North Carolina SB 361: Protecting First Responders Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 361

Short Title: Protecting First Responders Act. (Public)
Sponsors: Senators Alexander, Britt, and Burgin (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 24, 2025
*S361-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT OR 2
AFFRAY AGAINST CERTAIN EMERGENCY RESPONDERS AND TO CRIMINALIZE 3
EXPOSING CERTAIN EMERGENCY RESPONDERS TO FENTANYL OR OTHER 4
HARMFUL DRUG OR CHEMICAL AGENTS AND TO APPROPRIATE 5
NONRECURRING FUNDS TO THE NORTH CAROLINA OFFICE OF EMERGENCY 6
SERVICES TO DISTRIBUTE AS GRANTS TO USE FOR EQUIPMENT TO PROTECT 7
CERTAIN FIRST RESPONDERS. 8
The General Assembly of North Carolina enacts: 9
10
PART I. TITLE 11
SECTION 1. This act shall be known and may be cited as the "Protecting First 12
Responders Act" or the "PROFR Act." 13
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PART II. CRIMINALIZE EXPOSING CERTAIN EMERGENCY RESPONDERS TO 15
FENTANYL OR OTHER HARMFUL DRUG OR CHEMICAL AGENTS 16
SECTION 2.(a) G.S. 14-34.6(a) reads as rewritten: 17
"(a) A person is guilty of a Class I H felony if the person commits an assault or affray 18
causing physical injury on any of the following persons who are discharging or attempting to 19
discharge their official duties: 20
(1) An emergency medical technician or other emergency health care 21
provider.services personnel, as defined in G.S. 131E-155. 22
(2) A medical responder.member of a rescue squad or EMS service. 23
(3) Hospital employee, medical practice employee, licensed health care provider, 24
or individual under contract to provide services at a hospital or medical 25
practice.practice, or other emergency health care provider not otherwise 26
covered under subdivision (1) of this subsection. 27
... 28
(5) A firefighter. 29
(6) Hospital security personnel." 30
SECTION 2.(b) Article 36 of Chapter 14 of the General Statutes is amended by 31
adding a new section to read: 32
"§ 14-286.3. Exposing certain emergency responders to fentanyl or other harmful drug or 33
chemical agent; failure to notify certain emergency responders of presence of 34
fentanyl or other harmful drug or chemical agent. 35
(a) Definitions. – The following definitions apply in this section: 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 361-First Edition
(1) Emergency responder. – Any of the following persons who are discharging or 1
attempting to discharge their official duties: 2
a. An emergency medical services personnel, as defined in 3
G.S. 131E-155. 4
b. A member of a rescue squad or EMS service. 5
c. A firefighter. 6
d. A law enforcement officer. 7
(2) Expose. – Creating a risk of skin contact, inhalation, ingestion, or contact with 8
a needlestick or a mucus membrane, including the mouth, eyes, or nose. 9
(b) Exposure. – A person is guilty of a Class H felony if the person unlawfully and 10
intentionally possesses fentanyl or any other harmful drug or chemical agent and exposes an 11
emergency responder to the fentanyl or other harmful drug or chemical agent. 12
(c) Exposure Causing Serious Bodily Injury. – A person is guilty of a Class G felony if 13
the person violates subsection (b) of this section and the emergency responder suffers serious 14
bodily injury as a result of the exposure. 15
(d) Failure to Notify. – A person is guilty of a Class I felony if the person knows fentanyl 16
or other harmful drugs or chemical agents are unlawfully present at a location an emergency 17
responder is responding to and willfully fails to notify the emergency responder of the presence 18
of the fentanyl or other harmful drug or chemical agent within a reasonable time prior to the 19
emergency responder arriving at the location. 20
(e) Separate Offense. – Each violation of this section constitutes a separate offense and 21
shall not merge with any other offense." 22
SECTION 2.(c) This section becomes effective December 1, 2025, and applies to 23
offenses committed on or after that date. 24
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PART III. APPROPRIATE FUNDS FOR EQUIPMENT TO PROTECT CERTAIN 26
FIRST RESPONDERS 27
SECTION 3.(a) There is appropriated from the General Fund to the North Carolina 28
Office of Emergency Medical Services (NCOEMS) the sum of ten million three hundred fifty 29
thousand dollars ($10,350,000) in nonrecurring funds for the 2025-2026 fiscal year to be 30
distributed as grants, upon application, to first responders for the following purposes: 31
(1) Eight million one hundred thousand dollars ($8,100,000) to be distributed for 32
the purchase of bulletproof vests for paramedics and emergency medical 33
technicians. 34
(2) Two million two hundred fifty thousand dollars ($2,250,000) to be distributed 35
for the purchase of bulletproof backpack plates for paramedics and emergency 36
medical technicians. 37
SECTION 3.(b) For purposes of this section, the term "first responders" means State 38
and local government agencies and nonprofit corporations providing EMS services through paid 39
or volunteer e