Signed by Governor Josh Stein

Vote Smart's Synopsis:

Vote to pass a bill that specifies the criteria for identifying and prosecuting alleged criminal gang activity in North Carolina.

Highlights:

• Increases the cost of taking a case to district or superior court by $30 (Sec. 1).

• Repeals the requirement that participants act to further any criminal purpose of a criminal gang from the definition of “criminal gang activity” (Sec. 2).

• Reduces the amount of the following criteria needed to be considered a “criminal gang leader” from at least two to at least one (Sec. 2):

• Exercises decision-making authority over matters regarding a criminal gang;

• Participates in the direction, planning, organizing, or commission of criminal gang activity;

• Recruits other gang members;

• Receives a larger portion of the proceeds of criminal gang activity; or

• Supervises or directs the actions of another criminal gang member or members during criminal gang activity.

• Reduces the amount of the following criteria needed to be considered a “criminal gang leader” from at least three to at least two if they meet criteria a, b, or c (Sec. 2):

a. Admits to being a member of a criminal gang;

b. Identified as a criminal gang member by a reliable

source, including a parent or a guardian;

c. In possession of or linked to a criminal gang by physical

evidence, including ledgers, rosters, or membership documents;

d. Previously involved in criminal gang activity;

e. Adopted symbols, hand signs, or graffiti associated with a criminal gang;

f. Adopted the display of colors or the style of dress associated with a criminal gang;

g. Has tattoos or markings associated with a criminal gang;

h. Adopted language or terminology associated with a criminal gang; or

i. Appears in any form of photographs, social media, or written or electronic communication to promote a criminal gang or document criminal gang activity.

• Classifies encouraging someone 18 years or older to participate in criminal gang activity as a Class F felony, as opposed to the Class H felony it was prior (Sec. 3).

• Classifies encouraging someone under 18 years old to participate in criminal gang activity as a Class D felony, as opposed to the Class F felony it was prior (Sec. 3).

• Prohibits the use or carry of a firearm by any criminal gang member in relation to or in furtherance of any serious felony, drug crime, or crime of violence (Sec. 4).

• Classifies this as a Class G felony unless the firearm is brandished, making it Class F, or discharged, making it Class D (Sec. 4).

• Prohibits the transfer of a firearm from a criminal gang member to a juvenile criminal gang member and classifies this as a Class G felony (Sec. 4).

• Authorizes fact witnesses and expert witnesses to prove criminal gang activity, membership, association, leadership, and existence by showing (Sec. 4):

• Characteristics of persons who are members of a criminal gang;

• Specific rivalries between criminal gangs;

• Common practices and operations of criminal gangs and members of those

criminal gangs;

• Social customs and behavior of members of criminal gangs;

• Terminology used by members of criminal gangs;

• Codes of conduct, including criminal conduct, of particular criminal gangs; or

• The types of crimes that are likely to be committed by a particular criminal

gang or by criminal gangs in general.

• Requires any evidence of criminal gang activity to be disclosed to a defendant at least 10 days before their trial (Sec. 5).

• Requires those found guilty of a felony below class B2 to be sentenced at a felony level two classes higher than the principal felony for which they were convicted in the following cases (Sec. 6).

• Two classes higher than the principal felony for which they were convicted if it was committed as a part of criminal gang activity; and

• Three classes higher than the principal felony for which they were convicted if it was committed as a criminal gang leader or organizer.

• Specifies that this act is effective December 1, 2026 (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that specifies the criteria for identifying and prosecuting alleged criminal gang activity in North Carolina.

Highlights:

• Increases the cost of taking a case to district or superior court by $30 (Sec. 1).

• Repeals the requirement that participants act to further any criminal purpose of a criminal gang from the definition of “criminal gang activity” (Sec. 2).

• Reduces the amount of the following criteria needed to be considered a “criminal gang leader” from at least two to at least one (Sec. 2):

• Exercises decision-making authority over matters regarding a criminal gang;

• Participates in the direction, planning, organizing, or commission of criminal gang activity;

• Recruits other gang members;

• Receives a larger portion of the proceeds of criminal gang activity; or

• Supervises or directs the actions of another criminal gang member or members during criminal gang activity.

• Reduces the amount of the following criteria needed to be considered a “criminal gang leader” from at least three to at least two if they meet criteria a, b, or c (Sec. 2):

a. Admits to being a member of a criminal gang;

b. Identified as a criminal gang member by a reliable

source, including a parent or a guardian;

c. In possession of or linked to a criminal gang by physical

evidence, including ledgers, rosters, or membership documents;

d. Previously involved in criminal gang activity;

e. Adopted symbols, hand signs, or graffiti associated with a criminal gang;

f. Adopted the display of colors or the style of dress associated with a criminal gang;

g. Has tattoos or markings associated with a criminal gang;

h. Adopted language or terminology associated with a criminal gang; or

i. Appears in any form of photographs, social media, or written or electronic communication to promote a criminal gang or document criminal gang activity.

• Classifies encouraging someone 18 years or older to participate in criminal gang activity as a Class F felony, as opposed to the Class H felony it was prior (Sec. 3).

• Classifies encouraging someone under 18 years old to participate in criminal gang activity as a Class D felony, as opposed to the Class F felony it was prior (Sec. 3).

• Prohibits the use or carry of a firearm by any criminal gang member in relation to or in furtherance of any serious felony, drug crime, or crime of violence (Sec. 4).

• Classifies this as a Class G felony unless the firearm is brandished, making it Class F, or discharged, making it Class D (Sec. 4).

• Prohibits the transfer of a firearm from a criminal gang member to a juvenile criminal gang member and classifies this as a Class G felony (Sec. 4).

• Authorizes fact witnesses and expert witnesses to prove criminal gang activity, membership, association, leadership, and existence by showing (Sec. 4):

• Characteristics of persons who are members of a criminal gang;

• Specific rivalries between criminal gangs;

• Common practices and operations of criminal gangs and members of those

criminal gangs;

• Social customs and behavior of members of criminal gangs;

• Terminology used by members of criminal gangs;

• Codes of conduct, including criminal conduct, of particular criminal gangs; or

• The types of crimes that are likely to be committed by a particular criminal

gang or by criminal gangs in general.

• Requires any evidence of criminal gang activity to be disclosed to a defendant at least 10 days before their trial (Sec. 5).

• Requires those found guilty of a felony below class B2 to be sentenced at a felony level two classes higher than the principal felony for which they were convicted in the following cases (Sec. 6).

• Two classes higher than the principal felony for which they were convicted if it was committed as a part of criminal gang activity; and

• Three classes higher than the principal felony for which they were convicted if it was committed as a criminal gang leader or organizer.

• Specifies that this act is effective December 1, 2026 (Sec. 7).

Full Bill Text