H 1173

GENERAL ASSEMBLY OF NORTH CAROLINA
  SESSION 2025
  SESSION LAW 2026-37
  HOUSE BILL 1173
AN ACT TO MAKE CERTAIN MODIFICATIONS RELATED TO THE CRIMINAL LAWS
  OF NORTH CAROLINA.
The General Assembly of North Carolina enacts:
  SECTION 1.(a) G.S. 7A-304(a) reads as rewritten:
    "(a) In every criminal case in the superior or district court, wherein the defendant is
convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the
prosecuting witness, the following costs shall be assessed and collected. No costs may be
assessed when a case is dismissed. Only upon entry of a written order, supported by findings of
fact and conclusions of law, determining that there is just cause, the court may (i) waive costs
assessed under this section or (ii) waive or reduce costs assessed under subdivision (7), (8), (8a),
(11), (12), or (13) of this section. No court may waive or remit all or part of any court fines or
costs without providing notice and opportunity to be heard by all government entities directly
affected. The court shall provide notice to the government entities directly affected of (i) the date
and time of the hearing and (ii) the right to be heard and make an objection to the remission or
waiver of all or part of the order of court costs at least 15 days prior to hearing. Notice shall be
made to the government entities affected by first-class mail to the address provided for receipt of
court costs paid pursuant to the order. The costs referenced in this subsection are listed below:
  …
  (4)     For support of the General Court of Justice, the sum of one hundred
  forty-seven seventy-seven dollars and fifty cents ($147.50) ($177.50) in the
  district court, including cases before a magistrate, and the sum of one hundred
  fifty-four eighty-four dollars and fifty cents ($154.50) ($184.50) in the
  superior court, to be remitted to the State Treasurer. For a person convicted of
  a felony in superior court who has made a first appearance in district court,
  both the district court and superior court fees shall be assessed. The State
  Treasurer shall remit the sum of ninety-five cents ($.95) of each fee collected
  under this subdivision to the North Carolina State Bar for the provision of
  services described in G.S. 7A-474.19.
  …."
  SECTION 1.(b) This section becomes effective December 1, 2026, and applies to
costs assessed on or after that date.
  SECTION 2.(a) G.S. 14-50.16A reads as rewritten:
"§ 14-50.16A. Criminal gang activity.
    Definitions. – The following definitions apply in this Article:
  (1)     Criminal gang. – Any ongoing organization, association, or group of three or
  more persons, whether formal or informal, that (i) has as one of its primary
  activities the commission of criminal or delinquent acts and (ii) shares a
  common name, identification, signs, symbols, tattoos, graffiti, attire, or other
  distinguishing characteristics, including common activities, customs, or
  behaviors. The term shall not include three or more persons associated in fact,
  *H1173-v-7*
  whether formal or informal, who are not engaged in criminal gang
  activity.behaviors, and engages in criminal gang activity.
  (2)   Criminal gang activity. – The commission of, attempted commission of, or
  solicitation, coercion, or intimidation of another person to commit (i) any
  offense under Article 5 of Chapter 90 of the General Statutes or (ii) any
  offense under Chapter 14 of the General Statutes except Article 9, 22A, 40,
  46, or 59 thereof, and further excepting G.S. 14-82, 14-145, 14-183, 14-184,
  14-186, 14-190.9, 14-247, 14-248, or 14-313 thereof, and either of the
  following conditions is met:
  a.      The offense is committed with the intent to benefit, promote, or further
  the interests of a criminal gang or for the purposes of increasing a
  person's own standing or position within a criminal gang.
  b.      The participants in the offense are identified as criminal gang members
  acting individually or collectively to further any criminal purpose of a
  criminal gang.collectively.
  (3)   Criminal gang leader or organizer. – Any criminal gang member who acts in
  any position of management with regard to the criminal gang and who meets
  two or more at least one of the following criteria:
  a.      Exercises decision-making authority over matters regarding a criminal
  gang.
  b.      Participates in the direction, planning, organizing, or commission of
  criminal gang activity.
  c.      Recruits other gang members.
  d.      Receives a larger portion of the proceeds of criminal gang activity.
  e.      Exercises control and authority over other criminal gang
  members.Supervises or directs the actions of another criminal gang
  member or members during criminal gang activity.
