Bill > H261

This bill introduces two new sentence enhancements for criminal offenses in North Carolina. First, for individuals unlawfully in the United States who are convicted of a felony (excluding Class A felonies), the bill creates an enhanced sentencing mechanism if the person has a prior federal conviction related to illegally reentering the United States after removal. In such cases, the offender would be convicted of a felony one class higher than the original offense. Second, the bill establishes sentence enhancements for both felonies and misdemeanors committed while conspiring with others to benefit, promote, or further criminal activity. For felonies, this means being convicted of a crime one class higher than the original offense, while for misdemeanors, it means either being elevated to a higher misdemeanor class or, in the case of a Class A1 misdemeanor, being charged with a Class I felony. In both scenarios, the prosecution must prove the enhancement circumstances beyond a reasonable doubt, and the charging documents must specifically allege the conspiratorial nature of the criminal activity. The bill will become effective on December 1, 2025, and will apply to offenses committed on or after that date.

Government Affairs, Justice

https://www.ncleg.gov/BillLookUp/2025/H261