Bill Summaries: H63 (2017-2018 Session)

Tracking:
  • Summary date: Mar 14 2017 - View summary

    House committee substitute makes the following changes to the 1st edition.

    Amends the long title of the bill.

    Amends GS 15A­533(f1). Deletes the reference to aggravating factors in sentencing in the definition of violent felony. Redefines drug offense to mean a violation of GS 90­95, other than a violation of GS 90­95(a)(3) punishable pursuant to GS 90­95(d) (currently the exception is for violation for mere possession of a controlled substance).

    Amends the caption for Part IV of the bill. Clarifies that the judicial authorization required for a law enforcement agency to securely transport an alien does not come from the Governor, but that executive authorization does. Deletes Sections 4(b), 4(c), and 4(d) of the bill (instructing the Secretary of Revenue to withhold certain funds from a county or city in violation of the statute).

    Adds new part V (Creation of additional incentives for local governments to comply with state laws related to immigration). Enacts new GS Chapter 64, Article 3, Local Government Noncompliance with State Laws Related to Immigration, setting out specific findings of the General Assembly, including that the policy objectives of the General Assembly are frustrated when cities, counties, and law enforcement agencies do not uniformly comply with State law, and that supreme power and complete discretion over State funds appropriations can be used to create additional incentives for compliance. Sets out three definitions in use for the Article, including affected local government, law enforcement agency, and state law related to immigration­­defined as  GS 153A­145.5 (prohibition on adoption of sanctuary ordinances), or GS 160A­205.2 (prohibition on adoption of sanctuary ordinances).

    Directs the Attorney General (AG) to create a form upon which individuals can allege that a city, county, or law enforcement agency is currently not in compliance with a State law related to immigration. The form is to be made available on the AG's website and once completed the form should be sent to the AG. No Social Security number or notarization is required on theform. Anonymous statements submitted on a nonprescribed form are not prohibited from consideration, but all complaints orallegations must be made having a good faith belief.

    Requires the AG to begin an investigation into the allegations of noncompliance within 45 days of receipt of filed statement, with a final determination and conclusion of the investigation within 60 days of the investigation's commencement. The AG is authorized to ask for assistance from the State Bureau of Investigation in conducting the investigation. Further directs local governments to produce records or documents related to the investigation within 10 business days of request by the AG. Provides that statements, records, reports, and other investigative documents are confidential and not public records until the investigation is complete or 60 days have elapsed since the investigation was commenced. Authorizes local governments to request that confidential documents be made public.

    Sets out consequences of a determination that an affected local government is not in compliance with State law related to immigration. The five consequences include ineligibility for specified state distributions for a fiscal year and that the AG will notify the affected local governments, the chairs of the Appropriations Committees of the Senate and House of Representatives, the chairs of the Joint Legislative Commission on Governmental Operations, the Office of State Budget and Management, and the Secretary of Revenue of the non­compliance determination and of the duration of the period of ineligibility to receive funds. Also includes provisions detailing consequences of the AG receiving notification of noncompliance with E­verify. Sets out specific entities to which the consequences of noncompliance with E­Verify regulations apply. No enactment must be construed as an exception to the statute unless it specifically mentions this statute.  Sets out procedures and administrative guidelines for the AG, including reporting requirements. Requires the AG to maintain a database of those entities ineligible for funds and to report to the Joint Legislative Commission on Governmental Operations on a quarterly basis concerning the numbers of statements, investigations, consequences rendered, and the names of those entities found not to be in compliance. Further states that the AG's determination is only appealable to the extent required by the United States and North Carolina Constitutions, and delays the imposition of consequences for noncompliance while the appeal is pursued. Consequences last for the same length of time after an unsuccessful appeal as they would had no appeal been made, regardless of which fiscal years the consequences would occur in. Authorizes the AG to designate an official to carry out the duties of this regulation, and that the AG must promulgate rules needed to implement this Article.

    Provides for a private enforcement action against entities that are not in compliance with State law concerning immigration, in the Superior Court of Wake County; an individual can seek relief in the form of declaratory and injunctive relief. Allows prevailing parties to receive attorneys' fees and court costs.

    Amends GS 143­133.3 to direct the Commissioner to notify the AG of any violation of GS 143­133.3 by a political subdivision of the state, so that the AG can take action. Further directs the Commissioner to notify the AG if, within 60 days of the Commissioner's determination of a violation, the subdivision fails to demonstrate compliance.

    Directs the AG's office to take reasonable steps to notify local governments of the provisions of this act so the local governments can take appropriate steps to comply.

    Makes conforming changes to GS 136­41.1, GS 105­113.82, GS 105­164.44F, GS 105­164.44I, GS 105­164.44L, and GS 105­187.19(b)

    Amends GS 143B­919 to authorize the State Bureau of Investigation to investigate local government noncompliance with State laws related to immigration, at the request of the AG.

    New Part V is effective August 1, 2017.


  • Summary date: Feb 8 2017 - View summary

    Part I establishes the title of the act to be The Citizens Protection Act of 2017.