  (4)   Criminal gang member. – Any person who (i) meets three or more of the
  following criteria:criteria or (ii) meets at least two of the following criteria,
  and one of the criteria is sub-subdivision a., b., or c. of this subdivision:
  a.      The person admits to being a member of a criminal gang.
  b.      The person is identified as a criminal gang member by a reliable
  source, including a parent or a guardian.
  c.      The person is in possession of or linked to a criminal gang by physical
  evidence, including ledgers, rosters, or membership documents.
  c.d.    The person has been previously involved in criminal gang activity.
  d.e.    The person has adopted symbols, hand signs, or graffiti associated
  with a criminal gang.
  e.f.    The person has adopted the display of colors or the style of dress
  associated with a criminal gang.
  f.      The person is in possession of or linked to a criminal gang by physical
  evidence, including photographs, ledgers, rosters, written or electronic
  communications, or membership documents.
  g.      The person has tattoos or markings associated with a criminal gang.
  h.      The person has adopted language or terminology associated with a
  criminal gang.
  i.      The person appears in any form of photographs, social media media,
  or written or electronic communication to promote a criminal
  gang.gang or document criminal gang activity."
  SECTION 2.(b) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.
Page 2  Session Law 2026-37  House Bill 1173
  SECTION 3.(a) G.S. 14-50.17 reads as rewritten:
"§ 14-50.17. Soliciting; encouraging participation.
    (a)      It is unlawful for any person to cause, encourage, solicit, or coerce a person 16 18
years of age or older to participate in criminal gang activity.
    (b)      A violation of this section is a Class H Class F felony."
  SECTION 3.(b) G.S. 14-50.18 reads as rewritten:
"§ 14-50.18. Soliciting; encouraging participation; minor.
    (a)      It is unlawful for any person to cause, encourage, solicit, or coerce a person under 16
18 years of age to participate in criminal gang activity.
    (b)      A violation of this section is a Class F Class D felony.
    (c)      Nothing in this section shall preclude a person who commits a violation of this section
from criminal culpability for the underlying offense committed by the minor under any other
provision of law."
  SECTION 3.(c) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.
  SECTION 4.(a) Article 13A of Chapter 14 of the General Statutes is amended by
adding a new section to read:
"§ 14-50.32. Use, carry, or possess a firearm by a member of a criminal gang in relation to
  or in furtherance of a serious felony, drug crime, or a crime of violence.
    (a)      For the purposes of this section, the following definitions apply:
  (1)      Brandish. – To display all or part of a firearm or otherwise make the presence
  of the firearm known to another person.
  (2)      Crime of violence. – Any offense that would be chargeable by indictment
  under the laws of this State for which the State proves, based on the
  defendant's actual conduct in committing the offense, that the defendant or
  another participant acting in concert with the defendant, used, attempted to
  use, or threatened to use physical force against the person or property of
  another.
  (3)      Drug crime. – Any offense that would be chargeable by indictment under
  Article 5 of Chapter 90 of the General Statutes.
  (4)      Firearm. – Any (i) weapon, including a starter gun, which will or is designed
  to or may readily be converted to expel a projectile by the action of an
  explosive, or its frame or receiver, or (ii) firearm muffler or firearm silencer.
  This term does not include an antique firearm as defined in G.S. 14-409.11.
  (5)      Serious felony. – Any offense that would be chargeable under Chapter 14 of
  the General Statutes that is a Class A, B1, B2, C, D, or E felony.
    (b)      It shall be unlawful for any member of a criminal gang to use or carry a firearm during
and in relation to, or to possess a firearm in furtherance of, any serious felony, drug crime, or
crime of violence. A violation of this subsection is a Class G felony, unless subsection (c) or (d)
of this section applies.
    (c)      If a firearm is brandished during the commission of the offense, then the violation is
a Class F felony.
    (d)      If a firearm is discharged during the commission of the offense, then the violation is
a Class D felony."
