Bill Summary for H 10 (2023-2024)

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Summary date: 

Apr 30 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 10 (Public) Filed Wednesday, January 25, 2023
AN ACT TO REQUIRE COMPLIANCE WITH IMMIGRATION DETAINERS AND ADMINISTRATIVE WARRANTS, TO REQUIRE CERTAIN REPORTS FROM LOCAL LAW ENFORCEMENT, AND TO AUTHORIZE THE ATTORNEY GENERAL TO SEEK A COURT ORDER FOR FAILURE TO COMPLY.
Intro. by D. Hall, B. Jones, Saine, Carson Smith.

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Bill summary

Senate committee substitute to the 2nd edition makes the following changes.

Amends GS 162-62 by requiring adoption of a policy for compliance with the new provisions related to compliance with detainers.

Adds new GS 162-63, establishing a complaint procedure for any person, including a federal agency, to file a complaint with the Attorney General alleging that an administrator (as defined) has failed or is failing to comply with GS 162-62 as amended by the act. Requires petitioner to include any evidence of noncompliance the person has in support of the petition. Requires administrators to comply with any document requests from the Attorney General relating to a complaint. Allows for the Attorney General to file a petition for declaratory or injunctive relief, mandamus, or other relief in the Superior Court for Wake County, or the superior court of the county where the facility is located, against the administrator.  Requires the court to issue an injunction if it finds that an administrator is not in compliance with GS 162-62 and provides for continuing jurisdiction.  Provides for orders approving consent decrees and for an appeal. 

Removes appropriation of $278,994 in recurring funds for each year of the 2023-2025 biennium from the General Fund to the Department of Health and Human Services, Division of Health Services Regulation, Construction Section to be used to hire two full-time Jail Inspectors.

Changes effective date to July 1, 2024, and applies to offenses committed and persons released from custody on or after that date. Makes conforming changes to the act’s long title.