H 261

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