Bill Summary – FastDemocracy

H.B. 425
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                           Mar 21, 2019
                                     SESSION 2019                                     HOUSE PRINCIPAL CLERK
     H                                                                                              D
                                   HOUSE BILL DRH40191-ND-61
     Short Title:   Increase and Expand Assault on/Resist of LEO.                              (Public)
     Sponsors:      Representative Faircloth.
     Referred to:
 1                                        A BILL TO BE ENTITLED
 2   AN ACT TO INCREASE THE PUNISHMENT FOR A CHARGE OF ASSAULTING A LAW
 3       ENFORCEMENT OFFICER, PROBATION OFFICER, OR PAROLE OFFICER THAT IS
 4       DISCHARGING OR ATTEMPTING TO DISCHARGE THE OFFICER'S DUTIES AND
 5       WHERE SERIOUS BODILY INJURY IS INFLICTED AND TO CREATE A RELATED
 6       CRIMINAL CHARGE FOR INSTANCES WHEN AN OFFICER'S SERIOUS BODILY
 7       INJURY IS CAUSED BY AN INDIVIDUAL RESISTING, DELAYING, OR
 8       OBSTRUCTING THE OFFICER.
 9   The General Assembly of North Carolina enacts:
10               SECTION 1. G.S. 14-34.7(a) reads as rewritten:
11       "(a) Unless covered under some other provision of law providing greater punishment, a
12   person is guilty of a Class F E felony if the person assaults a law enforcement officer, probation
13   officer, or parole officer while the officer is discharging or attempting to discharge his or her
14   official duties and inflicts serious bodily injury on the officer."
15               SECTION 2. G.S. 14-223 reads as rewritten:
16   "§ 14-223. Resisting officers.
17       If any person shall willfully and unlawfully resist, delay or obstruct a public officer in
18   discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2
19   misdemeanor.Unless the conduct is covered under some other provision of law providing greater
20   punishment, a person who willfully and unlawfully resists, delays, or obstructs a public officer
21   in discharging or attempting to discharge a duty of his or her office is guilty of the following:
22               (1)     A Class E felony if the person inflicts serious bodily injury on the officer.
23               (2)     A Class H felony if the person inflicts physical injury on the officer.
24               (3)     A Class 2 misdemeanor for any other violation of this section."
25               SECTION 3. This act becomes effective December 1, 2019.
                                   *DRH40191-ND-61*
Statutes affected: 
Filed: 14-34.7, 14-223
Edition 1: 14-34.7, 14-223
Edition 2: 14-34.7, 14-223
Edition 3: 14-34.7, 14-223