AN ACT to create a sentence enhancement for a person convicted of a felony other than a class a felony while being unlawfully in the united states and to create a sentence enhancement for a person convicted of a misdemeanor or felony committed while conspiring with one or more persons for the purpose of benefitting, promoting, or furthering criminal activity.

The General Assembly of North Carolina enacts:

SECTION 1.  Part 2 of Article 81B of Chapter 15A of the General Statutes is amended by adding two new sections to read:

§ 15A‑1340.16H.  Enhanced sentence for felony committed by person unlawfully in the United States.

(a)        Sentence Enhancement with No Prior Federal Conviction. – If a person is convicted of a felony other than a Class A felony and it is found as provided in this section that the person had been previously denied admission to, or excluded, deported, or removed from, the United States, then the person is guilty of a felony that is one class higher than the underlying felony for which the person was convicted.

(b)        Sentence Enhancement with Prior Federal Conviction. – If a person is convicted of a felony other than a Class A felony and it is found as provided in this section that the person had been previously convicted of a crime relating to the reentry of removed aliens under 8 U.S.C. § 1326, then the person is guilty of a felony that is two classes higher than the underlying felony for which the person was convicted.

(c)        Indictment or Information. – An indictment or information for the felony shall allege in that indictment or information or in a separate indictment or information the applicable facts set out in subsection (a) or (b) of this section. The pleading for an offense subject to enhancement under subsection (a) of this section is sufficient if it alleges that the defendant committed the felony while having been previously denied admission to, or excluded, deported, or removed from, the United States. The pleading for an offense subject to enhancement under subsection (b) of this section is sufficient if it alleges that the defendant committed the felony while having a prior conviction of a crime relating to the reentry of removed aliens under 8 U.S.C. § 1326. One pleading is sufficient for all felonies that are tried at a single trial.

(d)       Burden of Proof. – The State shall prove the issue set out in subsection (a) or (b) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the felony unless the defendant pleads guilty or no contest to that issue. If the defendant pleads guilty or no contest to the felony but pleads not guilty to the issue set out in subsection (a) or (b) of this section, then a jury shall be impaneled to determine that issue.

§ 15A‑1340.16I.  Enhanced sentence for felony committed for the purpose of benefitting, promoting, or furthering criminal activity.

(a)        Definition. – For purposes of this section, the term criminal activity is as defined in G.S. 14‑118.8.

(b)        Sentence Enhancement. – If a person is convicted of a felony other than a Class A felony and it is found as provided in this section that the felony was committed by a person conspiring with one or more persons for the purpose of benefitting, promoting, or furthering criminal activity, then the person is guilty of a felony that is one class higher than the underlying felony for which the person was convicted.

(c)        Indictment or Information. – An indictment or information for the felony shall allege in that indictment or information or in a separate indictment or information the facts set out in subsection (b) of this section. The pleading is sufficient if it alleges that the defendant committed the felony while conspiring with one or more persons for the purpose of benefitting, promoting, or furthering the interests of criminal activity. One pleading is sufficient for all felonies that are tried at a single trial.

(d)       Burden of Proof. – The State shall prove the issue set out in subsection (b) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the felony unless the defendant pleads guilty or no contest to that issue. If the defendant pleads guilty or no contest to the felony but pleads not guilty to the issue set out in subsection (b) of this section, then a jury shall be impaneled to determine that issue.

SECTION 2.  Part 3 of Article 81B of Chapter 15A of the General Statutes is amended by adding a new section to read:

§ 15A‑1340.24.  Enhanced sentence for misdemeanor committed for the purpose of benefitting, promoting, or furthering criminal activity.

(a)        Definition. – For purposes of this section, the term criminal activity is as defined in G.S. 14‑118.8.

(b)        Sentence Enhancement. – If a person is convicted of a misdemeanor other than a Class A1 misdemeanor and it is found as provided in this section that the misdemeanor was committed by a person conspiring with one or more persons for the purpose of benefitting, promoting, or furthering criminal activity, then the person is guilty of a misdemeanor that is one class higher than the underlying misdemeanor for which the person was convicted. If a person is convicted of a Class A1 misdemeanor and it is found as provided in this section that the misdemeanor was committed by a person conspiring with one or more persons for the purpose of benefitting, promoting, or furthering criminal activity, then the person is guilty of a Class I felony.

(c)        Pleading. – The pleading charging the person for the misdemeanor shall allege in that pleading or in a separate pleading the facts set out in subsection (b) of this section. The pleading is sufficient if it alleges that the defendant committed the misdemeanor while conspiring with one or more persons for the purpose of benefitting, promoting, or furthering the interests of criminal activity. One pleading is sufficient for all felonies that are tried at a single trial.

(d)       Burden of Proof. – The State shall prove the issue set out in subsection (b) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the misdemeanor unless the defendant pleads guilty or no contest to that issue. If the defendant pleads guilty or no contest to the misdemeanor but pleads not guilty to the issue set out in subsection (b) of this section, then a jury shall be impaneled to determine that issue.

SECTION 3.  This act becomes effective December 1, 2025, and applies to offenses committed on or after that date.