Criminal Justice

HB 318 requires North Carolina county jails and detention facilities to check the immigration status of individuals charged with specific offenses (including certain felonies, misdemeanors, and impaired driving) and to notify U.S. Immigration and Customs Enforcement (ICE) if a detainer is issued. If ICE issues a detainer, facilities must hold the person for up to 48 hours (or until ICE takes custody) and notify ICE 2 hours before the person would otherwise be released. For pretrial defendants facing similar charges, the bill mandates a two-hour hold to allow ICE to issue a detainer; if none is received, the defendant must be released. The law also shields state officials from liability when following these procedures.

This bill revises North Carolina's burglary and breaking-and-entering laws to increase penalties when a firearm or deadly weapon is used. It raises the felony classification by one level for offenses like burglary (first/second degree), breaking out of a dwelling at night, or entering a building with intent to commit a felony or terrorize occupants, if a weapon was present during the crime. The law directly affects individuals convicted of these specific offenses when a firearm was involved, not the general public. It does not change sentencing for weapon-free offenses or address police pay, despite the title "Back the Blue Pay Act" suggesting otherwise. The changes take effect December 1, 2025.

HB 307, "Iryna's Law," modifies North Carolina's pretrial release rules for defendants charged with specific violent offenses, including murder, rape, and certain sexual offenses against children. It requires police to inform judicial officials about defendant behavior observed during arrest that suggests danger to self/others, and restricts pretrial release for those charged with the listed violent crimes. The bill also extends probation terms for youth convicted of violent offenses, mandates victim notification when probation ends, and appropriates funds for additional legal staff in Judicial District 26. These changes directly affect defendants facing violent crime charges, victims, and court resources in the specified district.