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.