What to know about the NC laws taking effect in October

Several bills passed by the North Carolina General Assembly took effect on Oct. 1. The new laws address several issues, including immigration enforcement, crime legislation, and child welfare. Here’s what to look out for. 

Heightened immigration enforcement 

Local law enforcement will be required to further involve federal immigration authorities in pretrial investigation processes as stipulated by Senate Bill 318. This bill requires sheriffs to notify Immigrations and Customs Enforcement (ICE) before releasing suspects held on immigration detainers, which are federal requests to hold an individual for up to 48 hours to allow for ICE to assume custody in accordance with federal law. The decision to release or detain individuals according to the detainer is left up to the discretion of the local jurisdiction and not compelled by federal law. SB 318 binds law enforcement to honor the detainer requests. The bill expands the list of offenses that will require authorities to involve ICE to include most violent felonies. 

Gov. Josh Stein said the 48-hour window of detention is “unconstitutional,” though he conceded that “those charged with serious offenses ought to receive increased scrutiny from federal immigration officials.” Stein vetoed the bill in June amid a wave of protests targeting immigration enforcement, but the veto was overridden by the General Assembly. 

Public safety protections 

Senate Bill 429 effects sweeping changes to criminal law in North Carolina. Proponents of the bill emphasize how it increases protections for victims of domestic violence and targets fentanyl distribution. Under SB 429, victims of domestic violence may file for a protective order without being a resident of North Carolina if the alleged incident occurred in state, increasing safeguards and protection for victims without the need for conviction. The bill criminalizes fentanyl use on several levels, from distribution, manufacturing, and possession. A conviction of possession can now carry up to $1 million in fines and over 23 years in state prison.  

Stein praised the bill after signing it into law in June but expressed concern that it “penalizes addiction.”  

Supporting child welfare 

House Bill 612 implements widespread reforms to North Carolina’s foster care system that passed both the House and Senate unanimously, which Stein then signed into law. HB 612 overhauls the standing approach to foster care, juvenile procedures, child protective services, and other social services. It expands eligibility for the state’s Guardianship Assistance Program, which provides aid to the guardians of children when a court has determined reunification with the family or adoption is impossible. The bill expands protections for juveniles at risk by allowing judges to issue no contact orders, tightening criminal background checks for city and county employees who work with children, and expanding court oversight of unsupervised visitation and reunification. 

The bill was praised by community leaders.

“It would give caregivers a real voice in court, recognizing that those of us walking daily with these children often understand their needs most clearly.” said Gaile Osborne, executive director of Foster Family Alliance of North Carolina, to Carolina Journal. “And it would bring much-needed transparency and accountability to child welfare decisions — decisions that can change the entire course of a child’s life.” 

Read more about the bills going into effect here. 

“What to know about the NC laws taking effect in October” was originally published on www.carolinajournal.com.