North Carolina 2025 Session Status: Passed House 11 R cosponsors

HB 261 — Sentence Enhancement/Immigration-Related Crimes.

Last action — Regular Message Sent To Senate

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced March 03, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 58% · moderate confidence

  • Passed House

    Current position in the legislative process.

  • 11 sponsors

    3 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (11 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

75 added · 67 removed

Plain-language change summary

The revised version of Bill HB 261 introduces a new provision for sentence enhancement based on whether an individual has been previously denied admission to, or removed from, the United States. Previously, enhancements were determined only by prior federal convictions related to reentry under 8 U.S.C. § 1326. This change matters because it expands the criteria for harsher sentencing and could lead to longer prison terms for individuals who may not have been convicted of a federal crime but have immigration violations in their past.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 2 HOUSE BILL 261 Committee Substitute Favorable 4/29/25 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 261 Short Title:
Representatives N.
Jackson, Balkcom, Biggs, and Ward (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 4, 2025 A BILL TO BE ENTITLED 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.
Judiciary 2, if favorable, Rules, Calendar, and Operations of the House March 4, 2025 A BILL TO BE ENTITLED 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.
(a) Sentence Enhancement with Prior Federal Conviction.
(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.
§ 1326, then the person is guilty of a felony that is one class higher than the underlying felony for which the person was convicted.
§ 1326, then the person is guilty of a felony that is two classes higher than the underlying felony for which the person was convicted.
(b) Indictment or Information.
(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) of this section.
– 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 whilehavingapriorconvictionofacrimerelatingtothereentryofremoved aliensunder8U.S.C.
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.
(c) Burden of Proof.
(d) Burden of Proof.
– The State shall prove the issue set out in subsection (a) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the felony unless the defendant pleads guiltyor no contest to that issue.
– 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 ornocontesttothefelonybutpleadsnot guiltyto theissueset outinsubsection(a) ofthissection, then a jury shall be impaneled to determine that issue.
If the defendant pleads *H261-v-1* General Assembly Of North Carolina Session 2025 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.
– 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 *H261-v-2* General Assembly Of North Carolina Session 2025 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.
– 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.
Page 2 House Bill 261-Second Edition
Page 2 House Bill 261-First Edition
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Action History

  1. Regular Message Sent To Senate

  2. Regular Message Received From House

  3. Passed 1st Reading

  4. Ref To Com On Rules and Operations of the Senate

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Reptd Fav Com Substitute

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

  9. Reptd Fav

  10. Cal Pursuant Rule 36(b)

  11. Placed On Cal For 04/30/2025

  12. Passed 1st Reading

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

  14. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 8 co-sponsors · 168 not signed on · 28 voted No

Sponsors (3)

Co-sponsors (8)

Not signed on (168)

168 members have not signed on to this bill.

Show all 168 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 84 Yea · 29 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 132605
Unaffiliated 5100
Republican 66002
U 0200
Total 842907
% of votes cast 70%24%0%6%
How each member voted (120)
Member Party Vote
CharlesSmith — Yea
Campbell — Yea
Reeder — Yea
vonHaefen — Nay
C. Smith — Yea
F. Jackson — Yea
Abe Jones Democratic Yea
Aisha O. Dew Democratic Nay
Allen Buansi Democratic Nay
Allison A. Dahle Democratic Nay
Amber M. Baker Democratic Nay
Amos L. Quick, III Democratic Not Voting
B. Ray Jeffers Democratic Yea
Becky Carney Democratic Nay
Beth Helfrich Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Nay
Bryan Cohn Democratic Yea
Carolyn G. Logan Democratic Nay
Cecil Brockman Democratic Nay
Cynthia Ball Democratic Nay
Dante Pittman Democratic Yea
Deb Butler Democratic Not Voting
Eric Ager Democratic Yea
Garland E. Pierce Democratic Not Voting
Gloristine Brown Democratic Nay
James Roberson Democratic Yea
Jordan Lopez Democratic Nay
Julia Greenfield Democratic Nay
Kanika Brown Democratic Not Voting
Laura Budd Democratic Nay
Lindsey Prather Democratic Yea
Marcia Morey Democratic Nay
Maria Cervania Democratic Nay
Mary Belk Democratic Nay
Mike Colvin Democratic Nay
Monika Johnson-Hostler Democratic Nay
Phil Rubin Democratic Nay
Pricey Harrison Democratic Not Voting
Renée A. Price Democratic Nay
Robert T. Reives, II Democratic Yea
Rodney D. Pierce Democratic Yea
Sarah Crawford Democratic Nay
Shelly Willingham Democratic Yea
Terry M. Brown Jr. Democratic Nay
Tim Longest Democratic Yea
Tracy Clark Democratic Nay
Vernetta Alston Democratic Nay
Ya Liu Democratic Nay
Zack Hawkins Democratic Nay
A. Reece Pyrtle, Jr. Republican Yea
Allen Chesser Republican Yea
Ben T. Moss, Jr. Republican Yea
Bill Ward Republican Yea
Blair Eddins Republican Yea
Brenden H. Jones Republican Yea
Brian Biggs Republican Yea
Brian Echevarria Republican Yea
Celeste C. Cairns Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
Cody Huneycutt Republican Yea
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donnie Loftis Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Yea
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Heather H. Rhyne Republican Yea
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jarrod Lowery Republican Yea
Jay Adams Republican Yea
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Yea
Jennifer Balkcom Republican Yea
Jerry "Alan" Branson Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Jonathan L. Almond Republican Yea
Joseph Pike Republican Yea
Julia C. Howard Republican Yea
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Yea
Matthew Winslow Republican Yea
Mike Clampitt Republican Yea
Mike Schietzelt Republican Yea
Mitchell S. Setzer Republican Yea
Neal Jackson Republican Yea
Paul Scott Republican Yea
Phil Shepard Republican Yea
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Not Voting
Steve Tyson Republican Yea
Ted Davis, Jr. Republican Yea
Todd Carver Republican Yea
Todd Johnson Republican Yea
Tricia Ann Cotham Republican Yea
William D. Brisson Republican Yea
Wyatt Gable Republican Not Voting
Carla D. Cunningham U Nay
Nasif Majeed U Nay

Official roll call →

Subjects

public-safety immigration
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 261?
HB 261 is sponsored by Paul Scott (Republican), Joseph Pike (Republican), Jeffrey C. McNeely (Republican), Blair Eddins (Republican), Celeste C. Cairns (Republican), Jonathan L. Almond (Republican), Bill Ward (Republican), Brian Biggs (Republican), Jennifer Balkcom (Republican), Neal Jackson (Republican), and Jake Johnson (Republican).
What is the current status of HB 261?
This bill has passed the House. Introduced March 03, 2025. It now moves to the second chamber.
Where can I track HB 261?
Track HB 261 free on One Click Politics — get push/email alerts when it moves.

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