Bill Summary for H 786 (2013-2014)

Summary date: 

Apr 17 2013
S.L. 2013-418

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 786 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO STUDY MEASURES FOR ADDRESSING THE PROBLEM OF ILLEGAL IMMIGRATION IN THIS STATE; AND TO CLARIFY WHICH EMPLOYERS ARE SUBJECT TO THE STATE'S E-VERIFY LAWS.
Intro. by Warren, Jordan, B. Brown, Collins.

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Bill summary

False Identification Documents. Amends GS 14-100.0 to make it unlawful to knowingly possess, manufacture, or sell a false or fraudulent form of identification for deception, fraud, or other criminal conduct. Makes it a I felony to violate the statute, except makes the following a Class 1 misdemeanor: (1) violation based on the mere possession of a false or fraudulent form of id; (2) violation by a person under age 21 for the purpose of purchasing alcohol; and (3) violation by a person under age 18 for the purpose of purchasing tobacco products or cigarette wrapping papers. Amends GS 20-30 to extend the provisions of the statute to include fraudulent restricted drivers permits, in addition to licenses, learners permits, and special identification cards. Makes violations of the statute a Class I felony, except (1) it is a Class H felony to sell or offer for sale any reproduction or facsimile or simulation of a drivers' license, learner's permit, restricted drivers permit, or special identification card, (2) a violation by a person under the age of 21 for the purposes of purchasing alcohol is a Class 1 misdemeanor, and (3) a violation by a person under 18 for the purpose of purchasing tobacco products or cigarette wrappers is a Class 2 misdemeanor. Makes organizational changes to the statute. Makes a conforming change to GS 143-341. Effective December 1, 2013, and applies to offenses committed on or after that date.

Rebuttable Presumption Against the Pretrial Release of Certain Undocumented Aliens. Amends GS 15A-533 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 US and a judicial officer finds that there is reasonable cause to believe the person committed (1) one or more of the following: a sex offense, a violent felony, a driving offense, a drug offense, or a gang offense; or (2) an offense not listed in (1) and the US Immigration and Customs Enforcement has guaranteed that, in all such cases, it will issue a detainer for the initiation of removal proceedings and agree to reimburse the state for the cost of incarceration from the time of the issuance of the detainer. Makes conforming changes. Effective December 1, 2013, and applies to offenses committed on or after that date.

Reimbursement of Cost of Incarcerating Undocumented Aliens. Enacts new GS 148-2.1 requiring an undocumented alien prisoner, as defined, to reimburse the state for the actual cost of incarceration, to be remitted to the General Fund. Provides that any reimbursement that is unpaid is a "debt" and may be set off against any state income tax refund, and allows collection of the debt through the setoff for at least 10 years from the time of release or termination, or until the debt is satisfied. Allows the judge to include in the order a requirement that the individual pay an amount estimated to be sufficient to cover the total actual cost of incarceration over the entirety of the prisoner's incarceration. Amends GS 148-33.1 to make a conforming change. Effective December 1, 2013, and applies to offenses committed on or after that date.

Immigration Status Checks for Certain Persons Lawfully Stopped, Detained, or Arrested. Enacts new GS 15A-506 to allow a law enforcement officer or agency to make a reasonable attempt to verify the immigration status of a person lawfully stopped, detained, or arrested, where reasonable suspicion exists that the person is an alien unlawfully present in the US. Requires that the verification be made as soon as possible and within 24 hours of the stop, detention, or arrest. Sets out conditions under which the statute does not apply, including when verifying the person's immigration status may hinder or obstruct the investigation, and when the person can provide one the listed types of valid identification. Effective December 1, 2013, and applies to offenses committed on or after that date.

Miscellaneous. Enacts new GS 64-9 to specify permissible methods for verifying immigration status. Enacts new GS 64-10 allowing records relating to immigration status to be admissible in court without further foundation or testimony form a records custodian if the record is certified as authentic by the federal agency responsible for keeping records. Enacts new GS 64-11 to provide for the transportation of an unlawfully present alien by state or local law enforcement. Enacts new GS 64-12 to provide for the construction of the Chapter and to establish a severability clause.

Prohibit Use of Certain Documents for Identification Purposes. Enacts new GS 15A-306 to prohibit the use of the following documents in determining a person's actual identity or residency (1) matricular consular or similar document is used by another country, and (2) an identity document issued or created by any person, organization, country, city, or other local authority, except where expressly authorized by the General Assembly to be used. Amends GS 20-7 and GS 58-2-164, removing matricular consular and similar documents from those that are reasonably reliable indicators of residency. Amends GS 108A-55.3 (Verification of State residency required for medical assistance)to remove a document issued by a foreign consulate verifying the applicant's intent to live in the state or that the applicant is residing in the state to seek employment or with a job commitment, from the list of documents that may be used to prove state residency. Effective October 1, 2013.

E-Verify. The following changes are effective as follows: (1) October 1, 2013 for contractors that employ 500 or more employees as of that date, and their subcontractors, (2) January 1, 2014, for contractors that employ 100 or more employees but fewer than 500 as of that date, and their subcontractors, and (3) July 1, 2014, for all other contractors and subcontractors. Amends GS 153A-449 (counties) and GS 160A-20.1 (cities) to prohibit a county or city from entering into a contract unless the contractor and the subcontractors register and participate in E-Verify. Amends GS 143-129 (Procedure for letting of public contracts) to prohibit awarding contracts subject to the statute unless the contractor and subcontractors register and participate in E-Verify.  Enacts new GS 143-48.5 requiring the use of E-Verify by contractors and subcontractors in contracts subject to Article 3 (Purchases and Contracts) of GS Chapter 143. Amends GS 147-33.95 to make contracts subject to Part 4 (Procurement of Information Technology) of Article 3D of GS Chapter 147 subject to the E-Verify requirement.

