(a)        The following documents are not acceptable for use in determining a person’s actual identity or residency by a justice, judge, clerk, magistrate, law enforcement officer, or other government official:

(1)        A matricula consular or other similar document, other than a valid passport, issued by a consulate or embassy of another country.

(2)        An identity document issued or created by any person, organization, county, city, or other local authority, except where expressly authorized to be used for this purpose by the General Assembly.

(b)        No local government or law enforcement agency may establish, by policy or ordinance, the acceptability of any of the documents described in subsection (a) of this section as a form of identification to be used to determine the identity or residency of any person. Any local government policy or ordinance that contradicts this section is hereby repealed.

(c)        Notwithstanding subsection (a) of this section, documents described in subdivision (2) of subsection (a) of this section may be used by a law enforcement officer to assist in determining the identity or residency of a person when they are the only documents providing an indication of identity or residency available to the law enforcement officer at the time. ?(2015-264, s. 36.3; 2015-294, s. 11.)

Terms Used In North Carolina General Statutes 15A-311

  • Document: means any pleading, criminal process, subpoena, complaint, motion, application, notice, affidavit, commission, waiver, consent, dismissal, order, judgment, or other writing intended in a criminal or contempt proceeding to authorize or require an action, to record a decision or to communicate or record information. See North Carolina General Statutes 15A-101.1
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3