Bill Summary for H 786 (2013-2014)

Summary date: 

Jul 15 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

House committee substitute makes the following changes to the 2nd edition.

Amends the proposed language for the new subsection GS 15A-533(f), providing that there is a rebuttable presumption that no condition of release will reasonably assure the appearance of the person as required for the safety of the community if the person is unlawfully present in the United States and there exists probably cause (was, reasonable) to believe that the person committed certain, specified offenses. Also provides that the rebuttable presumption applies if there is probable cause (was, reasonable) to believe that the person, who is unlawfully present, committed an offense not listed in GS 15A-533(f)(1) and the US Immigration and Customs Enforcement has issued a detainer for the initiation of removal proceedings against the person or has indicated that it will do so (was, 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).

Amends proposed new section GS 15A-506, regarding immigration status checks of person lawfully stopped, detained, or arrested, providing that this section does not authorize the consideration of race, color, or ethnicity in the enforcement of these provisions. Amends the verification procedure to provide that the status check of the individual must be made within two hours of the stop or detention, unless the person is arrested; then the two hour limit does not apply. Makes conforming and organizational changes.

Directs the Secretary of Public Safety to report no later than May 1, 2015 to the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on the first year that GS 15A-506 was in effect. Specifies the five types of information the report should contain, including the number of persons stopped, detained, or arrested in North Carolina and the number of persons found to be unlawfully present in the United States as a result of status verifications.

Directs each law enforcement officer/agency of the state, of a county, of a municipality, and of any other political subdivision to cooperate with the Secretary of Public Safety in collecting and compiling the information that is needed to create the report.

Adds new proposed GS 20-7(w), providing that state agencies or officials cannot use any information submitted during the application process for a restricted driver's permit or restricted identification card to seek the removal of the applicant or for any purpose other than the issuance of the restricted driver's permit or restricted identification card. Provides that the above language does not prohibit the use of the information in the prosecution of crimes that are (1) committed by the applicant after the issuance of the permit or card or (2) are revealed by a criminal history check undertaken pursuant to GS-7(t).

Amends GS 20-28.10, concerning the seizure, impoundment, or forfeiture of motor vehicles for certain offenses, providing an exception to the seizure, impoundment, or forfeiture of a vehicle when driving without a license or driving without a restricted permit under GS 20-7 when the person possesses an expired driver's license or restricted driver's permit. Further amends exceptions to the seizure, impoundment, or forfeiture of a motor vehicle, providing a clarification that a vehicle is not subject to an order of forfeiture if the underlying violation is under GS 20-313 and the defendant submits adequate proof of financial responsibility, regardless of whether the proof of financial responsibility was obtained prior or subsequent to the violation. Updates statutory citation in proposed GS 20-28.10(b)(2), changing reference from GS 20-35 to GS 20-7.

Makes clarifying changes to language throughout the act. Also makes certain language gender neutral.

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