A BILL TO BE ENTITLED AN ACT TO PROVIDE PUBLIC ACCESS TO CERTAIN INFORMATION MAINTAINED BY CAMPUS POLICE AGENCIES AFFILIATED WITH PRIVATE, NONPROFIT INSTITUTIONS OF HIGHER EDUCATION. Enacted June 12, 2013. Effective June 12, 2013.
Summary date: Jun 13 2013 - View summary
Bill H 142 (2013-2014)Summary date: Mar 7 2013 - View summary
House committee substitute makes the following changes to the 1st edition. Adds definitions for violations of the law and complaining witness. Makes conforming technical changes.
Bill H 142 (2013-2014)Summary date: Feb 21 2013 - View summary
Adds a new section to the Campus Police Act (GS Chapter 75G) governing custody and disclosure of records maintained by campus police agencies of institutions of higher education certified under the Act. New GS 74G-5a specifies that each such certified agency is the legal custodian of its records and that the records maintained by private, nonprofit institutions are not public records under the state's Public Records Law. Specifies further that certain information maintained by certified campus police agencies is to be available for public inspection: (a) time, date, location, and nature of a violation of law reported to the agency; (b) name, sex, age, address, employment, and alleged violation of a person arrested, charged, or indicted; (c) circumstances surrounding an arrest, including time and place, resistance, weapons, or pursuit; (d) contents of emergency calls, not including the voice and certain identifying information of the caller; (e) contents of communications between employees of the agency broadcast over the public airways; (f) name, sex, age, and address of a complaining witness; and (g) the agency's daily log of crimes. Release of this information is subject to restrictions found in the federal Cleary Campus Crime Act and the federal Family Educational Rights and Privacy Act. Copies of this information are to be made available upon payment of the actual costs of copying. Information concerning a complaining witness may be withheld if disclosure could endanger the witness or materially compromise the criminal investigation. Such withholding may be challenged in superior court. An agency may seek a court order permitting nondisclosure if disclosure would jeopardize the prosecution of the matter or the ability of the defendant to provide a proper defense. Provides that information that would not be required to be disclosed under GS Chapter 15A (the Criminal Procedure Act) need not be disclosed and that information that would identify a confidential informant need not be disclosed.