Bill Summaries: S300 (2021)

Tracking:
  • Summary date: May 12 2021 - View summary

    Senate amendment makes the following changes to the 3rd edition.

    Part XXI.

    Revises the proposed changes to GS 14-233, which expands the penalties relating to the offense of resisting an officer, no longer defining the term physical injury. Amends the proposed Class I felony for resisting, delaying or obstructing a public officer in discharging an official duty to require it to be the proximate cause of an officer's serious injury (was, physical injury).


  • Summary date: May 11 2021 - View summary

    Senate committee substitute to the 2nd edition makes the following changes. 

    Part II.

    Revises proposed GS 143B-972.1 to require the State Bureau of Investigation (SBI) to provide the NC Criminal Justice Education and Training Standards Commission and the NC Sheriffs' Education and Training Standards Commission (hereinafter the Commissions) the criminal history of any applicant for certification or any person certified as a criminal justice officer or justice officer only, no longer also including any other position that requires certification by the Commission. More specifically requires employing agencies to provide the SBI fingerprints of any applicant for certification and certified criminal justice officers or justice officers (was certified officers only).

    Part III.

    Revises new GS 17C-15 and GS 17E-15, now allowing an officer required to report to the Criminal Justice Standards Division of the Department of Justice (Division) as being involved in a critical incident to request a hearing in superior court for a determination of whether the officer's involvement was properly placed in the database (was given the right to request a contested case hearing under GS Chapter 150B).

    Part IV.

    Revises GS 17C-16, concerning persons certified by the NC Criminal Justice Education and Training Standards Commission, and GS 17E-16, concerning persons certified by the NC Sheriffs' Education and Training Standards Commission, which each require a certified individual, or any individual who has received a conditional offer of employment, who has been notified that the individual will not be called to testify at trial based on bias, interest, or lack of credibility to report to and provide a copy of the notification to the Criminal Justice Standards Division (under GS 17C-16) or the Justice Officers' Standards Division (under GS 17E-16), as appropriate, within 30 days of receiving the notification. Regarding the required annual reports of the Commissions to the specified NCGA committee of the individuals for whom the Division has received a report during the previous calendar year, aligns the provisions of each statute to require the report to include information for each case on whether a final agency decision has been entered and what action was taken, if any (no longer specifying agency final decisions pursuant to GS Chapter 150B in GS 17C-16). Now more specifically provides for a person to request judicial determination of a notification which might meet the reporting requirement, providing for a hearing in superior court (was a court of competent jurisdiction).

    Part VII.

    Revises the proposed requirements of GS 17C-10, concerning the NC Criminal Justice Education and Training Standards Commission and criminal justice officers, and GS 17E-7, concerning the NC Sheriff's Education and Training Standards Commission and justice officers, for both Commissions to include the administration of a psychological screening exam, including an in-person interview conducted by a licensed psychologist. Now specifically requires the exam to be given prior to certification, or prior to the officer performing any action requiring certification by the Commission (was and prior to employment) to determine the officer's mental and emotional suitability to properly fulfill the responsibilities of a criminal justice or justice officer, respectively. Makes a technical correction to GS 17E-7.

    Part XX.

    Enacts GS 14-208.39, stating legislative findings regarding the efficacy of the GPS monitoring program in deterring criminal behavior among sex offenders. 

    Deletes the proposed changes to GS 14-208.6, which provides for defined terms applicable to Article 27A (Sex Offender and Public Protection Registration Programs), to no longer define predatory recidivist, or revise the definition for sexually violent offense. Instead adds and defines the term reoffender as a person who has two or more convictions for a felony that is described in GS 14-208.6(4) as a reportable conviction.

    Deletes the proposed changes to GS 14-208.40 and now provides for the sex offender monitoring program established by the Division of Adult Correction and Juvenile Justice to be designed to monitor offenders convicted of a reportable conviction who are required to register due to classification as a reoffender, among other classifications, and to no longer include monitoring of recidivists. Additionally modifies the directive to include monitoring of the class of offenders convicted of GS 14-27.23 (statutory rape of a child) or GS 14-27.28 (statutory sex offense with a child) to require enrollment in the program for the later of 10 years after the termination of the offender's active punishment or completion of any period of probation (was for the offender's natural life upon termination of the offender's active punishment).

