Bill Summary for H 237 (2023-2024)

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Summary date: 

May 3 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 237 (Public) Filed Wednesday, March 1, 2023
AN ACT TO CRIMINALIZE MONEY LAUNDERING AND TO ESTABLISH AN ENHANCED SENTENCE IF A DEFENDANT IS CONVICTED OF AN OFFENSE AND THE DEFENDANT WAS WEARING A MASK, HOOD, OR OTHER CLOTHING OR DEVICE TO CONCEAL OR ATTEMPT TO CONCEAL THE DEFENDANT'S IDENTITY.
Intro. by Torbett, Greene, Faircloth, Carson Smith.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Amends new GS 14-118.8, limiting the scope of the offense of money laundering to require the person to act knowingly and willingly (was, only knowingly), and requiring the offense to involve proceeds of criminal activity or funds that alone or aggregated exceeds $10,000. Now requires knowledge of the nature of the criminal activity giving rise to the proceeds to establish a culpable mental state (previously, specified knowledge of the specific nature of the criminal activity was not required). Deletes the provisions establishing a presumption of the person's belief that funds are the proceeds of or are intended to further the commission of criminal activity. Adds that it is not a defense to conspiracy to commit the offense of money laundering that the person whom the defendant is alleged to have conspired with was a law enforcement officer or a person acting at the direction of a law enforcement officer that represented to the defendant that the funds are proceeds of or are intended to further the commission of criminal activity. Makes organizational changes and conforming changes.