Bill Summary – FastDemocracy

H.B. 495
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                              Mar 28, 2023
                                      SESSION 2023                                      HOUSE PRINCIPAL CLERK
     H                                                                                                 D
                                   HOUSE BILL DRH10231-ML-89A
     Short Title:   Aggregation of Multiple Financial Crimes.                                    (Public)
     Sponsors:      Representative Crutchfield.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO PROVIDE THAT MULTIPLE ACTS OF CERTAIN FINANCIAL CRIME
     OFFENSES MAY BE AGGREGATED IN CERTAIN CIRCUMSTANCES WHEN
     DETERMINING THE LEVEL OF PUNISHMENT TO BE IMPOSED AND TO PROVIDE
     THAT PROVING IT WAS THE REGULAR PRACTICE OF A BUSINESS ACTIVITY TO
     MAKE A MEMORANDUM, REPORT, OR DATA COMPILATION MAY BE MADE BY
     AN UNSWORN DECLARATION UNDER PENALTY OF PERJURY.
 The General Assembly of North Carolina enacts:
              SECTION 1. Article 81B of Chapter 15A of the General Statutes is amended by
 adding a new section to read:
 "§ 15A-1340.16F. Aggregation of multiple financial crime offenses.
     (a)      Definition. – For purposes of this section, the term "financial crime offense" means
 any of the following:
              (1)     Acts of embezzlement punishable under Article 18 of Chapter 14 of the
                      General Statutes.
              (2)     Acts of false pretenses punishable under G.S. 14-100.
              (3)     Acts of exploitation of an older adult punishable under G.S. 14-112.2.
     (b)      Aggregation. – If a person is convicted of two or more of the same financial crime
 offenses, the financial crime offenses may be aggregated for sentencing if it is found that both of
 the following conditions are met:
              (1)     The person committed the financial crime offenses against more than one
                      victim or in more than one county.
              (2)     The financial crime offenses are based on the same act or transaction or on a
                      series of acts or transactions connected together or constituting parts of a
                      common scheme or plan.
     (c)      Venue. – Each county where a part of the violations aggregated under subsection (b)
 of this section occurs shall have concurrent venue as described in G.S. 15A-132.
     (d)      Pleading. – The pleading for financial crime offenses aggregated under this section
 shall allege the facts set out in subsection (b) of this section and identify the financial crime
 offenses to which the aggregation shall apply. The pleading is sufficient if it alleges that the
 defendant committed the financial crime offenses against more than one victim or in more than
 one county and that the financial crime offenses are based on the same act or transaction or on a
 series of acts or transactions connected together or constituting parts of a common scheme or
 plan.
     (e)      Procedure. – The State shall prove the issues set out in subsections (b) and (f) of this
 section beyond a reasonable doubt during the same trial in which the defendant is tried for the
                                   *DRH10231-ML-89A*
     General Assembly Of North Carolina                                                      Session 2023
 financial crime offenses unless the defendant pleads guilty or no contest to the issues. If the
 defendant pleads guilty or no contest to the financial crime offenses but pleads not guilty to the
 issues set out in subsection (b) or subsection (f) of this section, then a jury shall be impaneled to
 determine the issues.
     (f)     Punishment. – If convictions for two or more of the same financial crime offenses are
 aggregated in accordance with this section, the court shall use the aggregated value of the money,
 goods, property, services, chose in action, or other thing of value when determining the level of
 punishment to be imposed. Notwithstanding any provision of law to the contrary, financial crime
 offenses aggregated under subsection (b) of this section are punishable as follows:
             (1)     If the aggregated value of the money, goods, property, services, chose in
                     action, or other thing of value exceeds one thousand five hundred dollars
                     ($1,500), then the aggregated offenses shall be punished as one Class H
                     felony.
             (2)     If the aggregated value of the money, goods, property, services, chose in
                     action, or other thing of value exceeds twenty thousand dollars ($20,000), then
                     the aggregated offense shall be punished as one Class G felony.
             (3)     If the aggregated value of the money, goods, property, services, chose in
                     action, or other thing of value exceeds fifty thousand dollars ($50,000), then
                     the aggregated offenses shall be punished as one Class F felony.
             (4)     If the aggregated value of the money, goods, property, services, chose in
                     action, or other thing of value exceeds one hundred thousand dollars
                     ($100,000), then the aggregated offense shall be punished as one Class C
                     felony."
             SECTION 2. G.S. 8C-1, Rule 803, reads as rewritten:
 "Rule 803. Hearsay exceptions; availability of declarant immaterial.
     The following are not excluded by the hearsay rule, even though the declarant is available as
 a witness:
             …
             (6)     Records of Regularly Conducted Activity. – A memorandum, report, record,
                     or data compilation, in any form, of acts, events, conditions, opinions, or
                     diagnoses, made at or near the time by, or from information transmitted by, a
                     person with knowledge, if (i) kept in the course of a regularly conducted
                     business activity and (ii) it was the regular practice of that business activity to
                     make the memorandum, report, record, or data compilation, all as shown by
                     the testimony of the custodian or other qualified witness, or by affidavit or by
                     document under seal under Rule 902 of the Rules of Evidence made by the
                     custodian or witness, or by a certification that complies with 28 U.S.C. § 1746
                     made by the custodian or witness, unless the source of information or the
                     method or circumstances of preparation indicate lack of trustworthiness.
                     Authentication of evidence by affidavit shall be confined to the records of
                     nonparties, and the proponent of that evidence shall give advance notice to all
                     other parties of intent to offer the evidence with authentication by affidavit.
                     The term "business" as used in this paragraph includes business, institution,
                     association, profession, occupation, and calling of every kind, whether or not
                     conducted for profit.
             …."
             SECTION 3. Section 1 of this act becomes effective December 1, 2023, and applies
 to offenses committed on or after that date. The remainder of this act becomes effective
 December 1, 2023.
     Page 2                                                                          DRH10231-ML-89A
Statutes affected: 
Filed: 8C-1
Edition 1: 8C-1
Edition 2: 75D-3, 14-86.5, 14-86.6, 14-72.1, 14-72.11
Ratified: 75D-3, 14-86.5, 14-86.6, 14-72.1, 14-72.11
SL 2024-22: 75D-3, 14-86.5, 14-86.6, 14-72.1, 14-72.11