Repeals GS 14-50.16, which makes it unlawful for any person employed by or associated with a criminal street gang to conduct or participate in a pattern of criminal street gang activity, or to acquire or maintain any interest in or control of any real or personal property through a pattern of criminal street gang activity. Makes conforming changes throughout Article 13A of GS Chapter 14 to eliminate all references to a pattern of criminal street gang activity and now refer to criminal gang activity.

Makes the following changes to Article 13A of GS Chapter 14. Renames Article 13A to North Carolina Criminal Gang Suppression Act (previously, North Carolina Street Gang Suppression Act). Makes conforming change to the Article's short title.

Enacts GS 14-50.16A to define criminal gang, criminal gang activity, criminal gang leader or organizer, and criminal gang member as the terms are used throughout Article 13A.

Makes conforming changes to GS 14-50.17 (Soliciting; encouraging participation), GS 14-50.18 (Soliciting; encouraging participation; minor), GS 14-50.19 (Threats to deter from gang withdrawal), GS 14-50.20 (Threats of punishment or retaliation), GS 14-50.22 (Enhanced offense for misdemeanor criminal gang activity), GS 14-50.23 (Contraband, seizure, and forfeiture), GS 14-50.25 (Reports of disposition; criminal gang activity), and GS 14-34.9 (Discharging a firearm from within an enclosure) by eliminating all references to criminal street gang activity, and instead referencing criminal gang activity.

Defines criminal gang activity in GS 14-50.16A as the commission of, or attempted commission of, or solicitation, coercion, or intimidation of another person to commit (1) any offense under Article 5 of GS Chapter 90 (North Carolina Controlled Substances Act) or (2) any offense under GS Chapter 14 (Criminal Law), with listed exceptions, and either of the following conditions are met: (a) the offense is committed with 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, or (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.

Amends GS 14-50.19 and GS 14-20, which make it a Class H felony to make threats to deter a person from assisting another in withdrawing from membership in a criminal gang, or to threaten a person as punishment or retaliation against a person from having withdrawn from a criminal gang, by now making those violations a Class F felony. Changes the title of GS 14-50.22 to Enhanced offense for misdemeanor criminal gang activity (previously, enhanced offense for criminal gang activity).

Enacts GS 15A-1340.16E to enhance the sentence for a person convicted of any felony other than a Class A, B1, or B2, who commits the offense as part of any criminal gang activity, as defined in GS 14-50.16A(2) (enacted by this act), to require the person to be sentenced at a felony class level one class higher than the principal felony for which the person was convicted. Additionally, if the person is also found to be a criminal gang leader or organizer, as defined by GS 14-50.16A(3), the person must be sentenced at a felony class level two classes higher than the principal felony for which the person was convicted. As used in this statute, criminal gang leader or organizer is any criminal gang member who acts in any position of management with regard to the criminal gang and meets two of five criteria, as specified. Bars sentencing at any level higher than a Class C felony under this statute. Provides that any sentence imposed under this statute must run consecutively with and commence at the expiration of any sentence being serving by the person under this statute. Sets out requirements for an indictment or information for a felony under this provision. Places the burden of proof beyond a reasonable doubt on the State during the same trial in which the defendant is tried for the felony, unless the defendant pleads guilty or no contest to the felony but pleads guilty to the issues alleged, then requires a jury to be impaneled to determine the issues. Establishes that this statute does not apply to any gang offense included under Article 13A of GS Chapter 14.

Makes the following changes to Article 13B of GS Chapter 14. Renames Article 13B to North Carolina Criminal Gang Nuisance Abatement Act (previously, North Carolina Street Gang Nuisance Abatement Act). Makes conforming changes to GS 14-50.42 (Real property used by criminal gangs declared a public nuisance; abatement), GS 14-50.43 (Criminal gangs declared a public nuisance), GS 15A-1340.16 (Aggravated and mitigated sentences), GS 15A-1343 (Conditions of probation), and GS 15A-533 (Right to pretrial release in capital and noncapital cases) by eliminating all references to criminal street gangs and criminal street gang activity, and instead referencing criminal gangs and criminal gang activity. Additionally, makes conforming changes to replace citations to GS 14-50.16 (repealed by this act) with citations to applicable sections of GS 14-50.16A (enacted by this act).

Amends GS 14-50.43 to extend the duration of an order entered into under the statute which prohibits a defendant, when the court finds a public nuisance exists, from engaging in criminal gang activities, from one year to three years.

Current law (GS 15A-1340.16) sets out aggravating factors that make an aggravated sentence appropriate. Current law includes as an aggravating factor any offense committed for the benefit of, or at the direction of, any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, where defendant was not charged with committing a conspiracy. Additionally, criminal street gang is defined as any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of felony or violent misdemeanor offenses, or delinquent acts that would be felonies or violent misdemeanors if committed by an adult, and having a common name or common identifying sign, colors, or symbols. This act makes conforming changes to reference criminal gang (as stated above, to replace references to street gang), and eliminates the definition of criminal street gang. Instead, provides a reference to the definition of criminal gang provided in GS 14-50.16A(1), as enacted by this act. There, criminal gang is defined as any ongoing organization, association, or group of three or more persons, whether formal or informal, that (1) has as one of its primary activities the commission of criminal or delinquent acts and (2) shares a common name, identification, signs, symbols, tattoos, graffiti, attire, or other distinguishing characteristics, including common activities, customs, or behaviors. Provides that the term does not include three or more persons associated in fact, whether formal or informal, who are not engaged in criminal gang activity.

Amends GS 15A-533(e), which creates a rebuttable presumption that no condition of pretrial release will reasonably assure the appearance of a person as required and the safety of the community if a judicial official makes three specified findings.  Expands the third finding a judicial official must make to create the presumption by including an option of finding that the person has been convicted of a criminal offense and received an enhanced sentence for that offense under GS 15A-1340.16E, and not more than five years has elapsed since the date of conviction or the person’s release for the offense, whichever is later.

Effective December 1, 2017, and applies to offenses committed on or after that date.