GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 261
Short Title: Sent. Enhancement/Immigration-Related Crimes. (Public)
Sponsors: Representatives N. Jackson, Balkcom, Biggs, and Ward (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
March 4, 2025
*H261 -v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CREATE A SENTENCE ENHANCEMENT FOR A PERSON CONVICTED OF 2
A FELONY OTHER THAN A CLASS A FELONY WHILE BEING UNLAWFULLY IN 3
THE UNITED STATES AN D TO CREATE A SENTEN CE ENHANCEMENT FOR A 4
PERSON CONVICTED OF A MISDEMEANOR OR FEL ONY COMMITTED WHILE 5
CONSPIRING WITH ONE OR MORE PERSONS FOR THE PURPOSE OF 6
BENEFITTING, PROMOTING, OR FURTHERING CRIMINAL ACTIVITY. 7
The General Assembly of North Carolina enacts: 8
SECTION 1. Part 2 of Article 81B of Chapter 15A of the General Statutes is 9
amended by adding two new sections to read: 10
"§ 15A-1340.16H. Enhanced sentence for felony committed by person unlawfully in the 11
United States. 12
(a) Sentence Enhancement with No Prior Federal Conviction. – If a person is convicted 13
of a felony other than a Class A felony and it is found as provided in this section that the person 14
had been previously denied admission to, or excluded, deported, or removed from, the United 15
States, then the person is guilty of a felony that is one class higher than the underlying felony for 16
which the person was convicted. 17
(b) Sentence Enhancement with Prior Federal Conviction. – If a person is convicted of a 18
felony other than a Class A felony and it is found as provided in this section that the person had 19
been previously convicted of a crime relating to the reentry of removed aliens under 8 U.S.C. § 20
1326, then the person is guilty of a felony that is two classes higher than the underlying felony 21
for which the person was convicted. 22
(c) Indictment or Information. – An indictment or information for the felony shall allege 23
in that indictment or information or in a separate indictment or information the applicable facts 24
set out in subsection (a) or (b) of this section. The pleading for an offense subject to enhancement 25
under subsection (a) of this section is sufficient if it alleges that the defendant committed the 26
felony while having been previously denied admission to, or excluded, deported, or removed 27
from, the United States. The pleading for an offense subject to enhancement under subsection (b) 28
of this section is sufficient if it alleges that the defendant committed the felony while having a 29
prior conviction of a crime relating to the reentry of removed aliens under 8 U.S.C. § 1326. One 30
pleading is sufficient for all felonies that are tried at a single trial. 31
(d) Burden of Proof. – The State shall prove the issue set out in subsection (a) or (b) of 32
this section beyond a reasonable doubt during the same trial in which the defendant is tried for 33
the felony unless the defendant pleads guilty or no contest to that issue. If the defendant pleads 34 General Assembly Of North Carolina Session 2025
Page 2 House Bill 261-First Edition
guilty or no contest to the felony but pleads not guilty to the issue set out in subsection (a) or (b) 1
of this section, then a jury shall be impaneled to determine that issue. 2
"§ 15A-1340.16I. Enhanced sentence for felony committed for the purpose of benefitting, 3
promoting, or furthering criminal activity. 4
(a) Definition. – For purposes of this section, the term "criminal activity" is as defined in 5
G.S. 14-118.8. 6
(b) Sentence Enhancement. – If a person is convicted of a felony other than a Class A 7
felony and it is found as provided in this section that the felony was committed by a person 8
conspiring with one or more persons for the purpose of benefitting, promoting, or furthering 9
criminal activity, then the person is guilty of a felony that is one class higher than the underlying 10
felony for which the person was convicted. 11
(c) Indictment or Information. – An indictment or information for the felony shall allege 12
in that indictment or information or in a separate indictment or information the facts set out in 13
subsection (b) of this section. The pleading is sufficient if it alleges that the defendant committed 14
the felony while conspiring with one or more persons for the purpose of benefitting, promoting, 15
or furthering the interests of criminal activity. One pleading is sufficient for all felonies that are 16
tried at a single trial. 17
(d) Burden of Proof. – The State shall prove the issue set out in subsection (b) of this 18
section beyond a reasonable doubt during the same trial in which the defendant is tried for the 19
felony unless the defendant pleads guilty or no contest to that issue. If the defendant pleads guilty 20
or no contest to the felony but pleads not guilty to the issue set out in subsection (b) of this 21
section, then a jury shall be impaneled to determine that issue." 22
SECTION 2. Part 3 of Article 81B of Chapter 15A of the General Statutes is 23
amended by adding a new section to read: 24
"§ 15A-1340.24. Enhanced sentence for misdemeanor committed for the purpose of 25
benefitting, promoting, or furthering criminal activity. 26
(a) Definition. – For purposes of this section, the term "criminal activity" is as defined in 27
G.S. 14-118.8. 28
(b) Sentence Enhancement. – If a person is convicted of a misdemeanor other than a Class 29
A1 misdemeanor and it is found as provided in this section that the misdemeanor was committed 30
by a person conspiring with one or more persons for the purpose of benefitting, promoting, or 31
furthering criminal activity, then the person is guilty of a misdemeanor that is one class higher 32
than the underlying misdemeanor for which the person was convicted. If a person is convicted of 33
a Class A1 misdemeanor and it is found as provided in this section that the misdemeanor was 34
committed by a person conspiring with one or more persons for the purpose of benefitting, 35
promoting, or furthering criminal activity, then the person is guilty of a Class I felony. 36
(c) Pleading. – The pleading charging the person for the misdemeanor shall allege in that 37
pleading or in a separate pleading the facts set out in subsection (b) of this section. The pleading 38
is sufficient if it alleges that the defendant committed the misdemeanor while conspiring with 39
one or more persons for the purpose of benefitting, promoting, or furthering the interests of 40
criminal activity. One pleading is sufficient for all felonies that are tried at a single trial. 41
(d) Burden of Proof. – The State shall prove the issue set out in subsection (b) of this 42
section beyond a reasonable doubt during the same trial in which the defendant is tried for the 43
misdemeanor unless the defendant pleads guilty or no contest to that issue. If the defendant pleads 44
guilty or no contest to the misdemeanor but pleads not guilty to the issue set out in subsection (b) 45
of this section, then a jury shall be impaneled to determine that issue." 46
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 47
committed on or after that date. 48