
There are some key changes to some rules in the Tar Heel State.
CHARLOTTE, N.C. โ As we welcome 2025, residents across North Carolina will also be welcoming new laws and new changes to existing laws in the Tar Heel State. To help you get ahead in the new year, WCNC Charlotte has compiled a list of laws that will take effect on Jan. 1, 2025.
Changes to the juvenile justice system in North Carolina
2025 will see a handful of changes to how juveniles are handled in court when charged with different crimes. Two of the new laws discuss this specifically: HB 186 and HB 834.ย
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What House Bill 186 changesย
HB 186 – passed in August 2023, is the “Raise the Age” law, which impacts 16- and 17-year-old suspects charged with violent crimes by allowing them to be tried as adults in North Carolina Superior Court. A prosecutor can still decline to transfer the juvenile to adult court after a probable cause hearing or indictment is issued. The following amendment to the law takes effect in January.ย
Starting Jan. 1, 2025, juvenile offenders will not automatically be transferred to superior court as an adult if they aren’t capable of standing trial. Valid reasons include mental disorder, intellectual disability, neurological disorder, traumatic brain injury, developmental immaturity and if the offender is unable to understand the nature of the proceedings.ย
If a juvenile is accused of a serious crime, the court can send them to a state mental health facility for up to 60 days to determine if they can understand and participate in their trial. Before doing this, the judge must decide if an examination is needed. Once the evaluation is done, the juvenile is returned to their county, and the report is given to their attorney and the court. This report can be used in court and must be done in the least restrictive way for the juvenile’s and public’s safety.
The forensic report must be completed within 30 days, with possible extensions up to 120 days. The report is confidential and stops the trial process except for custody matters. The court must hold a hearing and make formal findings. If the juvenile is found incapable, they cannot be tried or sentenced until they are capable.
What House Bill 834 changesย
HB 834 was made law in June 2024 and, like HB 186, an amendment will take effect on Jan. 1, 2025. This law specifically modifies who is defined as a delinquent juvenile under North Carolina law and adds additional changes to the court transfer process.ย
Delinquent juveniles will now be defined as any juvenile between the ages of 10 and 16 who commits a crime or infraction under state or local law. Juveniles between the ages of 16 and 18 also fall under this definition, except for offenses already outlined elsewhere in state law and for offenses that could be defined as a Class A, B1, B2, C, D, or E felony if committed by an adult.ย
Juveniles who are between the ages of 8 to 10 years old who commit a Class A, B1, B2, C, D, E, F, or G felony are also defined as delinquent.ย
As far as the transfer process is concerned, juveniles who are alleged to have committed a felony offense will appear in court within 10 days of a petition being filed. This hearing will be for a continued secured custody determination. Juveniles who are at least 13 years old but still younger than 16 can be transferred to adult court if a felony other than a Class A felony is allegedly committed as part of a discretionary transfer. However, a juvenile accused of committing a Class A felony will be automatically transferred once the court finds probable cause or a true bill of indictment is returned.ย
However, the juvenileโs case can be remanded from superior court to district court if the prosecutor and the juvenileโs attorney file a joint motion to do so.ย
HB 384 also notes that juveniles accused of committing a Class F or G felony will be transferred to adult court unless the prosecutor declines to do so. A transfer can also again only happen with either a true bill of indictment or with probable cause being found.ย
The new law also lays out how probable cause hearings and indictment return appearances for juveniles are handled. It also notes that the transfer decisions can be appealed for some felonies, but not all, and that appeals can only happen after a conviction in a superior court.ย
A new process to remove cases back to juvenile court is also outlined in HB 384. This includes the expungement of criminal charges and the juvenileโs superior court record and expunction of records, including DNA records, when remanded to district court or removed.ย
Juveniles will also face increased punishment for certain crimes unless a different classification is clearly stated. Minors who are found guilty of soliciting other minors to commit a felony will be treated as guilty of a crime that is two classes lower than the crime solicited. For example, a Class A or Class B1 felony will be treated as a Class C felony. A Class I felony will be treated as a Class 2 misdemeanor.ย
Senate Bill 409
Senate Bill 409 was originally signed into law by Gov. Roy Cooper in 2023. This bill amends laws on breaking into vehicles and watercraft, allows aggregation of financial crimes for sentencing, permits unsworn declarations for business records, creates a pilot program for automatic license plate readers, updates the obscene literature statute, and establishes an independent State Fire Marshal’s office with new firefighter program rules.
An amendment to the law takes effect Jan. 1, 2025. Here’s what it changes:ย
The new law sets up a Residential Code Council to oversee building codes for homes. Within 30 days of being appointed, the Council will meet, led by the Commissioner of Insurance and the State Fire Marshal. They will create rules to guide their work and can form committees as needed. One special committee, including Council members, contractors, design professionals, and the public, will focus on updating the building codes. These committees will meet as needed and report back to the Council with their suggestions.