    Deletes the proposed changes to GS 14-208.40A and now amends the statute to require the district attorney to present evidence and the court to make a finding that the offender is a reoffender, no longer providing for evidence or required findings regarding the offender being a recidivist. Rather than requiring a court to order enrollment in a satellite based monitoring program, now requires a court finding that the offender has been classified as a sexually violent predator, is a reoffender (was recidivist), has committed an aggravated offense, or was convicted of GS 14-27.23 or GS 14-27.28, to order that the Division of Adult Correction and Juvenile Justice do a risk assessment of the offender within 60 days and report to the court, whereupon the court must order enrollment in the program for the later of a period of 10 years after the termination of the offender's active punishment or the completion of any period of probation, only if the court determines that the offender requires the highest possible level of supervision and monitoring based on the Division's assessment. Additionally, caps the period of time a court can order enrollment of an offender who committed an offense that involved the physical, mental, or sexual abuse of a minor which is not an aggravated offense or a violation of GS 14-27.23 or GS 14-27.28, and the offender is not a reoffender, to the later of a period of 10 years after the termination of the offender's active punishment or the completion of any period of probation. Makes changes to GS 14-208.40B to align the enrollment procedures and requirements with those of GS 14-208.40A, as amended, for hearings brought on behalf of the Division when an offender is convicted of a reportable conviction and no determination has been made by a court on enrollment.

    Amends GS 14-208.41, providing for the duration of enrollment in the satellite-based monitoring program for a period required by GS 14-208.40A or GS 14-208.40B, as those statutes are amended, unless the requirement to enroll in the satellite-based monitoring program is terminated or modified pursuant to GS 14-208.43, as amended (was for registration period imposed under GS 14-208.23, which is the person's life, unless the requirement is terminated). 

    Deletes the proposed changes to GS 14-208.43 and instead provides the following. Allows an offender meeting the description of GS 14-208.40(a)(1) or (a)(3) who is required to submit to satellite-based monitoring for life to petition for termination or modification of the requirement with the superior court in the county where the conviction occurred five years from the date of initial enrollment in the program under Article 27A or the laws of another jurisdiction (currently only provides for requesting termination of the requirement with the Post Release Supervision and Parole Commission, and does not provide a waiting period). Makes conforming deletions of the procedure regarding the previous method of requests to the Commission. Now requires the appropriate district attorney to be given at least three weeks' notice before the hearing. Provides for the petitioner and the district attorney to present evidence at the hearing. Allows for the victim of the underlying offense to appear and be heard at the hearing, as described, and to receive notice if so elected, as specified, with a judge charged with inquiring as to whether the victim is present and wishes to be heard. Provides for the petition to be granted only if the court makes specified findings, including that the petitioner has not been arrested for any crime that would require registration under the Article since completing the sentence. Defines the court's authority in issuing an order, including requiring continued enrollment for 10 years after the later of 10 years form the termination of the defender's active punishment or the completion of any period probation, or continuing the requirement for a specified period not to exceed that specified period. Sets a two year waiting period between petitions following denial. Requires orders granting the petition to be forwarded to the Commission. Makes conforming changes to GS 14-208.42.

    Effective December 1, 2021 (was October 1, 2021). 

    Maintains the directive for the Division of Adult Correction and Juvenile Justice to provide elected District Attorneys a list of individuals residing in their respective district that is subject to State v. Grady (NC 2019), and requires review by the DA or Attorney General of every class member. Makes technical and clarifying changes.

    Adds the following new content.

    Part XXI.

    Amends GS 14-233, which provides the Class 2 misdemeanor offense of resisting an officer, making the language gender neutral. Adds the following. Makes it a Class I felony to willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge an official duty, and the resistance, delay, or obstruction is the proximate cause of a public officer's physical injury, or if the proximate cause of the public officer's serious bodily injury, a Class F felony. Defines physical injury and serious bodily injury.

    Directs the Department of Public Safety (DPS) to create a targeted social media campaign and television commercials to address the concerns of not resisting arrest and raising public awareness about resisting, delaying, or obstructing law enforcement officers. Also requires DPS to post a public service announcement on its website containing legally accurate information regarding the public's responsibilities during traffic stops and other interactions with law enforcement.

