Bill Summary for H 749 (2017-2018)

Summary date: 

Apr 12 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 749 (Public) Filed Tuesday, April 11, 2017
AN ACT TO REDUCE IDENTITY THEFT BY INCREASING PENALTIES FOR THE MANUFACTURE OR SALE OF COUNTERFEIT DOCUMENTS AND TO ALLOW UNDOCUMENTED ALIENS TO OBTAIN LIMITED IDENTIFICATION CARDS.
Intro. by Warren, Collins, Jordan, Adams.

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Bill summary

Part I

Amends GS 14-100.1, establishing that it is unlawful for any person to knowingly possess, manufacture, or sell (currently, the sale is not included in this offense) a false or fraudulent form of identification for the purpose of deception, fraud, or other criminal conduct. Adds that a violation involving the manufacture or sale of a false or fraudulent form of identification is a Class G felony, while possession is a Class 1 misdemeanor (currently, all violations of the statute are a Class 1 misdemeanor). Makes conforming and technical changes.

Amends GS 20-30, which sets out several offenses pertaining to a license, learner's permit, and special identification card, to expand the scope of the existing provisions to include violations concerning a limited identification card. Additionally, adds to the offense set out in subdivision (2) for counterfeiting, selling, lending to, or knowingly permitting the use of a driver's license, learner's permit, limited identification card, or special identification card, by one who is not entitled. Makes a violation of this provision by a person under the age of 21 for the purpose of the underage purchase of alcohol a Class 1 misdemeanor, and a violation by a person under the age of 18 for the purpose of the underage purchase of tobacco products or cigarette wrapping papers a Class 2 misdemeanor. Provides that any other violation of the provision is a Class G felony. Also, modifies the offense set out in subdivision (7) for selling or offering to sell any reproduction, facsimile, or simulation of a driver's license, learner's permit, limited identification card, or special identification card, making the offense a Class G felony (currently, a Class I felony). Adds a new offense for possession of more than one special identification card for a fraudulent purpose. Makes technical changes.

Makes a conforming repeal of GS 20-38.8, concerning fraudulent uses or possession of a special identification card.

Effective December 1, 2017, and applies to offenses committed on or after that date. 

Part II

Amends GS 20-7 (Issuance and renewal of drivers licenses) to specify that the identification card referred to in the statute is a special identification card.

Renames Article 2B of GS Chapter 20 as Special Identification Cards and Limited Identification Cards for Nonoperators. 

Amends GS 20-37.7 (Special Identification Card), adding to the eligibility provisions that eligibility is also subject to the applicable provisions of GS 20-7. Deletes subsection (e) that made any fraud or misrepresentation in the application for or use of a special identification card issued under the statute a Class 2 misdemeanor. Makes technical changes.

Enacts GS 20-37.8A, establishing that a person who is an NC resident and who is not lawfully present in the United States is eligible for a limited identification card. Directs the Division of Motor Vehicles (DMV) to issue a limited identification card to an applicant who: (1) is not lawfully present in the United States; (2) completes the application form used to obtain a driver's license; and (3) agrees to a criminal history check, and that check shows that the applicant does not have a criminal history. Provides that an applicant that is under the age of 16 is not required to agree to a criminal history check. Defines criminal history for purposes of the statute.

Details the format of the limited identification card, including that the card must clearly bear statements providing that (1) the card is not a valid means of demonstrating eligibility for voter registration or for public benefits, (2) the card does not legitimize the holder's presence in the United States or North Carolina, and (3) the card is not valid for any other purpose other than demonstrating identity. 

Provides that an initial limited identification card expires on the birthday of the person to whom it is issued in the first year after the initial issuance, provided that the initial card expires no later than 18 months after the date of initial issuance. A renewal limited identification card expires one year after the expiration date of the limited identification card that is renewed. Allows a person to apply to the DMV to renew a limited identification card during the 180-day period before the card expires. Prohibits the DMV from accepting an application for renewal made before the 180-day period begins. 

Directs the Secretary of Transportation to set the fee for an initial identification card equal to the actual cost of processing the relevant application and furnishing the card. Sets the renewal fee at $25. Requires the fee to be paid before the person receives the card. 

Requires the DMV to maintain a record of all recipients of a limited identification card. Provides immunity for the State or any agency from liability for the misuse of a limited identification card. Permits the DMV to use various communications media to inform NC residents of the statute's provisions. 

Prohibits a state agency or official from using any information submitted as part of the application process to seek the removal from the United States of the applicant or for any purpose other than the issuance of the limited identification card. Further prohibits a state agency or official from releasing information pertaining to the immigration status of an applicant for a limited identification card unless expressly required by law to do so. Clarifies that the statute does not prohibit the use of the information in the prosecution of crimes that (1) are committed by the applicant after the issuance of the identification card or (2) are revealed by the criminal history check undertaken pursuant to the statute.

