North Carolina HB 307: Iryna's Law.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-93
HOUSE BILL 307

*H307-v-6*
AN ACT TO ENACT IRYNA'S LAW; TO MODIFY THE LAW RELATED TO PRETRIAL
RELEASE CONDITIONS; TO ADD AN AGGRAVATING SENTENCING FACTOR; TO
MODIFY SUSPENSION OF MAGISTRATES; TO DIRECT THE COLLABORATORY
TO STUDY MENTAL HEALTH AND THE JUSTICE SYSTEM; TO PROHIBIT
CERTAIN TASK FORCES; TO MODIFY DEATH PENALTY PROCEEDINGS; TO
MODIFY THE PROCEDURES FOR INVOLUNTARY COMMITMENT OF A
DEFENDANT FOUND INCAPABLE OF PROCEEDING; TO EXTEND TERMS OF
PROBATION AND POST-RELEASE SUPERVISION FOR YOUTH ADJUDICATED OF
CERTAIN VIOLENT OFFENSES AND TO CLARIFY A VICTIM'S RIGHT TO BE
NOTIFIED ABOUT TERMINATION OF PROBATION OR POST-RELEASE
SUPERVISION; AND TO APPROPRIATE FUNDS FOR ADDITIONAL ASSISTANT
DISTRICT ATTORNEYS AND LEGAL ASSISTANTS IN JUDICIAL DISTRICT 26 AND
TO REQUIRE CERTAIN INVOLUNTARY COMMITMENT RESPONDENTS TO
REMAIN IN CUSTODY PENDING HEARING.

The General Assembly of North Carolina enacts:

MODIFY THE LAW RELATED TO PRETRIAL RELEASE CONDITIONS
SECTION 1.(a) G.S. 15A-501 reads as rewritten:
"§ 15A-501. Police processing and duties upon arrest generally.
Upon the arrest of a person, with or without a warrant, but not necessarily in the order
hereinafter listed, a law-enforcement officer:
(1) Must inform the person arrested of the charge against him or the cause for his
arrest.
(2) Must, with respect to any person arrested without a warrant and, for purpose
of setting bail, with respect to any person arrested upon a warrant or order for
arrest, take the person arrested before a judicial official without unnecessary
delay.
(2a) Must inform any judicial official determining conditions of pretrial release
pursuant to Article 26 of this Chapter of any relevant behavior of the defendant
observed by the officer prior to, during, or after the arrest that may provide
reasonable grounds for the judicial official to believe the defendant is a danger
to themselves or others.
(3) May, prior to taking the person before a judicial official, take the person
arrested to some other place if the person so requests.
(4) May, prior to taking the person before a judicial official, take the person
arrested to some other place if such action is reasonably necessary for the
purpose of having that person identified.
(5) Must without unnecessary delay advise the person arrested of his right to
communicate with counsel and friends and must allow him reasonable time
and reasonable opportunity to do so.

Page 2 Session Law 2025-93 House Bill 307
(6) Must make available to the State on a timely basis all materials and
information acquired in the course of all felony investigations. This
responsibility is a continuing affirmative duty."
SECTION 1.(b) G.S. 15A-531 reads as rewritten:
"§ 15A-531. Definitions.
As used in this Article the following definitions apply unless the context clearly requires
otherwise:
...
(9) "Violent offense" means any of the following:
a. Any Class A through G felony that includes assault, the use of physical
force against a person, or the threat of physical force against a person,
as an essential element of the offense.
b. Any felony offense requiring registration pursuant to Article 27A of
Chapter 14 of the General Statutes, whether or not the person is
currently required to register.
c. An offense under G.S. 14-17, and any other offense listed in
G.S. 15A-533(b).
d. An offense under G.S. 14‑18.4, 14-34.1, 14-51, 14-54(a1), 14-202.1,
14-277.3A, or 14-415.1, or an offense under G.S. 90-95(h)(4c) that
involves fentanyl.
e. Any offense that is an attempt to commit an offense described in this
subdivision."
SECTION 1.(c) G.S. 15A-533 reads as rewritten:
"§ 15A-533. Right to pretrial release in capital and noncapital cases.
(a) A defendant charged with any crime, whether capital or noncapital, who is alleged to
have committed this crime while still residing in or subsequent to his escape or during an
unauthorized absence from involuntary commitment in a mental health facility designated or
licensed by the Department of Health and Human Services, and whose commitment is determined
to be still valid by the judge or judicial officer authorized to determine pretrial release to be valid,
has no right to pretrial release. In lieu of pretrial release, however, the individual shall be returned
to the treatment facility in which he was residing at the time of the alleged crime or from which
he escaped or absented himself for continuation of his treatment pending the additional
proceedings on the criminal offense.
(b) A judge shall determine in the judge's discretion whether a defendant charged with
any of the following crimes may be released before trial:
(1) G.S. 14-17 (First or second degree murder) or an attempt to commit first or
second degree murder.
(2) G.S. 14-27.21 (First degree forcible rape).
(3) G.S. 14-27.22 (Second degree forcible rape).
(4) G.S. 14-27.23 (Statutory rape of a child by an adult).
(5) G.S. 14-27.24 (First degree statutory rape