 1, 2024, Article 3 of
15 Chapter 95 of the General Statutes is amended by adding a new section to read:
16 "§ 95-28.5. Mental health care benefits required for paramedics and emergency medical
17 technicians.
18 Every person, firm, corporation, unincorporated association, State agency, unit of local
19 government, or any public or private entity that employs one or more paramedics as defined in
20 G.S. 131E-155(15a) or emergency medical technicians as defined in G.S. 131E-155(10), or both,
21 shall provide mental health counseling services to those employees at the employer's expense
22 and shall establish a social support system for those employees. The counseling services required
23 by this section must be accessible 24 hours per day, seven days per week."
24 SECTION 4.(c) This section is effective when it becomes law and applies to persons
25 employed on and after that date.
26
27 PART V. EFFECTIVE DATE
28 SECTION 5. Except as otherwise provided, this act is effective when it becomes
29 law.
DRS45448-MLa-134A Page 3


Statutes affected:
Filed: 14-34.6, 95-25.3
Edition 1: 14-34.6, 95-25.3