Bill > H961

This bill, known as "The Hate Crimes Prevention Act," establishes a sentence enhancement for felony offenses committed because of a victim's specific characteristics. Under the new law, if a person is convicted of a felony and the offense is found to have been motivated by the victim's race, ethnicity, color, religion, nationality, country of origin, or gender, the offender will be sentenced at one felony class level higher than the original offense. The bill requires that any indictment or information must allege the facts that qualify for this enhancement, and the state must prove the motivating characteristic beyond a reasonable doubt during the same trial. If the defendant pleads guilty to the felony but contests the motivational element, a jury will be impaneled to determine that specific issue. Additionally, the bill makes a conforming change to an existing aggravating factor statute by adding "ethnicity" and "gender" to the list of characteristics that can trigger enhanced sentencing. The law will become effective on December 1, 2025, and will apply to offenses committed on or after that date, providing a legal mechanism to address crimes motivated by bias against specific personal characteristics.

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https://www.ncleg.gov/BillLookUp/2025/H961