Senate Bill 166
Senate Bill 166 introduces various amendments to development regulations, building codes, and environmental health rules. Key changes include prohibiting certain backflow preventer requirements, clarifying building permit fees, and establishing a new certification for building code permit technicians. ย
Starting Jan. 1, 2025, several changes will take effect. Public water systems can’t require backflow preventers unless there’s a high hazard, and they can’t demand redundant water shut-off valves in homes. Building permit fees must support inspection departments only, and residential plan reviews must be completed within 15 business days, or fees will be refunded. The Residential Code Council will oversee residential building codes, while the Building Code Council will handle commercial and multi-family construction codes.ย
New rules for juvenile incapacity in legal proceedings will also be implemented, ensuring fair treatment for juveniles who can’t understand or participate in their defense. Additionally, private pools offered through sharing platforms must meet safety standards, and local governments can’t impose unauthorized conditions for water or sewer services for residential developments. These updates aim to streamline processes, enhance safety, and ensure fair treatment in various sectors.
Senate Bill 452
Senate Bill 452 brings several important updates to North Carolina’s insurance laws effective Jan. 1, 2025.
The minimum liability limits for auto insurance will increase to $50,000 for one person and $100,000 for two or more people per accident. Property damage coverage will also rise to $50,000. Additionally, the law will change how underinsured motorist coverage is calculated, ensuring that the total damages sustained by an individual are considered. These updates aim to provide better financial protection for drivers and accident victims. The changes are part of Senate Bill 452, which includes various updates to the state’s insurance regulations.
Senate Bill 508
North Carolina Senate Bill 508 introduces several key changes. Local governments can now budget for capital, grant, and settlement projects more flexibly, either in annual budgets or project ordinances. The bill also extends the timeline for non-state entities to use directed grants, allowing funds from 2023-2024 to remain available until June 30, 2026. Additionally, the bill revises the allocation of emergency response funds, including a directed grant to Haywood County.ย
It also repeals a change to the definition of solid waste and makes corrections related to the University of North Carolina Health Care System and East Carolina University. Furthermore, the bill includes provisions for vocational rehabilitation pilot programs, special education digital intervention software, and school resource officers in nonpublic schools. These updates aim to enhance financial management, support educational initiatives, and improve emergency response and healthcare systems.
House Bill 1020
House Bill 1020 introduces several important updates to North Carolina’s retirement systems for teachers, state employees and local government employees. One key change is that retirees who return to work and choose to participate in the Optional Retirement Program will have their retirement benefits temporarily suspended. Additionally, the bill clarifies that employees receiving severance pay are not eligible for retirement benefits during that period.
The bill also updates employer reporting requirements, ensuring timely and accurate submission of contributions and related information. For members of the Legislative Retirement System, the bill specifies how benefits are handled if a member dies while applying for retirement. Lastly, the bill extends the eligibility for participation in the North Carolina 401(k) Supplemental Retirement Income Plan to part-time employees.
Key points:
- Retirees reemployed and participating in the Optional Retirement Program will have benefits suspended.
- Employees receiving severance pay are ineligible for retirement benefits during that time.
- Employer reporting requirements for retirement contributions are updated.
- Clarifies benefit handling for deceased members of the Legislative Retirement System.
- Expands 401(k) plan eligibility to part-time employees.
House Bill 488ย
House Bill 488 brings some significant updates to North Carolina’s building regulations. The bill reorganizes the Building Code Council and creates a new Residential Code Council specifically for residential construction. This means there will be more focused oversight and potentially smoother processes for residential building projects.ย
The new law blocks the State Building Code Council from updating key sections of the state building code until 2031. Some parts of the current code haven’t been updated since 2009, putting North Carolina behind many other states when it comes to disaster preparedness.ย
The North Carolina Home Builders Association argued that requiring stricter standards would make many homes unaffordable. They also pushed back against a proposed inspection requirement to ensure homes could withstand hurricane-force winds. There are also concerns that the law could make North Carolina communities ineligible for FEMA funding designed to pay for improvements that reduce the risks of storms, flooding and other climate impacts.ย
One major update is the increase in the project cost minimum for general contractor licensing requirements from $30,000 to $40,000. This change means smaller projects won’t need a licensed general contractor, potentially reducing costs for homeowners and small businesses. Additionally, the law prohibits routine exterior sheathing inspections in areas with wind speeds under 140 mph, simplifying the inspection process for many builders.
Senate Bill 355
The North Carolina Farm Act of 2024, or SB 355, makes multiple changes to agriculture laws in North Carolina. While most of the legislation went into effect when it was signed by Gov. Cooper on June 28, two sections in particular go into effect on Jan. 1.
Section 13 requires all county and city Geographic Information System (GIS) tools to display a disclaimer. This disclaimer will inform users that the data provided is without warranty and advise them to verify information through primary sources like recorded deeds and plats. This aims to ensure users are aware of potential inaccuracies in the GIS data.
