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HB 1173

Jaleeyah's Law.

2025-2026 Session Introduced by John Bell and 13 co-sponsors

Strengthens NC criminal law by expanding gang definitions, increasing penalties (including firearm offenses), and boosting enforcement with dedicated prosecutors and resources.

Ch. SL 2026-37
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WeVote Research Nonpartisan
Bill Summary · HB 1173

Bill Summary: HB 1173 – Jaleeyah's Law (North Carolina, 2025 Session)

Note: This summary covers the main purpose, key provisions, affected parties, and notable procedural/timeline aspects based on the text provided.

1) Purpose and Intent

  • The bill, titled “Jaleeyah's Law,” aims to strengthen North Carolina’s criminal laws related to criminal gangs.
  • It introduces new prohibitions, definitions, procedural rules, and penalties designed to disrupt gang activity, especially offenses coordinated by or involving gang members.
  • The measure also appropriates funds to support enhanced enforcement against gang activity.

2) Key Provisions and Changes

A. Funding for Gang-Related Prosecution Resources

  • Section 1(a): Appropriates $397,014 in recurring funds starting in FY 2026-2027 and $7,504 in nonrecurring funds to hire two additional resource prosecutors dedicated to criminal gang activity prosecutions (with potential other duties as assigned).
  • Section 1(b): Appropriates $136,298 in recurring funds starting in FY 2026-2027 and $4,198 in nonrecurring funds to hire a district attorney investigator for gang activity prosecutions.
  • Effective date for these allocations: July 1, 2026 (Section 1(c)).

B. Expanded Definitions and Scope of Criminal Gang Activity

  • Section 2(a) Amends G.S. 14-50.16A to redefine:
    • Criminal gang, criminal gang activity, gang leader/organizer, and gang member with specific criteria.
    • Definitions emphasize ongoing organizations with at least three members, identified symbols/signs, and involvement in criminal acts intended to benefit or further gang aims.
    • Clear criteria for who qualifies as a gang leader/organizer and which individuals qualify as gang members (based on leadership, recruitment, affiliation, tattoos, symbols, social media, etc.).
  • Section 2(b) Effective December 1, 2026; applies to offenses after that date.

C. Criminalization of Solicitation/Encouragement Related to Gang Activity

  • Section 3(a): Expands prohibition on causing/encouraging participation in criminal gang activity for persons 16 or older, including online communications.
    • Violation: Class H felony; increased seriousness if related to certain online activity.
  • Section 3(b): Similar prohibition for minors (under 16) with penalties increased to Class F felony.
  • Section 3(c): Effective December 1, 2026; applies to offenses after that date.

D. Firearm-Related Restrictions for Gang Members

  • Section 4(a)–(f): Adds a new chapter (Article 13A) with multiple firearm-related provisions targeting gang members:
    • § 14-50.31: Possession of firearms by a known gang member is a Class H felony (with definition of firearm including certain weapons; antique firearms exempt).
    • § 14-50.32: Use, carry, or possess a firearm during a crime of violence or drug crime by a gang member is a Class G felony; enhanced to Class F (brandished) or Class D (discharged) under certain circumstances.
    • § 14-50.33: Prohibits selling/giving/transferring a firearm to a gang member or to a juvenile by a gang member; violation is a Class G felony.
    • § 14-50.34: Allows use of expert testimony and specific evidence rules to prove gang activity (introduced as a new evidentiary provision under Rule 416 and Chapter 8C).
    • § 14-50.35: Venue provisions; allows improper acts to be treated as having occurred in any county where an act of gang activity occurred.
  • Effective December 1, 2026; applies to offenses after that date.

E. Evidence and Procedure Enhancements

  • Section 5(a)–(d): Adds Rule 416-like framework (Rule 416) in Rule 5. involves evidence of criminal gang activity:
    • Admissibility of gang activity evidence and related crimes/wrongs for relevant matters.
    • Prosecution must disclose such evidence to the defense at least 10 days before trial, with judge discretion for timing.
    • Not exclusive as a means to admit such evidence.

F. Enhanced Sentencing for Gang-Related Crimes

  • Section 6(a)–(b): Adds enhanced sentencing under G.S. 15A-1340.16E for offenses committed as part of gang activity:
    • Generally, felonies other than Class A, B1, or B2 are increased by one class level if proven to be gang-related.
    • If the offender is a gang leader/organizer, the increase is two to three class levels higher.
  • Effective December 1, 2026; applies to offenses after that date.

G. General Effective Date

  • Section 7: Most provisions become law upon enactment; however, several key provisions have specific effective dates (December 1, 2026, or July 1, 2026 for funding).

3) Who or What is Affected

  • Individuals identified as members or leaders of criminal gangs (as defined by the bill) face:
    • Stricter handling of gang-related offenses.
    • Possession, use, or transfer of firearms by gang members during crimes of violence or drug offenses.
    • Ineligibility to possess firearms for gang members.
    • Enhanced sentencing if offenses are gang-related.
  • Law enforcement and prosecutorial offices:
    • Additional resources (two prosecutors and one investigator) dedicated to gang activity cases.
    • Expanded evidence standards and venue considerations to facilitate gang-related prosecutions.
  • Court system:
    • New evidentiary rules (Rule 416) and expanded venue provisions to accommodate gang activity cases.
  • General public:
    • Potential effects on crime deterrence and public safety through heightened penalties and targeted enforcement.

4) Procedural and Timeline Notes

  • Funding and staffing changes:
    • Effective July 1, 2026 (Sections 1(a)–(b)).
  • Substantive amendments to definitions and new offenses:
    • Effective December 1, 2026 for Chapters 14-50 (Sections 2, 3, 4, 5, 6).
  • Some provisions specify applicability to offenses committed on or after the effective date.
  • Overall, the bill establishes a staged implementation: initial funding in 2026-27, followed by broader statutory changes in late 2026.

This summary captures the bill’s core aims: expanding definitions of gang activity, increasing penalties for gang-related conduct (including firearms offenses), enhancing evidence and venue rules for gang cases, and bolstering enforcement with additional prosecutors and investigators. If you’d like, I can provide a side-by-side comparison with current law or a section-by-section annotated outline.

Compiled from official sources — confirm details with the bill’s official record.

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