North Carolina HB 1173: Jaleeyah's Law.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2026-37
HOUSE BILL 1173

*H1173-v-7*
AN ACT TO MAKE CERTAIN MODIFICATIONS RELATED TO THE CRIMINAL LAWS
OF NORTH CAROLINA.

The General Assembly of North Carolina enacts:

SECTION 1.(a) G.S. 7A-304(a) reads as rewritten:
"(a) In every criminal case in the superior or district court, wherein the defendant is
convicted, or enters a plea of guilty or nolo contendere, or when costs are assessed against the
prosecuting witness, the following costs shall be assessed and collected. No costs may be
assessed when a case is dismissed. Only upon entry of a written order, supported by findings of
fact and conclusions of law, determining that there is just cause, the court may (i) waive costs
assessed under this section or (ii) waive or reduce costs assessed under subdivision (7), (8), (8a),
(11), (12), or (13) of this section. No court may waive or remit all or part of any court fines or
costs without providing notice and opportunity to be heard by all government entities directly
affected. The court shall provide notice to the government entities directly affected of (i) the date
and time of the hearing and (ii) the right to be heard and make an objection to the remission or
waiver of all or part of the order of court costs at least 15 days prior to hearing. Notice shall be
made to the government entities affected by first-class mail to the address provided for receipt of
court costs paid pursuant to the order. The costs referenced in this subsection are listed below:
...
(4) For support of the General Court of Justice, the sum of one hundred
forty-seven seventy-seven dollars and fifty cents ($147.50) ($177.50) in the
district court, including cases before a magistrate, and the sum of one hundred
fifty-four eighty-four dollars and fifty cents ($154.50) ($184.50) in the
superior court, to be remitted to the State Treasurer. For a person convicted of
a felony in superior court who has made a first appearance in district court,
both the district court and superior court fees shall be assessed. The State
Treasurer shall remit the sum of ninety-five cents ($.95) of each fee collected
under this subdivision to the North Carolina State Bar for the provision of
services described in G.S. 7A-474.19.
...."
SECTION 1.(b) This section becomes effective December 1, 2026, and applies to
costs assessed on or after that date.
SECTION 2.(a) G.S. 14-50.16A reads as rewritten:
"§ 14-50.16A. Criminal gang activity.
Definitions. – The following definitions apply in this Article:
(1) Criminal gang. – Any ongoing organization, association, or group of three or
more persons, whether formal or informal, that (i) has as one of its primary
activities the commission of criminal or delinquent acts and (ii) shares a
common name, identification, signs, symbols, tattoos, graffiti, attire, or other
distinguishing characteristics, including common activities, customs, or
behaviors. The term shall not include three or more persons associated in fact,

Page 2 Session Law 2026-37 House Bill 1173
whether formal or informal, who are not engaged in criminal gang
activity.behaviors, and engages in criminal gang activity.
(2) Criminal gang activity. – The commission of, attempted commission of, or
solicitation, coercion, or intimidation of another person to commit (i) any
offense under Article 5 of Chapter 90 of the General Statutes or (ii) any
offense under Chapter 14 of the General Statutes except Article 9, 22A, 40,
46, or 59 thereof, and further excepting G.S. 14-82, 14-145, 14-183, 14-184,
14-186, 14-190.9, 14-247, 14-248, or 14-313 thereof, and either of the
following conditions is met:
a. The offense is committed with the 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.
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.collectively.
(3) Criminal gang leader or organizer. – Any criminal gang member who acts in
any position of management with regard to the criminal gang and who meets
two or more at least one of the following criteria:
a. Exercises decision-making authority over matters regarding a criminal
gang.
b. Participates in the direction, planning, organizing, or commission of
criminal gang activity.
c. Recruits other gang members.
d. Receives a larger portion of the proceeds of criminal gang activity.
e. Exercises control and authority over other criminal gang
members.Supervises or directs the actions of another criminal gang
member or members during criminal gang activity.
(4) Criminal gang member. – Any person who (i) meets three or more of the
following criteria:criteria or (ii) meets at least two of the following criteria,
and one of the criteria is sub-subdivision a., b., or c. of this subdivision:
a. The person admits to being a member of a criminal gang.
b