Bill Summary for H 786 (2013-2014)

Summary date: 

May 2 2013
S.L. 2013-418

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 786 (Public) Filed Wednesday, April 10, 2013
Intro. by Warren, Jordan, B. Brown, Collins.

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Bill summary

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.




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