Bill Summary – FastDemocracy

H.B. 370
                           GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               Mar 14, 2019
                                       SESSION 2019                                       HOUSE PRINCIPAL CLERK
     H                                                                                                   D
                                    HOUSE BILL DRH10170-ND-12A
     Short Title:    Require Sheriff Cooperation with ICE.                                         (Public)
     Sponsors:       Representatives D. Hall, Jones, Saine, and C. Smith (Primary Sponsors).
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO REQUIRE LOCAL LAW ENFORCEMENT TO HOLD PRISONERS SUBJECT
     TO UNITED STATES DEPARTMENT OF HOMELAND SECURITY DETAINERS, TO
     CREATE A PRIVATE RIGHT OF ACTION AGAINST LOCAL JURISDICTIONS THAT
     DO NOT COMPLY WITH STATE LAWS RELATED TO IMMIGRATION, AND TO
     ENCOURAGE COMMUNITY OUTREACH PROGRAMS.
 The General Assembly of North Carolina enacts:
              SECTION 1. G.S. 162-62 reads as rewritten:
 "§ 162-62. Legal status of prisoners.
     (a)      When any person charged with a felony criminal offense or an impaired driving
 offense is confined for any period in a county jail, local confinement facility, district confinement
 facility, or satellite jail/work release unit, the administrator or other person in charge of the
 facility shall attempt to determine if the prisoner is a legal resident of the United States by an
 inquiry of the prisoner, or by examination of any relevant documents, or both.
     (b)      If the administrator or other person in charge of the facility is unable to determine if
 that prisoner is a legal resident or citizen of the United States or its territories, the administrator
 or other person in charge of the facility holding the prisoner, where possible, prisoner shall make
 a query of Immigration and Customs Enforcement of the United States Department of Homeland
 Security. If the prisoner has not been lawfully admitted to the United States, the United States
 Department of Homeland Security will have been notified of the prisoner's status and
 confinement at the facility by its receipt of the query from the facility.
     (b1) If the prisoner is subject to an immigration detainer request issued by the United States
 Department of Homeland Security, the facility shall:
              (1)     Comply with, honor, and fulfill any request made in the detainer request
                      provided by the federal government.
              (2)     Inform the prisoner that the prisoner is being held pursuant to an immigration
                      detainer request issued by the United States Department of Homeland
                      Security.
     (b2) The administrator or other person in charge of the facility is not required to comply
 with subsection (b1) of this section with respect to a person who is a victim of or witness to a
 criminal offense, is reporting a criminal offense, or has provided proof that the person is a citizen
 of the United States or that the person has lawful immigration status in the United States.
     (c)      Nothing in this section shall be construed to deny bond to a prisoner or to prevent a
 prisoner from being released from confinement when that prisoner is otherwise eligible for
 release.release unless a request, approval, or other instruction has been provided to the local
 confinement facility by the federal government.
                                    *DRH10170-ND-12A*
     General Assembly Of North Carolina                                                   Session 2019
     (d)      Repealed by Session Laws 2010-97, s. 12, effective July 20, 2010.
     (e)      Beginning January 1, 2020, and annually thereafter, the administrator or other person
 in charge of the facility shall report the number of queries performed under subsection (b) of this
 section and the results of those queries to the Governor's Crime Commission of the Department
 of Public Safety. The Commission shall make the reports available to the public."
              SECTION 2. G.S. 153A-145.5(b) reads as rewritten:
     "(b) No Except as provided in G.S. 162-62(b2), no county shall do any of the following
 related to information regarding the citizenship or immigration status, lawful or unlawful, of any
 individual:
              (1)     Prohibit law enforcement officials or agencies from gathering such
                      information.
              (2)     Direct law enforcement officials or agencies not to gather such information.
              (3)     Prohibit the communication of such information to federal law enforcement
                      agencies.
              (4)     Prohibit federal law enforcement officers from entering and conducting
                      enforcement activities at a county jail, local confinement facility, district
                      confinement facility, or satellite jail/work release unit."