The following changes are effective when they become law. Amends GS 64-25 to exclude from the definition of employee, an individual whose term of employment is customarily affected by the seasonality of the industry in which the individual is employed, or less than year round. Repeals GS 64-26(c), which exempted a seasonal temporary employee employed for 90 or fewer days during a 12‑consecutive‑month period from the E-Verify requirements. Enacts new GS 64-39 to prohibit penalties against an employer if a violation or alleged violation of GS 64-26 (Verification of employee work authorization) was with respect to an employee who possesses a valid restricted drivers permit or a valid restricted identification card.

Require Undocumented Alien Drivers to Obtain Restricted Drivers Permits. Amends GS 20-4.01 to add a definition of criminal history that includes a history of conviction of state or federal crimes, misdemeanor or felony, that includes the (1) criminal offenses set forth in the specified Articles of GS Chapter 14, including endangering executive and legislative officers, homicide, and public intoxication; (2) possession or sale of drugs in violation of the NC Controlled Substances Act; and (3) alcohol-related offenses. Amends GS 20-7(f)(3) to provide that the durations in the statute also apply to permits and identification cards, in addition to licenses. Adds to the conditions upon which the durations do not apply, a determination that a restricted drivers permit or a restricted identification card should be issued pursuant to new (t); provides that a restricted drivers permit or restricted id card can not expire later than one year after the date of issuance. Amends GS 20-7(i) to add restricted drivers permits and restricted identification cards to those subject to the fee schedule. Provides that the fee for an initial one-year restricted permit or an initial one-year restricted id card is to be set by the Secretary of Transportation. Sets a $25 fee for renewal of a restricted drivers permit or a restricted id card. Enacts new GS 20-7(t) providing that the Division of Motor Vehicles will issue a restricted drivers permit or a restricted id card to an applicant not lawfully present in the US who meets the four specified requirements. Also requires that such an issued permit or id card meet specific format requirements that distinguish it from other permits and cards, and requires the certain information be included. Provides that when the laws refer to a drivers license, the term includes a restricted drivers permit, except when the law confers a benefit, privilege, or right for which lawful presence is a prerequisite. Amends GS 20-15 to require canceling and revoking the restricted drivers permit of a person convicted of violation GS 20-313 (Operation of motor vehicle without financial responsibility a misdemeanor). Effective October 1, 2013.

Impoundment and Sale of Vehicles for Driving while License Revoked, Driving Without a License, and Driving While Failing to Maintain Financial Responsibility. Enacts new GS 20-28.10 providing as follows. Allows a judge to determine whether a vehicle driven at the time of the underlying offense becomes subject to an order of forfeiture and specifies times at which the determination may be made. Defines an underlying violation as (1) driving while license is revoked under an impaired drivers license revocation, (2) a violation of GS 20-313 (Operation of motor vehicle without financial responsibility a misdemeanor), or (3) driving without a license or a restricted drivers permit. Requires the vehicle to be subject to a forfeiture order if the greater weight of the evidence shows that the defendant is guilty of an underlying violation, unless listed conditions are satisfied. Specifies requirement of notifying possible innocent parties of the forfeiture. Provides for notification to the insurance company of damage caused to a vehicle while committing the underlying offense or incident to the seizure, and requires that claim proceeds be paid to the clerk of superior court. Sets out the procedure and hearing requirements for the disposal of a vehicle that has been ordered forfeited, and has not been released to an innocent owner. Provides for the process of releasing a motor vehicle to an innocent owner. Provides the process for releasing a forfeited vehicle to the lienholder. Orders authorizing the release of a seized vehicle must require the payment of towing and storage charges incurred because of the seizure and impoundment. Establishes the duties of an officer concerning seizing a vehicle and for providing notice of seizure. Sets out requirements for providing notice of impoundment to the Division of Motor Vehicles, any lienholder, and to an innocent owner. Requires additional specified notifications to lienholders.

Requires a magistrate to review the affidavit of impoundment presented by the seizing officer and order the vehicle to be held if the magistrate determines that the requirements of the statute have been met. If the magistrate determines that the requirements have not been met, an order must be made to release the vehicle. Provides for effecting an order of seizure. Provides procedures for the towing of a seized motor vehicle and for custody of the vehicle. Allows a motor vehicle owner, other than the driver at the time of the underlying offense, to apply for pretrial release of the vehicle and specifies the conditions under which the vehicle may be released. Also allows a nondefendant motor vehicle owner to petition for a pretrial determination that the petitioner is an innocent owner and sets out relevant procedures. Allows a lienholder to file a petition requesting the court to order pretrial release of a seized motor vehicle, and specifies the procedure for doing so.

Provides for the claiming and handling of insurance proceeds when the vehicle is damaged incident to the conduct that gave rise to the seizure of the vehicle. Provides for the expedited sale of seized vehicles in specified circumstances. Allows for the removal of personal property from the vehicle.

Requires notice to the attorney for the county board of education on all proceedings regarding underlying offenses related to a vehicle subject to forfeiture. Also gives the attorney the right to appear and be heard on all issues related to the seized vehicle.

If the driver is convicted of an underlying offense, the defendant is to be ordered to pay the costs paid or owing for the towing, storage, and sale of the vehicle to the extend the costs were not covered by the sale proceeds. Requires trials of underlying offenses to be be schedule on the seizing officer's next court date, or within 30 days of the offense, whichever is first. Prohibits continuing the case unless specified conditions are met. Provides for the release of the vehicle upon a dismissal or finding of not guilty. Includes further guidance on the sale of a forfeited vehicle, use of the sale proceeds, and retention of a vehicle. Provides that an order of forfeiture is stayed pending appeal.

Effective December 1, 2013, and applies to offenses committed on or after that date.

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