North Carolina SB 58: AG/Restrict Challenge to Presidential EOs.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 3
SENATE BILL 58
Judiciary Committee Substitute Adopted 2/26/25
Third Edition Engrossed 3/11/25

Short Title: AG/Restrict Challenge to Presidential EOs. (Public)
Sponsors:
Referred to:
February 6, 2025
*S58-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO LIMIT THE ATTORNEY GENERAL'S PARTICIPATION IN LITIGATION 2
THAT WOULD RESULT IN THE INVALIDATION OF ANY EXECUTIVE ORDER 3
ISSUED BY THE PRESIDENT OF THE UNITED STATES AND TO REQUIRE THE 4
ATTORNEY GENERAL TO SUBMIT A REPORT REGARDING VIOLATIONS OF 5
G.S. 14-277. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. G.S. 114-2.8, as enacted by Section 3D.1 of S.L. 2024-57, reads as 8
rewritten: 9
"§ 114-2.8. Limitation on participation in foreign certain litigation. 10
(a) The Attorney General shall not, as a party, amicus, or any other participant in an 11
action pending before a state or federal court in another state, advance any argument that would 12
result in the invalidation of any statute enacted by the General Assembly. 13
(b) The Attorney General shall not, as a party, amicus, or any other participant, do either 14
of the following in any state or federal court: 15
(1) File an action that would result in the invalidation of an executive order issued 16
by the President of the United States. 17
(2) Advance any argument in a pending action that would result in the 18
invalidation of any executive order issued by the President of the United 19
States." 20
SECTION 2. No later than June 1, 2025, the Attorney General shall submit a report 21
to the Joint Legislative Oversight Committee on Justice and Public Safety containing the 22
following information to the extent the information is available: 23
(1) How many convictions for violations of G.S. 14-277 have been obtained from 24
January 1, 2021 through March 1, 2025. 25
(2) How many convictions for violations of G.S. 14-277 obtained from January 26
1, 2021 through March 1, 2025 were based on the defendant's impersonation 27
of an agent of the Immigration and Customs Enforcement of the United States 28
Department of Homeland Security. 29
The Attorney General shall request the required information and coordinate the 30
required response by requesting information from all necessary parties, including but not limited 31
to the North Carolina Administrative Office of the Courts, the North Carolina Conference of 32
District Attorneys, and any elected district attorney. 33
SECTION 3. Section 1 is effective when it becomes law and applies to actions filed 34
or commenced on or after that date. The remainder of this act is effective when it becomes law. 35