    Makes the above provisions effective December 1, 2021.

    Directs DPS to provide the Division of Motor Vehicles (DMV) an internet link to the public service announcement for the DMV to make available on its website as well as broadcast the public service announcement on monitors at drivers office locations. 

    Part XXII.

    Amends GS 132-1.4A, which governs law enforcement agency recordings, enacting a new subsection (b1) to require any portion of a recording in the custody of a law enforcement agency that depicts a death or serious bodily injury to be disclosed, if requested, unredacted to a personal representative of the deceased, the injured individual, or a person representative on behalf of the injured individual, within five business days of (1) submission of the request or (2) the law enforcement agency petitioning the court to redact any portion of the recording under new subsection (b3). Adds and defines immediate family member to mean a spouse, parent, child, sibling, or court-appointed guardian. Revises the defined term personal representative to include licensed attorneys (was attorneys) as specified. Adds and defines serious bodily injury. Adds new subsection (b2), requiring the person requesting disclosure to sign a sworn affidavit of confidentiality under penalty of perjury, as specified. Provides for disclosure by the agency in a private setting and prohibits recording or copying the recording, with violations punishable as a Class 1 misdemeanor and knowing dissemination of a recording or copy disclosed pursuant to new subsection (b1) a Class I felony. Requires the portion requested to be unredacted and unedited except as permitted under new subsection (b3). New subsection (b3) allows an agency to motion for permission to redact the requested recordings; provides six factors the court must consider in reviewing the recording and determination whether the recording can be redacted for purposes of immediate disclosure. Details required notice of proceedings on the motion and participation to specified parties. Allows a court to order any conditions or restrictions on the disclosure that the court deems appropriate. Provides for scheduling and priority of such actions. Provides for appeal of a request for immediate disclosure under new subsection (b1) pursuant to subsection (e).

    Part XXVIII.

    Adds a severability clause. 

    Makes conforming organizational changes. Changes the act's long title. 


  • Summary date: May 5 2021 - View summary

    Senate committee substitute to the 1st edition makes the following changes. 

    Part I.

    Eliminates the previous content of Part I. and replaces it with the following. Enacts GS 17C-14 and GS 17E-14 to direct NC Criminal Justice Education and Training Standards Commission and the NC Sheriffs' Education and Training Standards Commission (hereinafter the Commissions) to develop and maintain a statewide database accessible to the public on their respective websites that contains all revocations and suspensions of law enforcement officer certifications by the respective Commission. Effective October 1, 2021. 

    Part II.

    Deletes the content of proposed GS 143B-972.1 and replaces it with the following. Requires the State Bureau of Investigation (SBI) to provide the Commissions the criminal history of any applicant for certification or any person certified as a criminal justice officer or justice officer, or any other position that requires certification by the Commission. Requires each employing agency to provide the fingerprints of certified officers and other identifying information as necessary. Establishes procedures for the criminal history checks and requires removal of an individual's fingerprints upon withdrawal of an application or upon separation from employment. Requires the SBI to enroll each individual whose fingerprints are received under this section in the Federal Bureau of Investigation's Next Generation Identification (NGI) System and Criminal Justice Record of Arrest and Prosecution Background (Rap Back) Service. Also requires the SBI to notify the certifying Commission of any subsequent arrest of an individual identified through the Rap Back Service. Provides for confidentiality of information obtained pursuant to this statute. 

    Requires all personnel certified by either Commission to have their fingerprints electronically submitted to the SBI for a criminal history check by June 30, 2023.

    Effective January 1, 2023. 

    Part III.

    Deletes the previous content of Part III. and replaces it with the following. 

    Enacts GS 17C-15 and GS 17E-15 to require the Criminal Justice Standards Division of the Department of Justice (Division) to develop and maintain a statewide database for use by law enforcement agencies that tracks all critical incident data of law enforcement officers in the state. Requires all law enforcement agencies in the state that employ personnel certified by the respective Commission to provide information requested by the Division to maintain the database. Makes information that is confidential under State or federal law remain confidential. Gives the officer reported as being involved in a critical incident to request a contested case hearing regarding the determination prior to the incident being placed in the database. Amends GS 17C-2 and GS 17E-2 to add and define critical incident as an incident involving any use of force by a law enforcement officer resulting in death or serious bodily injury to a person.

