H 961

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
1A BILL TO BE ENTITLED
2 AN ACT TO ESTABLISH A SENTENCE ENHANCEMENT FOR FELONY OFFENSES
3    COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC AND TO MAKE A
4    CONFORMING CHANGE TO AN AGGRAVATING FACTOR FOR AN OFFENSE
5    COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC.
6 The General Assembly of North Carolina enacts:
7
8 PART I. TITLE OF ACT
9SECTION 1. This act shall be known as "The Hate Crimes Prevention Act."
10
11 PART II. ESTABLISH SENTENCE ENHANCEMENT FOR FELONY OFFENSES
12 COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC
13SECTION 2. Part 2 of Article 81B of Chapter 15A of the General Statutes is
14 amended by adding a new section to read:
15 "§ 15A-1340.16H. Enhanced sentence for offense committed because of victim's
16characteristic.
17     (a)     If a person is convicted of a felony and it is found that the offense was committed
18 against the victim because of the victim's race, ethnicity, color, religion, nationality, country of
19 origin, or gender, then the person shall be sentenced at a felony class level one class higher than
20 the principal felony for which the person was convicted.
21     (b)     An indictment or information for the felony shall allege in that indictment or
22 information the facts that qualify the offense for an enhancement under this section. One pleading
23 is sufficient for all felonies that are tried at a single trial.
24     (c)     The State shall prove the issue set out in subsection (a) of this section beyond a
25 reasonable doubt during the same trial in which the defendant is tried for the felony unless the
26 defendant pleads guilty or no contest to that issue. If the defendant pleads guilty or no contest to
27 the felony but pleads not guilty to the issue set out in subsection (a) of this section, then a jury
28 shall be impaneled to determine that issue."
29
30 PART III. CONFORMING CHANGE TO AGGRAVATING FACTOR FOR AN
31 OFFENSE COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC
32SECTION 3. G.S. 15A-1340.16(d)(17) reads as rewritten:
  *H961-v-1*
General Assembly Of North Carolina  Session 2025
1"(17) The offense for which the defendant stands convicted was committed against
2a victim because of the victim's race, ethnicity, color, religion, nationality, or
3country of origin.origin, or gender."
4
5 PART IV. EFFECTIVE DATE
6SECTION 4. This act becomes effective December 1, 2025, and applies to offenses
7 committed on or after that date.
Page 2  House Bill 961-First Edition