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 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, 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.