CRIMINAL INTENT SENTENCE ENHANCEMENT.

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View NCGA Bill Details(link is external)2025-2026 Session
House Bill 961 (Public) Filed Thursday, April 10, 2025
AN ACT TO ESTABLISH A SENTENCE ENHANCEMENT FOR FELONY OFFENSES COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC AND TO MAKE A CONFORMING CHANGE TO AN AGGRAVATING FACTOR FOR AN OFFENSE COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC.
Intro. by Charles Smith, Davis, Balkcom, Majeed.
Status: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 14 2025)

Bill History:

H 961

Bill Summaries:

  • Bill H 961 (2025-2026)
    Summary date: Apr 10 2025 - View Summary

    Cites the act as the "Hate Crimes Prevention Act."

    Enacts GS 15A-1340.16H establishing a sentence enhancement for felonies committed against the victim because of the victim's race, ethnicity, color, religion, nationality, country of origin, or gender. Provides for sentencing at a felony class level one class higher than the principal felony. Requires factual allegations qualifying the offense for the enhancement in the indictment or information for the felony. Establishes the standard of proof to be beyond a reasonable doubt and requires the issue be proved at the same trial as the felony, unless the defendant pleads guilty or no contest to the enhancement issue or, if the defendant pleads guilty or no contest to the felony but not guilty to the enhancement issue, then a jury must be impaneled to determine the issue.

    Amends GS 15A-1340.16, expanding aggravating factors for sentencing to include when the offense was committed against the victim because of the victim's ethnicity or gender (was limited to race, color, religion, nationality, or country of origin).

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

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation)
    GS 15A
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