Bill Summary for H 261 (2025-2026)

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Summary date: 

Mar 3 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 261 (Public) Filed Monday, March 3, 2025
AN ACT TO CREATE A SENTENCE ENHANCEMENT FOR A PERSON CONVICTED OF A FELONY OTHER THAN A CLASS A FELONY WHILE BEING UNLAWFULLY IN THE UNITED STATES AND TO CREATE A SENTENCE ENHANCEMENT FOR A PERSON CONVICTED OF A MISDEMEANOR OR FELONY COMMITTED WHILE CONSPIRING WITH ONE OR MORE PERSONS FOR THE PURPOSE OF BENEFITTING, PROMOTING, OR FURTHERING CRIMINAL ACTIVITY.
Intro. by N. Jackson, Balkcom, Biggs, Ward.

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Bill summary

Enacts new GS 15A-1340.16H, enhancing the criminal penalty to a felony that is one class higher than the underlying felony for which the person was convicted when a person is convicted of a felony other than a Class A felony and it is found that the person had been previously denied admission to, or excluded, deported, or removed from, the United States. Enhances the criminal penalty to a felony that is two classes higher than the underlying felony for which the person was convicted if a person is convicted of a felony other than a Class A felony and it is found that the person had been previously convicted of a crime relating to the reentry of removed aliens under 8 U.S.C. § 1326. Requires that an indictment or information for the felony allege the applicable facts set out above. Specifies that is to be included in the pleading for an offense subject to these enhancements. Requires the State to prove the issue set above beyond a reasonable doubt during the same trial in which the defendant is tried for the felony unless the defendant pleads guilty or no contest to that issue; if the defendant pleads guilty or no contest to the felony but pleads not guilty to the issue set out above, then requires a jury to be impaneled to determine that issue.

Enacts new GS 15A-1340.16I, enhancing the criminal penalty to a felony that is one class higher than the underlying felony for which the person was convicted when a person is convicted of a felony other than a Class A felony and it is found that the felony was committed by a person conspiring with one or more persons for the purpose of benefitting, promoting, or furthering criminal activity. Requires the indictment or information for the felony to allege those facts. Makes the pleading sufficient if it alleges that the defendant committed the felony while conspiring with one or more persons for the purpose of benefitting, promoting, or furthering the interests of criminal activity. Requires the State to prove the issue beyond a reasonable doubt during the same trial in which the defendant is tried for the felony unless the defendant pleads guilty or no contest to that issue; if the defendant pleads guilty or no contest to the felony but pleads not guilty to the issue set out above, then requires a jury to be impaneled to determine that issue.

Enacts new GS 15A-1340.24, enhancing the criminal penalty to a misdemeanor one class higher than the underlying misdemeanor for which the person was convicted when a person is convicted of a misdemeanor other than a Class A1 misdemeanor and it is found that the misdemeanor was committed by a person conspiring with one or more persons for the purpose of benefitting, promoting, or furthering criminal activity. Enhances the punishment to a Class I felony if a person is convicted of a Class A1 misdemeanor and it is found that the misdemeanor was committed by a person conspiring with one or more persons for the purpose of benefitting, promoting, or furthering criminal activity. Requires the pleading charging the person for the misdemeanor to allege the facts set out above. Makes the pleading sufficient if it alleges that the defendant committed the misdemeanor while conspiring with one or more persons for the purpose of benefitting, promoting, or furthering the interests of criminal activity. Requires the State to prove the issue beyond a reasonable doubt during the same trial in which the defendant is tried for the misdemeanor unless the defendant pleads guilty or no contest to that issue; if the defendant pleads guilty or no contest to the misdemeanor but pleads not guilty to the issue set out above, then requires a jury to be impaneled to determine that issue.

Applies to offenses committed on or after December 1, 2025.