H354 - Hate Crimes Prevention Act

• Expands hate crime offenses to include crimes motivated by victim's race, ethnicity, color, religion, nationality, country of origin, gender, gender identity, gender expression, disability, or sexual orientation, elevating penalties from Class 2 or 3 misdemeanors to Class 1 misdemeanors and Class A1 or 1 misdemeanors to Class H felonies.

• Creates new felonious assault hate crime offense (Class F felony, or Class E felony if death results or sexual assault is involved) for assaults causing serious bodily injury based on protected characteristics.

• Requires State Bureau of Investigation to establish and maintain a hate crimes statistics database, with law enforcement agencies reporting monthly and SBI submitting annual reports to General Assembly beginning January 15, 2023; appropriates $1.89 million in nonrecurring and $530,000 in recurring funds.

• Mandates North Carolina Justice Academy develop and provide training to law enforcement officers on identifying, responding to, and reporting hate crimes, with training required for entry-level and in-service officers.

• Requires Conference of District Attorneys to develop and provide training to prosecutors on prosecuting hate crimes; allows victims or immediate family members to pursue civil actions for actual damages, punitive damages, and attorney fees, and permits courts to order restorative justice sessions at defendant's expense.