    Effective October 1, 2021.

    Part IV.

    Deletes the content of previous Part IV. and replaces it with the following.

    Enacts GS 17C-16, concerning persons certified by the NC Criminal Justice Education and Training Standards Commission, and GS 17E-16, concerning persons certified by the NC Sheriffs' Education and Training Standards Commission. Requires the certified individual, or any individual who has received a conditional offer of employment, who has been notified that the individual will not be called to testify at trial based on bias, interest, or lack of credibility to report to and provide a copy of the notification to the Criminal Justice Standards Division (under GS 17C-16) or the Justice Officers' Standards Division (under GS 17E-16), as appropriate, within 30 days of receiving the notification. Limits the reporting requirement to notifications: (1) in writing by a superior court judge, district court judge, federal judge, district attorney, assistant district attorney, US attorney, assistant US attorney, or the individual's agency head or (2) in open court by a superior court judge, district court judge, or federal judge, and documented in a written order. Provides for required content of the report. Also requires notification of the individual's agency head within the same time period, who then must report the notification to the named Division, as appropriate, within 30 days of the agency head's receipt of the individual's report. Requires the identified judicial officials and state and federal prosecutors who notify an individual that they may not be called to testify at trial as provided to report the notification to the named Division, as appropriate, and provide a copy of the written document or order within 30 days of notifying the individual. Requires the individual to provide the appropriate Division a copy of a document subsequently informing the individual that the notification has been rescinded. 

    Directs each named Division to provide a written notification to both the head of an agency to which a certification of any person required to report following the specified notification is transferred and the elected district attorney in the prosecutorial district where the agency is located of the previous notification. Provides for the Division to notify every elected district attorney statewide if the new agency is a State agency. Makes these provisions not applicable if a notification is subsequently rescinded in writing. 

    Directs each Commission to annually report to the specified NCGA committee regarding the number of individuals for whom their respective Division received a report required of individuals by the respective statute during the previous year, with specified information for each case, excluding identifying information. 

    Deems the reports and notifications received under each statute not public record. Provides for a person who has received notification that may meet the reporting requirement to apply for a judicial determination, with judicial review limited as specified, with one 15-day extension added to the reporting requirement if the respective Division is noticed of the hearing. 

    Applies to notifications received prior to, on, or after October 1, 2021, by persons required to report under the act. 

    Part V. 

    Now requires the Commissions to jointly develop uniform, statewide minimum standards for law enforcement officers and justice officers (was, only law enforcement officers) and adopt these standards as rules. Requires each Commission to report on the standards to the specified NCGA committee by December 31, 2021 (was, October 1, 2021). Allows each commission to adopt temporary rules and requires adopting permanent rules to comply with this act by December 31, 2022 (was October 1, 2022).

    Part VII.

    Deletes the proposed changes to GS 17C-6 (North Carolina Criminal Justice Education and Training Standards Commission) and GS 17E-4 (North Carolina Sheriffs' Education and Training Standards Commission), and instead amends the statutes to expand upon the Commissions' duties to establish minimum educational and training standards for criminal justice officers and justice officers as follows. Now requires standards for entry level employment as a criminal justice officer or justice officer to include education and training to develop knowledge and increase awareness of effective mental health and wellness strategies, and requires standards for in-service training to include training to develop knowledge and increase awareness of effective mental health and wellness strategies, with two hours of training required on this issue every three years.

    In developing the standards, encourages the Commissions to adopt standards that provide training conducted by mental health professionals and through face-to-face instruction.

    Amends GS 17C-10, concerning the NC Criminal Justice Education and Training Standards Commission and criminal justice officers, and GS 17E-7, concerning the NC Sheriff's Education and Training Standards Commission and justice officers, to require both Commissions to include the administration of a psychological screening exam, including an in-person interview conducted by a licensed psychologist, prior to certification or employment to determine the officer's mental and emotional suitability to properly fulfill the responsibilities of a criminal justice or justice officer, respectively. 

    Requires the Commissions to implement the above requirements by January 1, 2022. Makes the above provisions of this Part effective January 1, 2022.

    Requires both Commissions to regularly provide information on any statewide mental health resources specifically available to criminal justice officers or justice officers to all criminal justice agencies or departments in the state that employ officers certified by either Commission. 

