NC H40

Increases criminal penalties for rioting and inciting riots, creating new felony classes based on damage severity: Class F felony for property damage exceeding $2,500 or serious bodily injury, and Class E felony if rioting causes death.

Elevates penalties for inciting riots to Class E felony if inciting causes property damage exceeding $2,500 or serious bodily injury, and Class D felony if it causes death.

Allows victims to recover three times actual damages plus court costs and attorney's fees from those responsible for property or personal injury caused by rioting or looting violations.

Requires judges (not magistrates) to determine pretrial release conditions for rioting and looting offenses and allows judges to retain defendants in custody up to 24 hours while reviewing criminal history and determining release conditions.

Directs the Department of Justice to develop model law enforcement agency protest response and engagement policies by March 1, 2024.