Additionally, Section 15 reintroduces a tax credit for donations of real property for conservation purposes. This credit is available to both corporations and individuals who donate land for uses such as forest and farmland preservation, wildlife conservation, and floodplain protection. The credit is 25% of the property’s fair market value, with a cap of $500,000 for corporations and $250,000 for individuals. This incentive encourages land conservation and supports environmental protection efforts. The tax credit is for taxable years starting on Jan. 1, 2025, and for donations made starting on Jan. 1, 2025. It expires for taxable years or donations made starting Jan. 1, 2027.ย
Senate Bill 425
This bill is about changes to laws regarding health and human services. Most of the bill went into law when the governor signed the bill but one section goes into effect on Jan. 1. This section covers Medicaid managed care coverage for people who have been incarcerated.ย
The law addresses who must be covered under “Capitated Prepaid Health Plans (PHP). The bill creates an exception for two groups, prison inmates and other incarcerated people.ย
While in prison, inmates are now excluded from Medicaid eligibility for either one year or for their first Medicaid eligibility period after release. The shorter of the two options applies. The same provision applies to people in other carceral settings, like jails.
The practical effect is that these individuals will receive Medicaid coverage through the traditional fee-for-service system rather than through managed care organizations during these periods. This helps ensure continuity of care during the transition period after release.
Senate Bill 607
This bill offers changes to various regulations in the state of North Carolina. While most of the bill went into law when it was signed by Gov. Cooper, one section pertaining to online ticket prices takes effect on April 1.ย
The law requires ticket sellers, including venues, promoters, and resale websites, to clearly display the total price of tickets, including all mandatory fees, from the start of the purchase process. Sellers cannot increase the initial price during a customer’s shopping session except for specific allowed charges such as delivery fees and government taxes.
The measure aims to prevent hidden fees and surprise costs that often appear late in the checkout process. It applies to all live entertainment events in North Carolina, including concerts, sporting events, and theater performances.
Violators will face penalties under the state’s unfair trade practices law, giving the NC Attorney General’s office authority to investigate complaints and enforce the new requirements.
The legislation comes amid growing national concern over ticket pricing transparency, particularly in the secondary resale market where additional fees can significantly increase the final cost to consumers.
Senate Bill 527ย
Senate Bill 527 makes various changes to alcohol laws in the Tar Heel State. While much of the bill went into effect when it was signed into law on June 28, here are some of the key changes going into effect on Jan. 1:ย
One new section introduces a cap on the use tax for high-value spirituous liquor purchases. Specifically, if a single container of spirituous liquor costs $50,000 or more, the maximum use tax that can be applied is $1,000. Buyers can apply for a direct pay permit to purchase such liquor without paying tax to the seller, and instead, they will pay the tax directly to the state. Sellers can also choose to collect and remit this capped tax on behalf of the buyer.
The second section updates regulations to prevent unfair trade practices in the alcohol industry. It prohibits manufacturers, bottlers, or wholesalers from requiring retailers to exclusively purchase their products, having financial interests in retailers, or providing free services like draft line cleaning unless the retailer pays fair market value. The section also clarifies that dividing or delivering individual containers from larger packages to retailers is not considered “giving things of value.”
These changes aim to streamline tax processes for high-value liquor purchases and ensure fair competition in the alcohol market.
House Bill 600
House Bill 600 eases some water regulations for developers, aimed at the stateโs hog farm owners. The new law allows local governments to let developers exceed density limits if certain conditions are met, such as the property being developed before the local watershed program took effect.ย
Cooper vetoed this bill, stating it “will result in dirtier water, discriminatory permitting and threats to North Carolina’s environment.โ
Under the bill, public linear transportation projects are exempt from certain stormwater rules, which could speed up these projects.ย
Senate Bill 382ย
The Disaster Recovery Act of 2024 is partially focused on helping North Carolina recover from Heleneโs devastation. It also includes several provisions that will transfer power from positions held by elected Democrats to Republicans, prompting a swift veto from Governor Roy Cooper.ย
Changes in the act will prevent Governor-elect Josh Stein from appointing members to the State Board of Elections and will weaken the powers of incoming Democrats including: Attorney General-elect Jeff Jackson, Lieutenant Governor-elect Rachel Hunt and Superintendent of Public Instruction-elect Mo Green.
The state is transferring $227 million from its Savings Reserve to the Hurricane Helene Disaster Recovery Fund. This money is set aside to tackle unmet needs in the areas hit hardest by the hurricane. The General Assembly plans to review how this funding is used as recovery efforts progress.
Under the act, $2 million will go towards supporting soil and water conservation efforts in affected regions. Another $25 million is earmarked for debris removal and streamflow rehabilitation. Certain government approvals for property development will have their timelines extended, allowing more flexibility during recovery efforts.
In education, the bill offers flexibility for school calendars. If schools had to close due to the hurricane, they wonโt have to make up those days. Employees and contractors will still get paid for these missed days, ensuring theyโre paid as if they had worked.
There are also extensions for various health and human services licenses in impacted areas. For instance, licenses for mental health facilities and adult care homes will be valid until March 1, 2025. This gives these facilities more time to renew their licenses without losing their ability to operate.