    Requires all criminal justice agencies or departments in the state that employ certified criminal justice officers or certified justice officers to coordinate with the appropriate LME/MCO or prepaid health plan to make information on State and local mental health resources and programs easily available to all employees and develop policies to encourage employees to utilize the resources available. 

    Requires the Commissions to jointly study the benefits of requiring physical fitness testing throughout a law enforcement officer's career and whether that testing, if required, should be incrementally adjusted for age. Requires a report on their findings to the specified NCGA committee by March 31, 2022.

    Part VIII.

    Deletes the previous content of Part VIII. and replaces it with the following. Enacts GS 17A-10 to require every State agency that employs personnel certified by either Commission to develop and implement an early warning system to document and track the actions and behaviors of law enforcement officers, as defined, for intervention and performance improvement purposes. Requires inclusion of instances of the discharge of a firearm, instances of use of force, vehicle collisions, and citizen complaints. Deems information confidential. Effective December 1, 2021.

    Part IX.

    Makes technical changes to the directive requiring the Commissions to jointly develop a best practices guide to help law enforcement agencies recruit and retain a diverse workforce. Now requires a report to the specified NCGA committee by April 1, 2022 (was, March 1, 2022).

    Part X.

    Revises proposed GS 143B-919(b1) to require the SBI, when requested by the Governor, or a sheriff, chief of police, head of a State law enforcement agency, district attorney, or the Commissioner of Prisons (was, upon the request of the Governor only), to investigate and prepare evidence in the event of: (1) a sworn law enforcement officer with the power to arrest using force against an individual in the performance of the officer's duties that results in the death of, or serious bodily injury to, the individual; or (2) an individual in the custody of DPS, a State prison, a county jail, or a local confinement facility, regardless of the individual's physical location, dies or suffers serious bodily injury. No longer includes the event of a sworn law enforcement officer with the power to arrest discharging the officer's firearm in the performance of the officer's duties, excluding during training exercises. Defines the term serious bodily injury

    Part XI.

    Deletes the proposed changes to GS 17C-6, and GS 17E-4, as amended above, and instead amends the Commission's duties to establish minimum standards for in-service training for sworn law enforcement officers (previously not specified), to require the inclusion of training on: ethics, mental health for justice officers, community policing, minority sensitivity, use of force, and the duty to intervene and report. Makes conforming changes. Effective January 1, 2022.

    Part XII.

    Provides that the proposed changes to GS 150B-1 are effective on the date the act becomes law.

    Part XV.

    Deletes the proposed changes to GS 14-288.2 and replaces them with the following. Makes it a Class G felony for a person to riot and cause property damage in excess of $1,500 in the course of the riot (was, a Class H felony and did not specifically require the person to cause the property damage). Makes it a Class F felony for a person to riot and cause serious bodily injury to another or if the person brandishes a dangerous weapon or uses a dangerous substance in the course of the riot (was, a Class H felony, grouped with property damage in excess of $1,500). Defines dangerous substance. Adds a new provision to specify that mere presence alone without advert act is not sufficient to sustain a conviction for rioting offenses under the statute. Applies to offenses committed on or after December 1, 2021.

    Part XVI.

    Revises the proposed changes to GS 15A-601, to require that first appearance before a district court judge be held within 72 hours (was, 48 hours; current law is 96 hours) after the defendant is taken into custody or at the first regular session of the district court in the county, whichever occurs first. Makes conforming changes. Makes first appearances before the clerk of court mirror the 72-hour requirement. 

    Adds the following new content to the act.

    Part XVII.

    Further amends GS 17C-6 and GS 17E-4, adding to the powers and duties of the Commissions the duty to search the National Decertification Index maintained by the International Association of Directors of Law Enforcement Standards and Training using the name of every applicant for certification or applicant for lateral transfer, and any other identifying information necessary, and use any record of conviction uncovered to determine if the applicant has any record that would disqualify the applicant for certification. Effective October 1, 2021.

    Part XVIII.

    Amends GS 15A-401 (Arrest by Law Enforcement Officers) to add (d1) establishing the duty of law enforcement officers who observes another officer using excessive force to intervene, if safe to do so, to prevent the use of excessive force and to report use of excessive force, even if the officer was unable to intervene, within 72 hours. Effective December 1, 2021, and applies to use of force on or after that date.

