HB 261 North Carolina House · 2025-2026 Session

Sentence Enhancement/Immigration-Related Crimes.

HB 261 establishes new sentence enhancements for individuals convicted of certain crimes. It increases the severity of a felony sentence (excluding Class A) if the person was unlawfully in the United States and had prior immigration issues, raising the felony by one or two classes. The bill also enhances sentences for felonies (excluding Class A) and misdemeanors committed while conspiring with others to benefit or promote criminal activity. For these offenses, the sentence is increased by one class, or a Class A1 misdemeanor becomes a Class I felony. These enhancements apply if the specific conditions are proven beyond a reasonable doubt during trial.

Bill status passed 3 of 5 stages cleared

Introduction

Mar 2025

Committee Review

May 2025

House Passage

Apr 2025

Senate Passage

Governor

Introduced Mar 3, 2025 Last action May 1, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

Edition 1 → Edition 2 · 5 edits

MODERATE

This bill revision reorganizes and clarifies sentence enhancement provisions for individuals convicted of felonies while unlawfully in the United States and for those who commit crimes to benefit criminal activity. The changes consolidate related provisions, rename subsections for clarity, and add specific language about jury trials when defendants contest enhancement issues. The bill also maintains provisions for misdemeanor enhancements related to criminal activity conspiracies.

Scope change

The scope of the bill remains focused on sentence enhancements for immigration-related crimes and criminal activity conspiracies, but the structure has been reorganized to improve clarity and consistency between felony and misdemeanor provisions.

REQUIREMENT

Renamed subsection (a) from 'Sentence Enhancement with No Prior Federal Conviction' to 'Sentence Enhancement with Prior Federal Conviction' to better reflect the actual content, which requires a prior conviction under 8 U.S.C. § 1326 for the enhancement.

Removed the separate subsection (b) that previously covered prior federal convictions, as this content was consolidated into the renamed subsection (a).

Added new language specifying that if a defendant pleads guilty to the felony but not guilty to the enhancement issue, a jury must be impaneled to determine that specific issue.

TECHNICAL

Reorganized the bill structure by removing duplicate text and consolidating sections to eliminate redundancy between the original and committee substitute versions.

TIMELINE

Added explicit effective date language stating the act becomes effective December 1, 2025, and applies to offenses committed on or after that date.

Floor votes · House Apr 30, 2025

How they voted

85–29

Passed · 7 other

Total votes 121

Apr 30, 2025

D Democratic46

14 Yea 27 Nay 5

58% Nay

I Independent2

2 Nay

100% Nay

R Republican73

71 Yea 2

97% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

May 1, 2025

Committee

Ref To Com On Rules and Operations of the Senate

upper

Apr 30, 2025

Lower · Passed

Passed 3rd Reading

lower

Apr 29, 2025

Lower · Passed

Reptd Fav

lower

Apr 29, 2025

Committee

Re-ref Com On Rules, Calendar, and Operations of the House

lower

Apr 29, 2025

Lower · Passed

Reptd Fav Com Substitute

lower

Mar 4, 2025

Committee

Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

lower

Mar 3, 2025

Introduced

Filed

lower

3 primary · 8 co-sponsors