House committee substitute to the 2nd edition replaces the prior edition in its entirety with the following. Makes conforming changes to act’s long and short titles.
Contains whereas clauses.
Amends GS 15A-101 to define politically motivated act of violence as any act that constitutes a criminal offense under North Carolina law in which the offender intentionally targets, harms, threatens, or attempts to harm another person, in whole or in part, because of the victim's real or perceived political beliefs, viewpoints, affiliations, party membership, advocacy, candidacy for public office, voting history, participation in lawful political demonstrations, or public expression on political issues. Adds politically motivated acts of violence as an aggravating factor in felony sentencing in GS 15A-1340.16.
Enacts GS 15A-1340.16H, outlining politically motivated violence sentence enhancement, directing that if a person is convicted of a felony offense, and the court or trier of fact finds that the offense was a politically motivated act of violence, then all of the following apply: (1) person must be sentenced at a felony class level one class higher than the principal felony for which the person was convicted and (2) the offender is ineligible for parole, early release or other form of sentencing reduction. Provides for establishing the existence of politically motivated violence to the factfinder, for pleading the allegations constituting politically motivated violence, burdens of proof, and separate pleas for underlying felony and sentence enhancement by the defendant. Provides for a jury trial on the issue of politically motivated violence.
Expands capital sentencing aggravators under GS 15A-2000 to include when the capital felony was committed against a victim because of the victim's political beliefs, public political activity, candidacy for office, or affiliation with a political movement, and the act was committed to silence, intimidate, or retaliate against political expression. Requires notice of the aggravator to be included in the intent to seek the death penalty under GS 15A-2004. Allows the aggravator to be considered during capital sentencing even if the defendant pleads guilty.
Enacts GS 114-11.7 requiring a district attorney to notify the Attorney General (AG) in any case involving a politically motived act of violence. Authorizes the AG to assign a special prosecutor to the case upon the request of the district attorney. Permits the victim or next of kin to present an impact statement during any phase of a criminal proceeding based on a politically motivated act of violence.
Contains a severability clause.
Applies to offenses committed on or after December 1, 2025.

Statutes affected:
Edition 3: 15A-101, 15A-1340.16, 15A-2000, 15A-2004