    Part XIX.

    Amends GS 93B-1(3) to remove the Commissions from the nonexhaustive list of State agency licensing boards. Effective December 1, 2021. 

    Part XX.

    Amends GS 14-208.6, providing for defined terms applicable to Article 27A (Sex Offender and Public Protection Registration Programs). Adds and defines predatory recidivist as a person who has two or more convictions for sexually violent offenses. Revises the definition for sexually violent offense to include a violation of an offense in another state, which if committed in this State, is substantially similar to a sexually violent offense as defined by the statute.

    Amends the terminology in the following sections of Article 27A to refer to offenders who are predatory recidivists rather than recidivists: GS 14-208.40; GS 14-208.40A; and GS 14-208.40B.

    Amends GS 14-208.43 to now allow an offender meeting the description of GS 14-208.40(a)(1) or (a)(3) who is required to submit to satellite-based monitoring for life to petition for termination or modification of the requirement with the superior court 10 years from the date of initial enrollment in the program under Article 27A or the laws of another jurisdiction (currently only provides for requesting termination of the requirement with the Post Release Supervision and Parole Commission, and does not provide a waiting period). Makes conforming deletions of procedure regarding the previous method of requests to the Commission. Now requires the appropriate district attorney to be given at least three weeks' notice before the hearing. Provides for the petitioner and the district attorney to present evidence at the hearing. Allows for the victim of the underlying offense to appear and be heard at the hearing, as described, and to receive notice if so elected, as specified, with a judge charged with inquiring as to whether the victim is present and wishes to be heard. Provides for the petition to be granted only if the court makes specified findings, including that the petitioner does not have subsequent arrests for offenses against a minor, aggravated offenses, or sexually violent offenses. Defines the court's authority in issuing an order, including continuing the requirement for a specified period. Sets a two year waiting period between petitions following denial. Requires orders granting the petition to be forwarded to the Commission.

    Effective August 1, 2021. 

    Directs the Division of Adult Correction and Juvenile Justice to provide elected District Attorneys a list of individuals residing in their respective district that is subject to State v. Grady (NC 2019), and charges District Attorneys with either deciding to handle the each case or having the Attorney General handle the case. Provides for a District Attorney to request the Attorney General make a preliminary determination whether the recidivist subject to the Grady case may meet any requirement to enroll in a satellite-based monitoring program other than begin a recidivist and represent the State in any proceedings created in this provision. Requires review by the DA or AG of every class member, and notify any individual and the respective sheriff that may meet any requirement to enroll in a satellite-based monitoring program other than begin a recidivist. Allows for the DA or AG to petition the court for a judicial determination of whether an individual meets the criteria. Effective August 1, 2021, and applies to any individual required to enroll in the satellite-based monitoring program based solely on being a "recidivist" on or after August 16, 2019. 

    Changes the act's long title. 


  • Summary date: Mar 15 2021 - View summary

    Part I.

    Enacts new GS 114-2.7A requiring the Department of Justice (DOJ), in consultation with the Criminal Justice Education and Training Standards Commission and the Sheriffs' Education and Training Standards Commission (hereinafter referred to as the Commissions), to develop and maintain a statewide database for law enforcement agencies to use to track all disciplinary actions and decertification of the state's law enforcement officers. Requires all of the state's law enforcement agencies to provide DOJ information requested to maintain the database and makes information that is confidential under State or federal law remain confidential.

    Enacts the following new statutes directing the named entity to provide DOJ with the information requested regarding disciplinary actions against and decertification of the relevant law enforcement officers in order to maintain the statewide database; specifies that the information collected under the statutes will remain confidential. Enacts GS 20-196.6 (State Highway Patrol), GS 74E-10.1 (company police agency), GS 74G-10.1 (campus policy agency), GS 143B-927.1 (State Bureau of Investigation), GS 153A-213 (counties), GS 160A-290 (cities).

    Effective October 1, 2021.

    Part II.

