House committee substitute to the 1st edition makes the following changes.
Removes the list of charged felonies triggering an examination into a detained person’s citizenship/residency status under GS 162-62, and instead has any felony trigger the inquiry. Makes technical and organizational change. Effective October 1, 2025 (was, December 1, 2025), and adds that it applies to any person confined in or released from a county jail, local confinement facility, district confinement facility, satellite jail or work release unit on or after that date.
Amends GS 15A-534 (governing pretrial release) to require judicial officials to attempt to determine if the defendant is a legal resident or citizen of the United States by an inquiry of the defendant, or by examination of any relevant documents, or both if the defendant is charged with an offense that would trigger a citizenship/residency inquiry under GS 162-62. Specifies that if the judicial official is unable to do so, then the official will set the conditions of pretrial release and commit the defendant to an appropriate detention facility to be fingerprinted, for a query of Immigration and Customs Enforcement of the United States Department of Homeland Security (ICE), and to be held for a period of two hours from ICE’s query. Specifies, that if, by the end of the two-hour period, no detainer and administrative warrant have been issued by ICE, the defendant will be released pursuant to the terms and conditions of the release order. Directs for the defendant to be processed under GS 162-62 if ICE issues a detainer and administrative warrant before the end of the two-hour period. Effective October 1, 2025, and applies to any person appearing before a judicial official for a determination of pretrial release conditions on or after that date.
Specifies that the remainder of the act is effective October 1, 2025.
Bill Summaries: H318 (2025-2026 Session)
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Bill H 318 (2025-2026)Summary date: Apr 15 2025 - View summary
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Bill H 318 (2025-2026)Summary date: Mar 5 2025 - View summary
Amends GS 162-62 by expanding upon the offenses for which the person in charge of a county jail, local confinement facility, district confinement facility, satellite jail, or work release unit must attempt to determine if the prisoner is a legal resident of the United States to also include when a person is charged with: (1) a felony under the following Articles of GS Chapter 14: Article 14 (burglary and housebreakings), Article 16 (larceny), Article 16A (organized retail theft), Article 17 (robbery), Article 18 (embezzlement), Article 19 (false pretenses and cheats), Article 19A (obtaining property by false or fraudulent use of credit device or other means), Article 19B (financial transaction card crime act), Article 19C (identify theft), Article 20 (frauds), Article 20A (Residential Mortgage Fraud Act), and Article 21 (forgery); and (2) any offense involving impaired driving. Amends the conditions that must be met when a person charged with a criminal offense is confined in such a facility and the person in charge of the facility has been notified that Immigration and Customs Enforcement (ICE) has issued a detainer and administrative warrant for the person as follows: (1) amends the timing of the release to be the earlier of the passage of 48 hours from the time the prisoner would otherwise be released from the facility (was, 48 hours from receipt of the detainer and administrative warrant), when ICE takes custody, or when the detainer is rescinded by ICE and (2) adds that for a prisoner who is held under such an order, within two hours of the time when the prisoner would otherwise be released from the facility, the person in charge of the facility must notify ICE of the date and time that the prisoner will be released. Applies to offenses committed on or after December 1, 2025.
Includes a severability clause.