The Governor vetoed the act on 8/21/19. The Governor's objections and veto message are available here: https://webservices.ncleg.net/ViewBillDocument/2019/6297/0/H370-BD-NBC-6105
Bill Summaries: H370 REQUIRE COOPERATION WITH ICE DETAINERS. (NEW)
Summary date: Aug 21 2019 - View Summary
Summary date: Jun 19 2019 - View Summary
Senate committee substitute makes the following changes to the 2nd edition. Deletes the previous provisions and now provides the following.
Amends GS 162-62 to require the administrator or equivalent of any county jail, local or district confinement facility, satellite jail or work release unit (facility) to attempt to determine if any prisoner who is confined for any period in their facility and charged with a criminal offense is a legal resident (previously, limited to prisoners charged with a felony or an impaired driving offense). Requires the administrator to make a query to Immigration and Customs Enforcement (ICE) if the administrator is unable to determine that the prisoner is a legal resident or citizen (previously, qualified the requirement with where possible). Mandates the administrator or equivalent to allow an ICE official to interview any person in custody of the facility within 24 hours of receiving the request from ICE, with the clarification that this provision does not deny bond or release from a prisoner otherwise eligible. Provides that the ICE interview can be in person, or by phone or other electronic means. Establishes requirements for instances in which ICE has notified the administrator or equivalent that it has issued a detainer and administrative warrant that reasonably appears to be for any person charged with a criminal offense and confined in a facility for any period of time. Includes requiring that, prior to release, the prisoner be taken before a State judicial official and provided with the detainer and administrative warrant prior to the prisoner's release, and the judicial official issue an order directing the prisoner be held in custody if the prisoner appears to be the person subject to the detainer and the administrative warrant, subject to release upon the earlier of 48 hours from receipt of the detainer and administrative warrant, ICE takes custody, or the detainer is rescinded by ICE. Adds criminal and civil immunity for any state or local law enforcement officer or agency acting pursuant to the statute.
Amends GS 128-16 to require removal of any sheriff or police officer for willful failure or refusal to comply with any provision of GS 162-62, as amended.
Establishes an annual reporting requirement, beginning October 1, 2020, for every administrator or equivalent of any county jail, local or district confinement facility, satellite jail or work release unit (facility) in the state to report to the specified NCGA committee on specified data with regard to compliance with GS 162-62, including the number of times the facility made a query to ICE, the number of times ICE sent a detainer request, the number of times a prisoner was held for 48 hours, and the number of times ICE took custody of a prisoner after notification from the facility.
Includes a severability clause.
Provides that the act is effective 30 days after the act becomes law.
Makes conforming changes to the act's titles.
Summary date: Apr 3 2019 - View Summary
House amendments make the following changes to the 1st edition.
Amendment #1 amends GS 162-62 by requiring that the report on the number of queries performed as to whether a prisoner is a legal resident or citizen of the US or its territories and the results of those queries be submitted to the Joint Legislative Oversight Committee on Justice and Public Safety instead of the Governor's Crime Commission. Makes conforming changes.
Amendment #2 amends GS 153A-145.5 and Gs 160A-205.2 by prohibiting counties and cites from prohibiting federal law enforcement officers from conducting enforcement activities (was, from entering and conducting enforcement activities) at any county jail, local confinement facility, district confinement facility, satellite jail, or work release unit. Adds that such activities include direct communication with the individual and access to any pertinent information on records pertaining to the incarcerated individual.
Summary date: Mar 14 2019 - View Summary
Amends GS 162-62, Legal status of prisoners. Requires administrators or another in charge of county jails, local confinement facilities, district confinement facilities, or satellite jails/work release units to attempt to determine if a prisoner that is confined in their facility and charged of a crime (was, a felony) or impaired driving offense is a legal US resident by an inquiry of the prisoner and/or examination of any relevant documents. Now mandates (previously, mandates where possible) the facility administrator or another in charge to make a query of Immigration and Customs Enforcement (ICE) of the US Department of Homeland Security (Department) if unable to determine if the prisoner is a legal US resident/citizen. Eliminates the provision deeming receipt of a facility's query as ICE's notification of the prisoner's unlawful resident status and confinement.
Adds new requirements of the facility when a prisoner is subject to an immigration detainer request issued by the Department. Requires the facility to comply with, honor, and fulfill the detainer request and inform the prisoner that the prisoner is being held pursuant to the detainer request. Excludes from these requirements persons who are victims of or witnesses to a criminal offense, persons reporting a criminal offense, or persons who have provided proof of citizenship or have lawful immigration status.
Creates an annual reporting requirement for facility administrators or others in charge to report the number of queries performed pursuant to the statute, as amended, and their results to the Governor's Crime Commission, beginning January 1, 2020. Requires the Governor's Crime Commission to make the reports available to the public.
Makes conforming changes.
Sections 2 and 3
Amends GS 153A-145.5 (concerning counties) and GS 160A-205.2 (concerning cities), enacting identical provisions to prohibit counties and cities from prohibiting federal law enforcement officers from entering and conducting enforcement activities at any county jail, local confinement facility, district confinement facility, or satellite jail/work release unit. Makes conforming changes to provide for GS 162-62(b2), as enacted.
Enacts GS 64-40, establishing a civil action for declaratory and injunctive relief for private residents to bring against a city, county, or local law enforcement agency that the person believes is not in compliance with a State law related to immigration, defined as GS 153A-145.5, GS 160A-205.2, and GS 162-62 (all amended by the act). Provides for filing of the action, and requires award of reasonable attorneys' fees and court costs to the prevailing party under the action. Requires a court to impose civil penalties against a city, county, or law enforcement agency for noncompliance with any order issued, ranging from $1,000 to $1,500 per day for the first offense, and $25,000 to $25,500 per day for each subsequent offense. Defines law enforcement agency.
Sections 5 and 6
Enacts GS 160A-290 and GS 162-27, authorizing chiefs of police and sheriffs to adopt a written policy requiring their respective agencies to perform community outreach activities to educate the public that an officer cannot inquire about the immigration status of a victim or witness to an alleged criminal offense unless the officer determines that the inquiry is necessary to investigate the offense or provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement. Requires any policy adopted to include outreach to victims of sexual assault and domestic abuse.
Provides the act is effective December 1, 2019.