North Carolina SB 429: 2025 Public Safety Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-70
SENATE BILL 429

*S429-v-6*
AN ACT TO MAKE VARIOUS CHANGES RELATED TO THE CRIMINAL LAWS OF
NORTH CAROLINA.

The General Assembly of North Carolina enacts:

CREATE NEW CRIMINAL OFFENSE FOR EXPOSING A CHILD TO A
CONTROLLED SUBSTANCE
SECTION 1.(a) Article 39 of Chapter 14 of the General Statutes is amended by
adding a new section to read:
"§ 14-318.7. Exposing a child to a controlled substance.
(a) Definitions. – The following definitions apply in this section:
(1) Child. – Any person who is less than 16 years of age.
(2) Controlled substance. – A controlled substance, controlled substance
analogue, drug, marijuana, narcotic drug, opiate, opioid, opium poppy, poppy
straw, or targeted controlled substance, all as defined in G.S. 90-87.
(3) Ingest. – Any means used to take into the body, to eat or drink, or otherwise
consume or absorb into the body in any way.
(b) A person who knowingly, intentionally, or with reckless disregard for human life
causes or permits a child to be exposed to a controlled substance is guilty of a Class H felony.
(c) A person who knowingly, intentionally, or with reckless disregard for human life
causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests
the controlled substance is guilty of a Class E felony.
(d) A person who knowingly, intentionally, or with reckless disregard for human life
causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests
the controlled substance, resulting in serious physical injury as defined in G.S. 14-318.4, is guilty
of a Class D felony.
(e) A person who knowingly, intentionally, or with reckless disregard for human life
causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests
the controlled substance, resulting in serious bodily injury as defined in G.S. 14-318.4, is guilty
of a Class C felony.
(f) A person who knowingly, intentionally, or with reckless disregard for human life
causes or permits a child to be exposed to a controlled substance and, as a result, the child ingests
the controlled substance, and the ingestion is the proximate cause of death, is guilty of a Class
B1 felony.
(g) The punishments set forth in subsections (b) through (f) of this section apply unless
the conduct is covered under some other provision of law providing greater punishment.
(h) This section does not apply to a person that intentionally gives a child a controlled
substance that has been prescribed for the child by a licensed medical professional when given
to the child in the prescribed amount and manner."
SECTION 1.(b) This section becomes effective December 1, 2025, and applies to
offenses committed on or after that date.

Page 2 Session Law 2025-70 Senate Bill 429
REVISE LAWS PERTAINING TO THE DISCLOSURE AND RELEASE OF AUTOPSY
INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE CHIEF
MEDICAL EXAMINER
SECTION 2.(a) G.S. 130A-385 reads as rewritten:
"§ 130A-385. Duties of medical examiner upon receipt of notice; reports; copies.
...
(d) Upon request by the district attorney, the Office of the Chief Medical Examiner, the
local medical examiner, and the autopsy center, as applicable, shall provide a complete copy of
the medical examiner investigation file to the appropriate district attorney. For purposes of this
subsection, the "medical examiner investigation file" means the finalized toxicology report, the
finalized autopsy report, any autopsy examination notes, any death scene notes, the finalized
report of investigation of a medical examiner, the case encounter form, any case comments, any
case notes, any autopsy photographs, any scene photographs, and any video or audio recordings
of the autopsy examination in the custody and control of the North Carolina Office of the Chief
Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical
examiner appointed under G.S. 130A-382, or an investigating medical examiner examiner, or an
autopsy center in connection with a death under criminal investigation by a public law
enforcement agency. Each records custodian shall be is responsible for providing the portions of
the medical examiner investigation file within its custody and control. This is a continuing
disclosure obligation, and each records custodian shall provide to the district attorney any records
or other materials responsive to the district attorney's request that are discovered or added to the
medical examiner investigation file after the request was made shall also be provided to the
district attorney. has been made. The district attorney or investigating law enforcement agency
shall inform the Chief Medical Examiner, the county medical examiner, or the autopsy center,
Examiner, the county medical examiner appointed under G.S. 130A-382, the investigating
medical examiner, and the autopsy center, as applicable, if when the death is no