Bill Summary for H 619 (2013-2014)
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View NCGA Bill Details | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT TO DIRECT THE ATTORNEY GENERAL TO BRING AN ACTION TO DETERMINE WHETHER SPECIFIC PROVISIONS IN THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012 ARE UNCONSTITUTIONAL AND ESTABLISHING PROTECTIONS FOR THE CITIZENS OF NORTH CAROLINA IN THE EVENT A COURT RULES THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012 IS UNCONSTITUTIONAL.Intro. by Speciale, Pittman.
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Bill summary
Adds new Article 9, Protection Against Suspension of Rights, in GS Chapter 147.
States legislative findings.
Enacts GS 147-101 to require the North Carolina Attorney General to commence an action in a court of competent jurisdiction and seek a judicial determination as to whether the National Defense Authorization Act for Fiscal Year 2012, as written or applied, has the effect of suspending the right of habeas corpus and denying the right to an indictment and to a public jury trial in criminal case.
Effective upon a final judgment finding that the National Defense Authorization Act for Fiscal Year 2012 is unconstitutional and entered pursuant to GS 147-101, enacts new GS 14-277.6 making it unlawful for any person to do the following under color of authority granted by the National Defense Authorization Act for Fiscal Year 2012: (1) arrest or capture any person in North Carolina under the law of war, (2) subject any person in North Carolina to disposition under the law of war, or (3) use deadly force under the law of war against any person in North Carolina or intentionally subject any person in North Carolina to targeted killing. Provides that the act does not prohibit the application of the Uniform Code of Military Justice (UCMJ), including military detention and trial, in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger to discipline service members who may have violated the UCMJ and law of war. Any person who violates the statute is to be prosecuted under GS Chapter 14 for any applicable offense.