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 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 shall make a query of Immigration and Customs Enforcement of the United States Department of Homeland Security.
(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 unless a request, approval, or other instruction has been provided to the local confinement facility by the federal government.
(d)	Repealed by Session Laws 2010‑97, s. 12, effective July 20, 2010.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 Joint Legislative Oversight Committee on Justice and Public Safety. The Committee shall make the reports available to the public."
SECTION 2.  G.S. 153A‑145.5(b) reads as rewritten:
"(b)	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 conducting enforcement activities, including direct communication with the individual and access to any pertinent information or records pertaining to the individual incarcerated at a county jail, local confinement facility, district confinement facility, satellite jail, or work release unit."
SECTION 3.  G.S. 160A‑205.2(b) reads as rewritten:
"(b)	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 conducting enforcement activities, including direct communication with the individual and access to any pertinent information or records pertaining to the individual incarcerated at a county jail, local confinement facility, district confinement facility, satellite jail, or 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.
(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.