H619 Summary

• Directs the North Carolina Attorney General to file a lawsuit challenging whether the National Defense Authorization Act for Fiscal Year 2012 (NDAA) unconstitutionally suspends habeas corpus rights and denies the right to grand jury indictment and public jury trial for North Carolina residents.

• Establishes legislative findings asserting that the NDAA's authorization of detention and military law of war procedures threatens constitutional protections guaranteed by both the U.S. Constitution and North Carolina Constitution.

• Makes it unlawful in North Carolina to arrest, capture, detain, or use deadly force against any person under authority of the NDAA, effective only if a court rules the NDAA unconstitutional.

• Exempts from this prohibition the application of the Uniform Code of Military Justice (UCMJ) to military service members in actual military service during war or public danger.

• Provides that violations of the NDAA implementation ban shall be prosecuted as applicable state crimes including false imprisonment, assault, kidnapping, or homicide.