Directs the DMV to work with other state and local agencies, including the State Board of Elections, the Department of Health and Human Services, the Department of Public Instruction, and the Department of Public Safety, on an ongoing basis to ensure that limited identification cards are not used to obtain public benefits for which only citizens and lawfully present persons are eligible. 

Amends GS 20-37.9 (Notice of change of address or name) to expand the scope of the existing provisions to include a person whose address or name changes from that stated on a limited identification card. Adds that GS 20-37.8A sets the fee for a limited identification card.

Enacts GS 143B-967, directing the Department of Public Safety (DPS) to, upon request, provide the DMV the criminal history from the state and national repositories of criminal histories of applicants age 16 or older for limited identification cards. Requires the DMV to provide with the request the fingerprints of the person who is the subject of the record check and a signed consent form, as specified, by the person who is the subject of the record check. Provides for the fingerprints to be sent to the State Bureau of Investigation and the Federal Bureau of Investigation for criminal history searches and checks. Directs that the DMV is to keep information obtained pursuant to the statute confidential. Allows DPS to charge a fee for costs incurred in conducting the criminal record check, not to exceed the actual costs of locating, editing, researching, and retrieving the information. Permits DPS to enter into a contract with a third party to conduct the criminal history record check. 

Amends GS 18B-302 (concerning the sale to or purchase by underage persons of alcohol) to expand the existing defenses to a violation of the statute, providing a defense when (1) the seller shows that the purchaser produced a limited identification card issued under GS 20-37.8A showing the purchaser to be at least the required age to purchase and bearing a physical description of the person named on the card that reasonably describes the purchaser or (2) the seller shows at the time of purchase that the purchaser used a biometric identification system that demonstrated the purchaser to be at least of age and the purchaser had previously registered with the seller or the seller's agent a limited identification card issued under GS 20-37.8A. Makes clarifying and technical changes.

Amends GS 18C-131 (Sales and sale price of tickets and shares; sales to minors prohibited) to expand the existing defense to a violation of the statute, providing a defense when the seller shows that the purchaser produced a limited identification card issued under GS 20-37.8A showing the purchaser to be at least 18 years old and bearing a physical description of the person named on the card that reasonably describes the purchaser. Makes technical changes.

Amends GS 19A-32.1 (Minimum holding period for animals in animal shelter; public viewing of animals in animal shelters; disposition of animals) to add a limited identification card issued under GS 20-37.8A to the valid forms of identification that can be presented to an animal shelter by a person to whom an animal is released. 

Amends GS 20-7.3 (Availability of organ, eye, and tissue donor cards at motor vehicle offices) to make donor cards and organ donation information available at DMV offices authorized to issue limited identification cards. Makes technical changes.

Makes conforming changes to GS 20-43 (Records of Division).

Amends GS 20-43.2 (Internet access to organ donation records by organ procurement organizations) to include the specified data of a donor or prospective donor's special identification card or limited identification card number on the Donor Registry. Makes conforming changes.

Amends GS 20-52 (Application for registration and certificate of title) to allow an application to the DMV for a certificate of title, a registration plate, and a registration card for a vehicle to provide the owner's NC limited identification card number alternatively to the owner's NC driver's license number or NC special identification card number. 

Amends GS 20-34.1 (Violations for wrongful issuance of a drivers license or an identification card) to make the existing provisions applicable to both special identification cards and limited identification cards. 

Amends GS 25-9-503 (Name of debtor and secured party) to establish that a financing statement sufficiently provides the name of the debtor if, along with meeting other existing requirements, the debtor is an individual to whom the State has issued a limited identification card that has not expired and the financing statement provides the name of the individual which is indicated on the limited identification card. Makes conforming, technical, and clarifying changes. 

Amends GS 66-253 (Display of identification card upon request) to include a limited identification card issued under GS 20-37.8A to the forms of identification that must be presented by an individual who is a peddler, itinerant merchant, specialty market operator, or specialty market vendor upon request of any customer, state or local revenue agent, or law enforcement agent, as specified. 

Amends GS 66-254 (Records of source of new merchandise), to allow a limited identification card issued by the DMV to be used in the place of the seller's driver's license for the purpose of providing and verifying information required under the statute. 

Amends GS 90-106.1 (Photo ID requirement for Schedule II controlled substances) to allow a person seeking the dispensation of the specified substances to present a permitted pharmacy a valid, unexpired limited identification card issued under GS 20-37.8A.

Effective January 1, 2018.

Part III

Enacts GS 64-6, providing that possession of a limited identification card issued under GS 20-37.8A by itself cannot be used for a criminal investigation, arrest, or detention in circumstances in which a person who possesses some other form of identification would not be criminally investigated, arrested, or detained. Effective January 1, 2018.

Part IV provides a severablility clause. 

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