    Enacts new GS 143B-972.1 requiring the Department of Public Safety (DPS) to give the Commissions information from the State and National Repositories of Criminal Histories concerning the criminal history of any person applying to be certified as a criminal justice officer or justice officer or any other position that requires certification with either Commission. Requires providing the applicant's fingerprints and other requested identifying information. Requires the State Bureau of Investigation (SBI) to search the State's criminal history record file and forward a set of fingerprints to the FBI for a national criminal history record check. Requires the SBI to enroll each individual whose fingerprints are received into the FBI's Record of Arrest and Prosecution Background (Rap Back) Service. Requires the commissions to keep information confidential. Requires the SBI to maintain the fingerprints of the applicant in the Statewide Automated Fingerprint Identification System. Sets out requirements for removing the fingerprints from the system upon an individual being separated from employment. Effective December 1, 2021.

    Part III.

    Enacts new GS 114-2.7B requiring DOJ to consult with the Commissions in developing and maintaining a statewide database for use by law enforcement agencies that tracks all critical incident data of law enforcement officers in the state. Defines critical incident as an incident involving any use of force by a law enforcement officer resulting in death or serious bodily injury to a person. Requires all law enforcement agencies in the state to provide DOJ with information requested to maintain the database. Makes information that is confidential under State or federal law remain confidential. 

    Enacts the following statutes to require the named entity to give DOJ the requested information on the use of force by the relevant law enforcement agencies in order to maintain the statewide database. Makes information that is confidential under State or federal law remain confidential. Enacts 20-196.7 (State Highway Patrol), GS 74E-10.2 (company police agency), GS 74G-10.2 (campus police agency), GS 143B-927.2 (SBI), GS 153A-213.1 (county), and GS 160A-290.1 (city).

    Effective October 1, 2021.

    Part IV.

    Enacts GS 114-2.7C to require DOJ to consult with the Commissions and report annually beginning March 1, 2022, to the specified NCGA committee on law enforcement officers in the state that were notified by a judge or district attorney in the year prior to the report of an action of misconduct or untruthfulness on the part of the law enforcement officer that requires the disclosure of misconduct or untruthfulness to a criminal defendant against whom the law enforcement officer will serve as a witness. Requires all law enforcement officers in the state certified under GS Chapters 17C (North Carolina Criminal Justice Education and Training Standards Commission), 17E (North Carolina Sheriffs' Education and Training Standards Commission), 74E (Company Police Act), and 74G (Campus Police Act) to report to DOJ if the officer receives such a notification; requires the report to be made within 30 days of the notification. Effective October 1, 2021, and applies to notifications received by law enforcement officers on or after that date.

    Part V. 

    Requires the Commissions to jointly develop uniform, statewide minimum standards for law enforcement officers and adopt these standards as rules. Requires each commission to report on the standards to the specified NCGA committee by October 1, 2021. Allows each commission to adopt temporary rules and requires adopting permanent rules to comply with this act by October 1, 2022.

    Part VI.

    Amends GS 122C-251 to also allow a clerk, magistrate, or district court judge to allow a respondent's health care provider (was, limited to a respondent's immediate family or friend) to transport the respondent for involuntary commitment. Makes conforming changes. Applies to custody orders issued on or after October 1, 2021.

    Part VII.

    Amends GS 17C-6 (North Carolina Criminal Justice Education and Training Standards Commission) and GS 17E-4 (North Carolina Sheriffs' Education and Training Standards Commission) by expanding upon the Commissions' powers to also include: (1) establishing minimum mental health screening protocols that must be met in order to qualify for entry level employment and retention as a criminal justice officer in temporary or probationary status or in a permanent position; specifies that this must include a psychological screening within one year prior to certification and (2) establishing minimum annual mental health screening protocols for officers, including a psychological screening. Further amends the existing power to create minimum educational and training standards that must be met in order to qualify for entry level employment and retention as a criminal justice officer, by adding that those standards must also include: (1) crisis intervention training regarding best practices when a criminal justice officer encounters an individual experiencing a behavioral health crisis and (2) education and training on current and former trends and examples of civil unrest in the state and nation. Effective January 1, 2022.

    Requires the Commissions to jointly study the benefits of requiring physical fitness testing throughout a law enforcement officer's career and whether that testing, if required, should be incrementally adjusted for age. Requires a report on their findings to the specified NCGA committee by December 1, 2021.

    Part VIII.

