Iryna's Law and Pretrial Release

Last month, the General Assembly passed Session Law 2025-93 (H 307), also known as Iryna’s Law. The legislation makes a number of changes to proceedings involving pretrial release; adds a new aggravating sentencing factor; alters the way magistrates may be disciplined; and expands the permissible methods of execution, among other things. This post focuses on the changes affecting pretrial release, most of which will take effect on December 1, 2025. Violent offenses As a threshold matter, the legislation creates a new category of “violent offenses.” Violent offenses are defined in G.S. 15A-531(9) as including any of the following: Any Class A through G felony that includes assault, the use of physical force against a person, or the threat of physical force against a person, as an essential element of the offense. Any felony offense requiring registration as a sex offender, whether or not the person is currently required to register. An offense under G.S. 14-17, and any other offense listed in G.S. 15A-533(b). An offense under G.S. 14‑18.4, 14-34.1, 14-51, 14-54(a1), 14-202.1, 14-277.3A, or 14-415.1, or an offense under G.S. 90-95(h)(4c) that involves fentanyl. Attempts to commit any of the listed offenses. Under the amended law, defendants charged violent offenses are subject to specific conditions of release and may be subject to other proceedings, discussed in the remainder of this post. Pretrial release generally Factors to consider When determining pretrial release conditions, a judicial official must direct the arresting law enforcement officer, a pretrial services program, or a district attorney to provide [...]