North Carolina HB 961: Criminal Intent Sentence Enhancement.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 961

Short Title: Criminal Intent Sentence Enhancement. (Public)
Sponsors: Representatives Charles Smith, Davis, Balkcom, and Majeed (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
April 14, 2025
*H961-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ESTABLISH A SENTENCE ENHANCEMENT FOR FELONY OFFENSES 2
COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC AND TO MAKE A 3
CONFORMING CHANGE TO AN AGGRAVATING FACTOR FOR AN OFFENSE 4
COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC. 5
The General Assembly of North Carolina enacts: 6
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PART I. TITLE OF ACT 8
SECTION 1. This act shall be known as "The Hate Crimes Prevention Act." 9
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PART II. ESTABLISH SENTENCE ENHANCEMENT FOR FELONY OFFENSES 11
COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC 12
SECTION 2. Part 2 of Article 81B of Chapter 15A of the General Statutes is 13
amended by adding a new section to read: 14
"§ 15A-1340.16H. Enhanced sentence for offense committed because of victim's 15
characteristic. 16
(a) If a person is convicted of a felony and it is found that the offense was committed 17
against the victim because of the victim's race, ethnicity, color, religion, nationality, country of 18
origin, or gender, then the person shall be sentenced at a felony class level one class higher than 19
the principal felony for which the person was convicted. 20
(b) An indictment or information for the felony shall allege in that indictment or 21
information the facts that qualify the offense for an enhancement under this section. One pleading 22
is sufficient for all felonies that are tried at a single trial. 23
(c) The State shall prove the issue set out in subsection (a) of this section beyond a 24
reasonable doubt during the same trial in which the defendant is tried for the felony unless the 25
defendant pleads guilty or no contest to that issue. If the defendant pleads guilty or no contest to 26
the felony but pleads not guilty to the issue set out in subsection (a) of this section, then a jury 27
shall be impaneled to determine that issue." 28
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PART III. CONFORMING CHANGE TO AGGRAVATING FACTOR FOR AN 30
OFFENSE COMMITTED BECAUSE OF A VICTIM'S CHARACTERISTIC 31
SECTION 3. G.S. 15A-1340.16(d)(17) reads as rewritten: 32

General Assembly Of North Carolina Session 2025
Page 2 House Bill 961-First Edition
"(17) The offense for which the defendant stands convicted was committed against 1
a victim because of the victim's race, ethnicity, color, religion, nationality, or 2
country of origin.origin, or gender." 3
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PART IV. EFFECTIVE DATE 5
SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 6
committed on or after that date. 7