              SECTION 3. G.S. 160A-205.2(b) reads as rewritten:
     "(b) No Except as provided in G.S. 162-62(b2), no city shall do any of the following
 related to information regarding the citizenship or immigration status, lawful or unlawful, of any
 individual:
              (1)     Prohibit law enforcement officials or agencies from gathering such
                      information.
              (2)     Direct law enforcement officials or agencies not to gather such information.
              (3)     Prohibit the communication of such information to federal law enforcement
                      agencies.
              (4)     Prohibit federal law enforcement officers from entering and conducting
                      enforcement activities at a county jail, local confinement facility, district
                      confinement facility, or satellite jail/work release unit."
              SECTION 4. Chapter 64 of the General Statutes is amended by adding a new Article
 to read:
                                                "Article 3.
           "Local Government Noncompliance With State Laws Related to Immigration.
 "§ 64-40. Private enforcement.
     (a)      In addition to any other remedies at law or in equity, any person who resides within
 the jurisdiction of a city, county, or local law enforcement agency that the person believes is not
 in compliance with a State law related to immigration may bring an action for declaratory and
 injunctive relief. Such action shall be filed in the superior court of any county in which the
 defendant city, county, or local law enforcement agency has jurisdiction. The court shall award
 the prevailing party in an action brought under this section reasonable attorneys' fees and court
 costs as authorized by law.
     (b)      The court shall impose a civil penalty against any city, county, or law enforcement
 agency that fails to comply with an order issued as a result of an action pursuant to this section
 as follows:
              (1)     For a first offense, not less than one thousand dollars ($1,000) and not more
                      than one thousand five hundred dollars ($1,500) per day for each day the city,
                      county, or local law enforcement agency fails to comply with the order.
              (2)     For each subsequent offense, not less than twenty-five thousand dollars
                      ($25,000) and not more than twenty-five thousand five hundred dollars
                      ($25,500) for each day the city, county, or local law enforcement agency fails
                      to comply with the order.
     Page 2                                                                       DRH10170-ND-12A
     General Assembly Of North Carolina                                                    Session 2019
    (c)     As used in this section, the following definitions apply:
            (1)    Local law enforcement agency. – A city police department, a county police
                   department, or a sheriff's office.
            (2)    State law related to immigration. – G.S. 153A-145.5, 160A-205.2, or 162-62."
            SECTION 5. Article 13 of Chapter 160A is amended by adding a new section to
 read:
 "§ 160A-290. Community outreach.
     The chief of police of a local police department or of a county police department may adopt
 a written policy requiring the agency to perform community outreach activities to educate the
 public that a law enforcement officer may not inquire into the immigration status of a victim of
 or witness to an alleged criminal offense unless the officer determines that the inquiry is
 necessary to investigate the offense or provide the victim or witness with information about
 federal visas designated to protect individuals providing assistance to law enforcement. A policy
 adopted under this section must include outreach to victims of sexual assault and domestic
 violence."
             SECTION 6. Article 3 of Chapter 162 of the General Statutes is amended by adding
 a new section to read:
 "§ 162-27. Community outreach.
     The sheriff may adopt a written policy requiring the agency to perform community outreach
 activities to educate the public that a law enforcement officer may not inquire into the
 immigration status of a victim of or witness to an alleged criminal offense unless the officer
 determines that the inquiry is necessary to investigate the offense or provide the victim or witness
 with information about federal visas designated to protect individuals providing assistance to law
 enforcement. A policy adopted under this section must include outreach to victims of sexual
 assault and domestic violence."
             SECTION 7. This act becomes effective December 1, 2019.
     DRH10170-ND-12A                                                                             Page 3
Statutes affected: 
Filed: 162-62, 153A-145.5, 160A-205.2
Edition 1: 162-62, 153A-145.5, 160A-205.2
Edition 2: 162-62, 153A-145.5, 160A-205.2
Edition 3: 162-62, 128-16
Ratified: 162-62, 128-16