  SECTION 4.(b) Article 13A of Chapter 14 of the General Statutes is amended by
adding a new section to read:
"§ 14-50.33. Sell, deliver, give, or transfer a firearm to a juvenile by a member of a criminal
  gang.
    (a)      It shall be unlawful for a member of a criminal gang to sell, deliver, give, or otherwise
transfer a firearm to a person whom the criminal gang member knows or has reasonable cause to
House Bill 1173  Session Law 2026-37  Page 3
believe is a juvenile. For purposes of this section, the term "juvenile" means a person who is less
than 18 years of age.
    (b)      A violation of this section is a Class G felony."
  SECTION 4.(c) Article 13A of Chapter 14 of the General Statutes is amended by
adding a new section to read:
"§ 14-50.34. Use of witness testimony.
    Criminal gang activity, membership, association, leadership, and existence may be proven
through the testimony of a fact witness, an expert witness, or a combined fact and expert witness
pursuant to Chapter 8C of the General Statutes. In any proceeding pursuant to this Article, expert
testimony is admissible to show particular conduct, status, and customs indicative of criminal
gangs and criminal gang activity, including any of the following:
  (1)     Characteristics of persons who are members of a criminal gang.
  (2)     Specific rivalries between criminal gangs.
  (3)     Common practices and operations of criminal gangs and members of those
  criminal gangs.
  (4)     Social customs and behavior of members of criminal gangs.
  (5)     Terminology used by members of criminal gangs.
  (6)     Codes of conduct, including criminal conduct, of particular criminal gangs.
  (7)     The types of crimes that are likely to be committed by a particular criminal
  gang or by criminal gangs in general."
  SECTION 4.(d) Article 13A of Chapter 14 of the General Statutes is amended by
adding a new section to read:
"§ 14-50.35. Venue.
    In any criminal proceeding brought under this Article, the crime shall be construed to have
been committed in any county in which any act was performed as part of criminal gang activity."
  SECTION 4.(e) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.
  SECTION 5.(a) Article 4 of Chapter 8C of the General Statutes is amended by
adding a new section to read:
"Rule 416. Evidence of criminal gang activity.
    (a)      For purposes of this rule, the term "criminal gang activity" is as defined in
G.S. 14-50.16A.
    (b)      In any proceeding in which a person is accused of conducting, participating in, or
conspiring to commit criminal gang activity, or in any proceeding under Article 13B of Chapter
14 of the General Statutes, evidence of the defendant's commission of criminal gang activity may
be considered for the purpose of proving any element of the alleged criminal offense.
    (c)      In any proceeding in which the prosecution intends to offer evidence under this rule,
the prosecutor shall disclose the evidence to the defendant, including statements of witnesses or
a summary of the substance of any testimony that is expected to be offered, at least 10 days in
advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the
judge upon good cause shown.
    (d)      This rule shall not be the exclusive means to admit or consider the evidence described
in this rule."
  SECTION 5.(b) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.
  SECTION 6.(a) G.S. 15A-1340.16E reads as rewritten:
"§ 15A-1340.16E. Enhanced sentence for offenses committed by criminal gang members as
  a part of criminal gang activity.
    (a)      Except as otherwise provided in subsection (b) of this section, if a person is convicted
of any felony other than a Class A, B1, or B2 felony, and it is found that the offense was
committed as part of criminal gang activity as defined in G.S. 14-50.16A(2), then the person shall
Page 4  Session Law 2026-37  House Bill 1173
be sentenced at a felony class level one class two classes higher than the principal felony for
which the person was convicted.
    (b)      If subsection (a) of this section applies and the person is found to be a criminal gang
leader or organizer as defined in G.S. 14-50.16A(3), the person shall be sentenced at a felony
class level two three classes higher than the principal felony for which the person was convicted.
    …."
  SECTION 6.(b) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.
  SECTION 7. Except as otherwise provided, this act is effective when it becomes
law.
  In the General Assembly read three times and ratified this the 2nd day of July, 2026.
  s/ Rachel Hunt
  President of the Senate
  s/ Destin Hall
  Speaker of the House of Representatives
  s/ Josh Stein
  Governor
Approved 2:41 p.m. this 6th day of July, 2026
House Bill 1173  Session Law 2026-37  Page 5