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. Enacted September 4, 2013. Effective September 4, 2013.
Summary date: Sep 4 2013 - More information
Summary date: Jul 17 2013 - More information
House amendment #3 makes the following changes to the 2nd edition.
Amends GS 64-25, definitions for Article 2, Verification of Work Authorization, providing that the term "employee" does not include an individual whose term of employment is less than nine months in a calendar year (was, employment is affected by the seasonality of the industry, or less than 10 months a year).
Summary date: Jul 16 2013 - More information
House amendment to the 3rd edition makes the following changes.
Removes much of the previous edition of the act, deleting provisions concerning increasing penalties for possession, manufacture, or sale of false ID; creating a rebuttable presumption against the pretrial release of certain undocumented aliens; reimbursing cost of incarcerating undocumented aliens; authorizing immigration status checks for certain persons who are lawfully stopped, detained, or arrested; prohibiting the use of certain documents for identification purposes; new GS 64-39, which provided for no employer penalties if employee holds restricted driver's permit or restricted ID card; requiring undocumented alien drivers to obtain restricted driver's permits; and authorizing impoundment and sale of vehicles for driving while license revoked, driving without a license, and driving while failing to maintain financial responsibility. Makes conforming changes. Retains provisions concerning e-verify changes in Part VIII of the previous edition.
Requires instead that the Department of Public Safety, along with specified agencies and industries, study the potential impact of adopting eight specified measures, which include issues addressed in the previous version of the bill. Requires that the study examine the potential impacts of the eight measures on seven issues, including the provision of social services, tax collection, and law enforcement. Requires a report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 1, 2014.
Amends GS 64-25 by amending the definition of employee to exclude an individual whose term of employment is less than 10 months per year (was, less than year round).
Deletes the severability clause.
Makes the entire act effective when the act becomes law.
Amends the act's long title.
Summary date: Jul 15 2013 - More information
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.
Summary date: Jul 11 2013 - More information
House committee substitute to the 2nd edition is to be summarized.
Summary date: May 2 2013 - More information
House committee substitute makes the following changes to the 1st edition.
Amends GS 15A-533(f), which creates 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 US and there exists reasonable cause to believe that they committed a certain, specified offense, establishing that when the rebuttable presumption is based on a driving offense, it must be based on a driving offense that requires a mandatory drivers license revocation on a first conviction. Establishes that for a rebuttable presumption based on a drug offense, it must be a drug offense other than a violation for mere possession of a controlled substance. Also provides that the presumption applies if the person committed a violent felony or any criminal offense other than a violation of GS 14-33(a) that includes assault as any essential element of the offense or as an aggravating factor.
Creates new GS 15A-534.7 (Pretrial release of certain undocumented aliens), establishing that in cases in which the defendant is an alien that (1) is not lawfully present in the US, and (2) is charged with a felony or a Class A1 misdemeanor, the judicial official will require the defendant to execute a secured appearance bond as a condition of pretrial release.
Amends GS 148-2.1, providing that an undocumented alien prisoner will only be required to reimburse the state for the actual cost of incarceration after becoming convicted of a crime (previously, a conviction for a crime was not required to compel reimbursement).
Adds to the requirements that must be met in GS 64-10 for admitting a record relating to immigration status without further foundation or testimony. Provides procedure for when an attorney files or fails to file a written objection.
Amends GS 15A-306 (Certain documents not acceptable as identification), providing that a matricula consular or other similar document issued by a consulate or embassy of another country, except for a valid passport, is not acceptable in determining a person's actual identity or residency (previously, an exception for a valid passport was not provided).
Amends GS 153A-449(b), 160A-20.1(b), 143-129(j), 143-48.5, and 147-33.95(g), making a clarifying change, deleting language that required registering and participating in E-verify to verify the work authorization of new employees and replacing it with a requirement to comply with the requirements of Article 2 of GS Chapter 64 (provisions which require the use of E-verify).
Amends the definition of criminal history in GS 20-4.01 to exclude disturbing the public peace, misdemeanor marijuana possession, worthless checks, misdemeanor larceny, shoplifting, or public drunkenness.
Amends GS 20-7(t)(5), provisions allowing the issuance of a restricted drivers permit or restricted identification card to an applicant that is present in the US and meets certain requirements, including meeting all other requirements for a drivers license, including proof of financial responsibility to provide that, for the purposes of this section, the insurance policy that is the basis of proof for financial responsibility is required to have been prepaid for a period that is at least as long as the entire period during which the restricted drivers permit will be effective (previous edition did not establish requirements for proof of financial responsibility).
Deletes Section 10, new GS 20-28.10, from the act.
Creates new GS 20-28.10, (Seizure, impoundment, forfeiture of motor vehicles for certain other offenses under this Chapter), establishing that a vehicle driven by a person who commits either (1) a violation of GS 20-313, (2) driving without a license under GS 20-7, or (3) driving without a restricted drivers permit under GS 20-7, will be subject to seizure, impoundment, and forfeiture. Sets out conditions, which when satisfied, prevents a vehicle from becoming subject to an order of forfeiture. Provides that the laws and procedures by which the seizure, impoundment, and forfeiture of vehicles, as provided for under this section, will be the same as those set forth in GS 20-28.2 through 20-28.9. Provides that wherever those statutes refer to a particular underlying offense, for the purposes of this section, it should be construed to refer to the applicable violation or offense as provided for in subsection (a) of this section. Additionally, for the purposes of this section, an innocent owner refers to a person that did not know and had no reason to know that the defendant was engaging in a violation of subsection (a).
Adds a severability clause.
Summary date: Apr 17 2013 - More information
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.
Summary date: Apr 12 2013 - More information
To be summarized.
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