Criminal Justice (Sentencing)

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.

This bill revises North Carolina's burglary and breaking-and-entering laws to increase penalties when a firearm or deadly weapon is used. It raises the felony classification by one level for offenses like burglary (first/second degree), breaking out of a dwelling at night, or entering a building with intent to commit a felony or terrorize occupants, if a weapon was present during the crime. The law directly affects individuals convicted of these specific offenses when a firearm was involved, not the general public. It does not change sentencing for weapon-free offenses or address police pay, despite the title "Back the Blue Pay Act" suggesting otherwise. The changes take effect December 1, 2025.