GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                     1

SENATE BILL 179

Short Title:        Failure to Carry or Complete Alien Reg. Docs.		(Public)
Sponsors:	Senators East;  Hise, Pate, and Tillman.
Referred to:	Rules and Operations of the Senate.

March 3, 2011

A BILL TO BE ENTITLED

AN ACT to create the crime of willful failure to carry or complete an alien registration document.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 14 of the General Statutes is amended by adding a new Article to read:

"Article 62.

"Crimes Related to Immigration.

"§ 14-465.  Willful failure to complete or carry an alien registration document.

(a) Offense. - In addition to any violation of federal law, a person commits the offense of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304(e) or § 1306(a).

(b) Classification. - Willful failure to complete or carry an alien registration document is a Class 1 misdemeanor, except that the maximum fine is one hundred dollars ($100.00) and the maximum imprisonment is 20 days for a first offense and 30 days for subsequent offenses.

(c) Verification of Status. - In enforcing this section, a person's immigration status may  be determined by either of the following:

(1) A law enforcement officer who is authorized by the federal government to verify or ascertain a person's immigration status.

(2) A federal agency pursuant to 8 U.S.C. § 1373(c).

(d) Cost of Confinement. - In addition to any other penalty prescribed by law, the court shall order a person convicted of the offense described in subsection (a) of this section to pay the costs of the offender's confinement.

(e) Nondiscrimination. - Law enforcement officers and agencies shall not consider race, color, or national origin in the enforcement of this section.

(f) Exception. - This section does not apply to a person who maintains authorization from the federal government to remain in the United States.

(g) Admissibility of Records. - Any record that relates to the immigration status of a person is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record."

SECTION 2.  This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.