Bill Summary for H 318 (2025-2026)

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Summary date: 

Apr 15 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 318 (Public) Filed Wednesday, March 5, 2025
AN ACT TO MODIFY ELIGIBILITY FOR RELEASE AND REQUIRE NOTIFICATION OF RELEASE TO IMMIGRATION AND CUSTOMS ENFORCEMENT WHEN A PRISONER IS SUBJECT TO AN IMMIGRATION DETAINER AND ADMINISTRATIVE WARRANT.
Intro. by D. Hall, Carson Smith, B. Jones, Echevarria.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Removes the list of charged felonies triggering an examination into a detained person’s citizenship/residency status under GS 162-62, and instead has any felony trigger the inquiry. Makes technical and organizational change. Effective October 1, 2025 (was, December 1, 2025), and adds that it applies to any person confined in or released from a county jail, local confinement facility, district confinement facility, satellite jail or work release unit on or after that date.

Amends GS 15A-534 (governing pretrial release) to require judicial officials to attempt to determine if the defendant is a legal resident or citizen of the United States by an inquiry of the defendant, or by examination of any relevant documents, or both if the defendant is charged with an offense that would trigger a citizenship/residency inquiry under GS 162-62. Specifies that if the judicial official is unable to do so, then the official will set the conditions of pretrial release and commit the defendant to an appropriate detention facility to be fingerprinted, for a query of Immigration and Customs Enforcement of the United States Department of Homeland Security (ICE), and to be held for a period of two hours from ICE’s query. Specifies, that if, by the end of the two-hour period, no detainer and administrative warrant have been issued by ICE, the defendant will be released pursuant to the terms and conditions of the release order.  Directs for the defendant to be processed under GS 162-62 if ICE issues a detainer and administrative warrant before the end of the two-hour period. Effective October 1, 2025, and applies to any person appearing before a judicial official for a determination of pretrial release conditions on or after that date.

Specifies that the remainder of the act is effective October 1, 2025.