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SB 358

Relating to the Ocean Beach Fund; prescribing an effective date.

2025 Regular Session Introduced by David Smith

Expands hate-crime law to cover more protected traits, hikes penalties for bias offenses, adds civil remedies and restorative justice, and mandates data collection and training.

In committee upon adjournment.
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Bill Summary · SB 358

SB 358 — Hate Crimes Prevention Act (Summary)

Status: Passed 1st Reading
Introduced: February 12, 2025
Primary sponsors: Senators Chaudhuri, Mohammed, Chitlik (NC)
Short title: “The Hate Crimes Prevention Act”

Purpose

To expand the State’s hate‑crime law by (1) broadening the scope of protected characteristics, (2) increasing criminal penalties for offenses motivated by bias, (3) creating civil remedies and restorative‑justice options for victims, and (4) improving hate‑crime data collection and training for law enforcement and prosecutors.

Key provisions — criminal law changes

  • Expands the statutory hate‑crime enhancements to apply when an offense is committed (in whole or in part) because of the victim’s actual or perceived:

    • race, ethnicity, color, religion, nationality, country of origin;
    • gender, gender identity, gender expression;
    • disability; or
    • sexual orientation; or because of a person/group associated with the victim. (Amends G.S. 14‑3; G.S. 14‑401.14; sentencing factor in G.S. 15A‑1340.16(d)(17).)

  • Elevates penalties for bias‑motivated offenses:

    • Class 2 or Class 3 misdemeanors committed for a listed bias reason → treated as a Class 1 misdemeanor.
    • Class A1 or Class 1 misdemeanor committed for a listed bias reason → treated as a Class H felony.
    • Creates a new felony offense, “felonious assault as a hate crime” (new G.S. 14‑34.11): assault causing serious bodily injury when motivated by bias is generally a Class F felony; becomes a Class E felony if death results or the offense includes listed violent sexual or kidnapping offenses.
    • Defines “serious bodily injury” and “gender identity” for statutory clarity.

Civil remedies and restorative justice

  • Victims (or immediate family members) may bring a civil action for harms caused by bias‑motivated conduct. Available relief includes:
    • actual damages (explicitly including emotional distress),
    • punitive damages,
    • reasonable attorneys’ fees and litigation costs.
    • The civil burden of proof is the same as in comparable civil actions.
  • Courts may order restorative justice sessions between offender and victim if the victim requests one. The court must appoint a qualified facilitator (e.g., local Human Relations Commission member, attorney, mediator) trained in racial equity; costs are borne by the defendant.

Data collection and training (administration)

  • Requires the State Bureau of Investigation (SBI) to create and maintain a hate‑crimes statistics database (for reporting/analysis).
  • Directs the North Carolina Justice Academy to develop and deliver law‑enforcement training on identifying, responding to, and reporting hate crimes.
  • Directs the Conference of District Attorneys to develop and provide prosecutor training on prosecuting hate crimes.

Who is affected

  • Directly: victims of bias‑motivated crimes, defendants charged with crimes motivated by bias.
  • System impacts: law enforcement agencies (training and reporting), SBI (database creation/maintenance), district attorneys (training/advice), courts (civil/hate‑crime caseloads), and community groups advocating for victims.
  • Potential fiscal/administrative impacts for SBI, Justice Academy, and prosecutors’ conference to stand up programs and data systems (not specified in the bill text provided).

Procedural / next steps

  • Introduced Feb 12, 2025; passed first reading. Typical next steps include committee referrals, hearings, amendment, further readings in the Senate, and (if passed) consideration by the House. Implementation timelines for the database and training would depend on administrative rules and appropriations enacted after passage.

Notes / considerations

  • The bill couples enhanced criminal penalties with civil remedies and restorative‑justice options, aiming to provide both accountability and reparative opportunities.
  • Expansion of protected categories and explicit civil remedies may increase reporting, investigations, prosecutions, and civil litigation involving bias‑motivated incidents.

Compiled from official sources — confirm details with the bill’s official record.

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