    Enacts the following statutes requiring the specified entity to develop and implement an early warning system to document and track the relevant category of law enforcement officer actions and behaviors to help that entity manage personnel by intervening to correct the officers performance. Requires the system to include information on (1) instances of the discharge of a firearm, (2) instances of use of force, (3) vehicle collisions, and (4) citizen complaints. Makes information collected under this section that is confidential under State or federal law remain confidential. Enacts GS 20-196.8 (State Highway Patrol), GS 74E-10.3 (company police agency), GS 74G-10.3 (campus police agency), GS 143B-927.3 (SBI), GS 153A-213.2 (county), and GS 160A-290.2 (city). 

    Part IX.

    Requires the Commissions to jointly develop a best practices guide to help law enforcement agencies recruit and retain a diverse workforce. Requires a report to the specified NCGA committee by March 1, 2022.

    Part X.

    Amends GS 143B-919 to require the SBI, when requested by the Governor, to investigate and prepare evidence in the event of: (1) a sworn law enforcement officer with the power to arrest discharging the officer's firearm in the performance of the officer's duties, excluding during training exercises; (2) a sworn law enforcement officer with the power to arrest using force against an individual in the performance of the officer's duties that results in the death of, or serious bodily injury to, the individual; or (3) an individual in the custody of DPS, a State prison, a county jail, or a local confinement facility, regardless of the individual's physical location, dies or suffers serious bodily injury. Effective October 1, 2021.

    Part XI.

    Amends GS 17C-6, and GS 17E-4, as amended above, to amend the Commission's duties to establish minimum standards for in-service training for criminal justice officers, to require the inclusion of training on: ethics, mental health for justice officers, community interaction, implicit bias and racial equity, use of force, and the duty to intervene and report. Effective January 1, 2022.

    Part XII.

    Amends GS 150B-1 to exempt from rulemaking the Criminal Justice Education and Training Standards Commission with respect to establishing minimum standards for in-service training for criminal justice officers and the Sheriffs' Education and Training Standards Commission with respect to establishing minimum standards for in-service training for justice officers.

    Part XIII.

    Requires the Administrative Office of the Courts (AOC) to automatically enroll all criminal defendants into its court date reminder system. Allows opting out using a process developed by AOC; requires the opt-out process to be developed and implemented by December 1, 2021. Effective December 1, 2021, and applies to criminal defendants arrested on or after that date.

    Part XIV.

    Amends GS 14-4 to make it an infraction, instead of a Class 3 misdemeanor, to violate an ordinance of a county, city, town, or metropolitan sewerage district, punishable of a fine of no more than $50. Specifies that the statute does not restrict the authority of a county, city, town, or metropolitan sewerage district to impose civil penalties for the violation of any ordinance pursuant to the specified statutory authority to enforce ordinances. Makes conforming changes.

    Enacts GS 14-4.2 prohibiting convicting a person of a criminal offense unless the offense appears in GS Chapter 14 (Criminal Law), GS Chapter 20 (Motor Vehicles), or Article 5 (Controlled Substances Act) of GS Chapter 90 or the offense is a common law offense. Specifies that this does not apply to a person who has actual knowledge that the behavior which is the basis for being charged with the offense constitutes a crime. Applies to offenses enacted on or after September 1, 2021.

    Part XV.

    Amends GS 14-288.2 to make it a Class H (was, Class I) felony to willfully engage in a riot. Makes it a Class G felony (was, Class H) to willfully engage in a riot if: (1) in the course and as a result of the riot there is property damage in excess of $1,500 or serious bodily injury or (2) the participant in the riot has in his or her possession any dangerous weapon or substance. Applies to offenses committed on or after December 1, 2021.

    Part XVI.

    Amends GS 15A-601 to add the requirement that a defendant charged in a magistrate's order under GS 15A-511 or criminal process under Article 17 of GS Chapter 15A with a misdemeanor offense and held in custody must be brought before a district court judge in the district court district in which the crime is charged to have been committed. Specifies that this first appearance is not a critical stage of the proceedings against the defendant. Also amends the statute to require that first appearance before a district court judge be held within 48 hours (was, 96 hours) after the defendant is taken into custody or at the first regular session of the district court in the county, whichever occurs first. Makes conforming changes. Makes language gender-neutral. Applies to criminal processes served on or after December 1, 2021.

    Part XVII.

    Includes a severability clause.