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H961 • 2025
Criminal Intent Sentence Enhancement.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Criminal Intent Sentence Enhancement.
Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
Passed 1st Reading
Filed
Criminal Intent Sentence Enhancement.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 961 Short Title: Criminal Intent Sentence Enhancement. (Public) Sponsors: Representatives Charles Smith, Davis, Balkcom, and Majeed (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House April 14, 2025 *H961-v-1* A BILL TO BE ENTITLED 1 AN ACT TO ESTABLISH A SENTENCE ENHANCEME NT FOR FELONY OFFENS ES 2 COMMITTED BECAUSE OF A VICTIM'S CHARACTE RISTIC AND TO MAKE A 3 CONFORMING CHANGE TO AN AGGRAVATING FACT OR FOR AN OFFENSE 4 COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC. 5 The General Assembly of North Carolina enacts: 6 7 PART I. TITLE OF ACT 8 SECTION 1. This act shall be known as "The Hate Crimes Prevention Act." 9 10 PART II. ESTABLISH S ENTENCE ENHANCEMENT FOR FELONY OFFENSES 11 COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC 12 SECTION 2. Part 2 of Article 81B of Chapter 15A of the General Statutes is 13 amended by adding a new section to read: 14 "§ 15A -1340.16H. Enhanced sentence for offense committed because of victim 's 15 characteristic. 16 (a) If a person is convicted of a felony and it is fo und that the offense was committed 17 against the victim because of the victim 's race, ethnicity, color, religion, nationality, country of 18 origin, or gender, then the person shall be sentenced at a felony class level one class higher than 19 the principal felony for which the person was convicted. 20 (b) An indictment or information for the felony shall allege in that indictment or 21 information the facts that qualify the offense for an enhancement under this section. One pleading 22 is sufficient for all felonies that are tried at a single trial. 23 (c) The State shall prove the issue set out in subsection (a) of this section beyond a 24 reasonable doubt during the same trial in which the defendant is tried for the felony unless the 25 defendant pleads guilty or no contest to that issue. If the defendant pleads guilty or no contest to 26 the felony but pleads not guilty to the issue set out in subsection (a) of this section, then a jury 27 shall be impaneled to determine that issue." 28 29 PART III. CONFORMING CHANGE TO AGGRAVATI NG FACTOR F OR AN 30 OFFENSE COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC 31 SECTION 3. G.S. 15A-1340.16(d)(17) reads as rewritten: 32 General Assembly Of North Carolina Session 2025 Page 2 House Bill 961-First Edition "(17) The offense for which the defendant stands convicted was committed against 1 a victim because of the victim's race, ethnicity, color, religion, nationality, or 2 country of origin.origin, or gender." 3 4 PART IV. EFFECTIVE DATE 5 SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 6 committed on or after that date. 7