Read the full stored bill text
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 261
Committee Substitute Favorable 4/29/25
Short Title: Sent. Enhancement/Immigration-Related Crimes. (Public)
Sponsors:
Referred to:
March 4, 2025
*H261-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE A SENTENCE ENHANCEMENT FOR A PERSON CONVICTED OF 2
A FELONY OTHER THAN A CLASS A FELONY WHI LE BEING UNLAWFULLY IN 3
THE UNITED STATES AN D TO CREATE A SENTEN CE ENHANCEMENT FOR A 4
PERSON CONVICTED OF A MISDEMEANOR OR FEL ONY COMMITTED WHILE 5
CONSPIRING WITH ONE OR MORE PERSONS FOR THE PURPOSE OF 6
BENEFITTING, PROMOTING, OR FURTHERING CRIMINAL ACTIVITY. 7
The General Assembly of North Carolina enacts: 8
SECTION 1. Part 2 of Article 81B of Chapter 15A of the General Statutes is 9
amended by adding two new sections to read: 10
"§ 15A-1340.16H. Enhanced sentence for felony committed by person unlawfully in the 11
United States. 12
(a) Sentence Enhancement with Prior Federal Conviction. – If a person is convicted of a 13
felony other than a Class A felony and it is found as provided in this section that the person had 14
been previously convicted of a crime relating to the reentry of removed a liens under 8 U.S.C. § 15
1326, then the person is guilty of a felony that is one class higher than the underlying felony for 16
which the person was convicted. 17
(b) Indictment or Information. – An indictment or information for the felony shall allege 18
in that indictment or information or in a separate indictment or information the applicable facts 19
set out in subsection (a) of this section. The pleading for an offense subject to enhancement under 20
subsection (a) of this section is sufficient if it alleges that the defendant committed the felony 21
while having a prior conviction of a crime relating to the reentry of removed aliens under 8 U.S.C. 22
§ 1326. One pleading is sufficient for all felonies that are tried at a single trial. 23
(c) Burden of Proof. – The State shall prove the issue set out in subsection (a) of this 24
section beyond a reasonable doubt during the same trial in which the defendant is tried for the 25
felony unless the defendant pleads guilty or no contest to that issue. If the defendant pleads guilty 26
or no contest to the felony but pleads not guilty to the issue set out in subsection (a) of this section, 27
then a jury shall be impaneled to determine that issue. 28
"§ 15A-1340.16I. Enhanced sentence for felony committed for the purpose of benefitting, 29
promoting, or furthering criminal activity. 30
(a) Definition. – For purposes of this section, the term "criminal activity" is as defined in 31
G.S. 14-118.8. 32
(b) Sentence Enhancement. – If a person is convicted of a felony other than a Class A 33
felony and it is found as provided in this section that the felony was committed by a person 34
conspiring with one or more persons for the purpose of benefitting, promoting, or furthering 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 261-Second Edition
criminal activity, then the person is guilty of a felony that is one class higher than the underlying 1
felony for which the person was convicted. 2
(c) Indictment or Information. – An indictment or information for the felony shall allege 3
in that indictment or information or in a separate indictment or information the facts set out in 4
subsection (b) of this section. The pleading is sufficient if it alleges that the defendant committed 5
the felony while conspiring with one or more persons for the purpose of benefitting, promoting, 6
or furthering the interests of criminal activity. One pleading is sufficient for all felonies that are 7
tried at a single trial. 8
(d) Burden of Proof. – The State shall prove the issue set out in subsection ( b) of this 9
section beyond a reasonable doubt during the same trial in which the defendant is tried for the 10
felony unless the defendant pleads guilty or no contest to that issue. If the defendant pleads guilty 11
or no contest to the felony but pleads not guilty to the issue set out in subsection ( b) of this 12
section, then a jury shall be impaneled to determine that issue." 13
SECTION 2. Part 3 of Article 81B of Chapter 15A of the General Statutes is 14
amended by adding a new section to read: 15
"§ 15A -1340.24. Enhanced sentence for misdemeanor committed for the purpose of 16
benefitting, promoting, or furthering criminal activity. 17
(a) Definition. – For purposes of this section, the term "criminal activity" is as defined in 18
G.S. 14-118.8. 19
(b) Sentence Enhancement. – If a person is convicted of a misdemeanor other than a Class 20
A1 misdemeanor and it is found as provided in this section that the misdemeanor was committed 21
by a person conspiring with one or more persons for the purpose of benefittin g, promoting, or 22
furthering criminal activity, then the person is guilty of a misdemeanor that is one class higher 23
than the underlying misdemeanor for which the person was convicted. If a person is convicted of 24
a Class A1 misdemeanor and it is found as provided in this section that the misdemeanor was 25
committed by a person conspiring with one or more persons for the purpose of benefitting, 26
promoting, or furthering criminal activity, then the person is guilty of a Class I felony. 27
(c) Pleading. – The pleading charging the person for the misdemeanor shall allege in that 28
pleading or in a separate pleading the facts set out in subsection (b) of this section. The pleading 29
is sufficient if it alleges that the defendant committed the misdemeanor while conspiring with 30
one or more persons for the purpose of benefitting, promoting, or furthering the interests of 31
criminal activity. One pleading is sufficient for all felonies that are tried at a single trial. 32
(d) Burden of Proof. – The State shall prove the issue set out in subsection ( b) of this 33
section beyond a reasonable doubt during the same trial in which the defendant is tried for the 34
misdemeanor unless the defendant pleads guilty or no contest to that issue. If the defendant pleads 35
guilty or no contest to the misdemeanor but pleads not guilty to the issue set out in subsection (b) 36
of this section, then a jury shall be impaneled to determine that issue." 37
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 38
committed on or after that date. 39