A BILL TO BE ENTITLED
AN ACT to provide that a person convicted of an offense in another state that requires registration as a sex offender must also register in north carolina and to require the division of motor vehicles to check the national sex offender public registry for an applicant's name before issuing either a drivers license or special identification card.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑208.6(4) reads as rewritten:
"(4)	'Reportable conviction' means:
a.	A final conviction for an offense against a minor, a sexually violent offense, or an attempt to commit any of those offenses unless the conviction is for aiding and abetting. A final conviction for aiding and abetting is a reportable conviction only if the court sentencing the individual finds that the registration of that individual under this Article furthers the purposes of this Article as stated in G.S. 14‑208.5.
b.	A final conviction in another state of an offense, which if committed in this State, is substantially similar to an offense against a minor or a sexually violent offense as defined by this section.
c.	A final conviction in a federal jurisdiction (including a court martial) of an offense, which is substantially similar to an offense against a minor or a sexually violent offense as defined by this section.
d.	A final conviction for a violation of G.S. 14‑202(d), (e), (f), (g), or (h), or a second or subsequent conviction for a violation of G.S. 14‑202(a), (a1), or (c), only if the court sentencing the individual issues an order pursuant to G.S. 14‑202(l) requiring the individual to register.
e.	A final conviction in another state of an offense which requires registration under the sex offender registration statutes of that state."
SECTION 2.  G.S. 20‑9 is amended by adding a new subsection to read:
"(i)	  The Division shall not issue a drivers license to an applicant from another state until the Division has searched the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in another state. If the Division finds that the person is currently registered as a sex offender in another state, the Division shall not issue a drivers license to the person until the person submits proof of registration pursuant to Article 27A of Chapter 14 of the General Statutes. If the person does not appear on the National Sex Offender Public Registry, the Division shall issue a drivers license but shall require the person to sign an affidavit acknowledging that the person has been notified that if the person is a sex offender, then the person is required to  register pursuant to Article 27A of Chapter 14 of the General Statutes.
If the Division is unable to access the National Sex Offender Public Registry, but the person is otherwise qualified to obtain a drivers license, then the Division shall issue the drivers license but shall first require the person to sign an affidavit stating that:  (i) the person does not appear on the National Sex Offender Public Registry  and (ii) acknowledging that the person has been notified that if the person is a sex offender, then the person is required to  register pursuant to Article 27A of Chapter 14 of the General Statutes. The Division shall check the National Sex Offender Public Registry for the person's name within a reasonable time after access to the Registry is restored. If the person's name does appear in the National Sex Offender Public Registry, the person is in violation of G.S. 20‑30, and the Division shall immediately revoke the drivers license as provided by G.S. 20‑17 and shall notify the appropriate law enforcement officer of the offense. The law enforcement officer shall obtain a warrant for the person's arrest and take the person into custody."
SECTION 3.  G.S. 20‑37.7 is amended by adding a new subsection to read:
"(b1)	Check National Sex Offender Public Registry. – The Division shall not issue a special identification card to an applicant from another state until the Division has searched the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in another state. If the Division finds that the person is currently registered as a sex offender in another state, the Division shall not issue a special identification card to the person until the person submits proof of registration pursuant to Article 27A of Chapter 14 of the General Statutes. If the person does not appear on the National Sex Offender Public Registry, the Division shall issue a special identification card but shall require the person to sign an affidavit acknowledging that the person has been notified that if the person is a sex offender then, the person is required to  register pursuant to Article 27A of Chapter 14 of the General Statutes.
If the Division is unable to access the National Sex Offender Public Registry, but the person is otherwise qualified to obtain a special identification card, then the Division shall issue the card but shall first require the person to sign an affidavit stating that:  (i) the person does not appear on the National Sex Offender Public Registry  and (ii) acknowledging that the person has been notified that if the person is a sex offender, then the person is required to  register pursuant to Article 27A of Chapter 14 of the General Statutes. The Division shall check the National Sex Offender Public Registry for the person's name within a reasonable time after access to the Registry is restored. If the person's name does appear in the National Sex Offender Public Registry, the person is in violation of G.S. 20‑37.8, and the Division shall immediately notify the appropriate law enforcement officer of the offense. The law enforcement officer shall obtain a warrant for the person's arrest and take the person into custody."
SECTION 4.  This act becomes effective December 1, 2006, and applies to all applications for a drivers license or special identification card submitted on or after that date and to all offenses committed on or after that date.