    Part II: Increase Penalties for Manufacture or Sale of False Identification Documents

    Amends GS 14-100.1 to make it unlawful for any person to knowingly possess, manufacture, or sell (previously, did not include sell) a false or fraudulent form of identification for the purpose of deception, fraud, or other criminal conduct. Increases the violation of this statute with respect to the manufacture or sale of a false or fraudulent form of identification to a Class G felony, while violations relating to possession remain a Class 1 misdemeanor (previously, possession and manufacture were Class 1 misdemeanors). Makes conforming and technical changes.

    Current GS 20-30(2) makes it unlawful to counterfeit, sell, lend to, or knowingly permit the use of a driver's license, learner's permit, or special identification card by one not entitled thereto. Makes a violation of this subsection by a person under the age of 21 for the purpose of the underage purchase of alcohol a Class 1 misdemeanor. Makes a violation of this subsection by a person under the age of 18 for the purpose of the underage purchase of tobacco products or cigarette wrapping papers a Class 2 misdemeanor. Makes all other persons who violate this subsection guilty of a Class G felony. Adds a new subsection to make it unlawful for any person to possess more than one special identification card for a fraudulent purpose. Increases the penalty for selling, or offering for sale, any reproduction, facsimile, or simulation of a driver's license, learner's permit, or special identification card from a Class I to Class G felony. Makes technical changes to the statute.

    Makes conforming repeal of GS 20-37.8.

    Effective December 1, 2017, and applies to offenses committed on or after that date.

    Part III: Creation of a Rebuttable Presumption Against the Pretrial Release of Certain Undocumented Aliens

    Amends GS 15A-533, concerning the right to pretrial release in capital and noncapital cases, by adding a new subsection to create a rebuttable presumption that no condition of release will reasonably assure the appearance of the person as required and the safety of the community if the person is unlawfully present in the United States, and a judicial official finds either of the following: (1) there is probable cause to believe that the person committed a sex offense, a felony, a driving offense, a drug offense, or a gang offense, as those terms are defined by the new subsection or (2) there is probable cause to believe that the person committed an offense not listed above, and United States Immigration and Customs Enforcement has issued a detainer for the initiation of removal proceedings against the person or has indicated it will do so. Makes conforming changes to subsection (g), makes technical changes and makes the language gender neutral throughout the statute.

    Enacts new GS 15A-534.7, Pretrial release of certain undocumented aliens, to direct the judicial official to require the defendant to execute a secured appearance bond as a condition of pretrial release under GS 15A-534(a)(4) in all cases where the defendant is an alien who is (1) not lawfully present in the United States and (2) is charged with a felony or a Class A1 misdemeanor.

    Effective December 1, 2017, and applies to offenses committed on or after that date.

    Part IV: Miscellaneous 

    Enacts the following statutes in Article 1 of GS Chapter 64, concerning provisions related to aliens.

    Enacts GS 64-6 to provide three permissible methods of verifying a person's immigration status: (1) pursuant to 8 USC 1373(c) and 1644 or any other provisions of federal law, (2) by a law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status, or (3) in any other manner authorized by the federal government.

    Enacts GS 64-7 to establish that verification of an alien's immigration status received from the federal government pursuant to new GS 64-6 is proof of that alien's status, and that a court in this state may only consider verification of immigration status made pursuant to new GS 64-6 in determining whether an alien is lawfully present in the United States. Makes any record relating to the immigration status of a person admissible in any court of this state without further foundation or testimony from a custodian of records if three qualifications are met: (1) the record is certified as authentic by the federal government agency that is responsible for maintaining the record; (2) the State notifies and gives a copy of the record to the person at least 15 business days before the proceeding where the evidence will be used; and (3) the person fails to file a written objection with the court, with a copy to the State, at least five business days before the proceeding. Provides that if a written objection is not provided, then the record can be admitted into evidence without the testimony of the custodian of records; however, if there is a timely objection, the admissibility of the record is determined and governed by the rules of evidence.

    Enacts GS 64-8 to authorize a state or local law enforcement agency to securely transport an alien in the agency's custody and who the agency has verified is unlawfully present in the United States to a federal facility or to any other point of transfer into federal custody. Requires judicial or executive authorization from the Governor before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside this state.

    Enacts GS 64-9 to provide a severability clause applicable to the entirety of GS Chapter 64.

    Amends GS 153A-145.5, which prohibits counties from adopting sanctuary ordinances, to add a new subsection to require the Secretary of Revenue (Secretary) to withhold any distributions otherwise due under GS 105-113.82, GS 105-164.44F, and GS 105-164.44L for any period during which a county is in violation of subsections (a) or (b) of this statute. Makes the Attorney General (AG) responsible for the administration of this new subsection, and directs the AG to adopt rules governing its implementation. Mandates that the Secretary, the Office of State Budget and Management, the State Controller, and all other state agencies and officials cooperate fully with the implementation of this new subsection. Amends GS 160A-499.4, requiring notice to property owners and adjacent property owners prior to the commencement of any construction project in the city, to add a new subsection to require the Secretary to withhold any distributions otherwise due under GS 105-113.82, GS 105-164.44F, GS 105-164.44I, and GS 164.44L for any period in which a city is in violation of subsections (a) or (b) of this statute. Again, makes the AG responsible for administration and implementation, and requires cooperation from the same state agencies and officials. Effective October 1, 2017.

    Part V provides a severability clause for this act.