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the appropriate Division a copy of a document subsequently informing the individual that the notification has been rescinded.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 Makes these provisions not applicable if a notification is subsequently rescinded in writing.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.
Applies to notifications received prior to, on, or after October 1, 2021, by persons required to report under the act.
DUTY TO REPORT GIGLIO INFORMATION.
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View NCGA Bill Details | 2021 |
AN ACT TO REQUIRE LAW ENFORCEMENT OFFICERS AND JUSTICE OFFICERS TO NOTIFY THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION OR THE NORTH CAROLINA SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSION, AS APPROPRIATE, WHEN THE OFFICER IS INFORMED THAT BECAUSE OF THE OFFICER'S BIAS, INTEREST, OR LACK OF CREDIBILITY, THE OFFICER MAY NOT BE CALLED TO TESTIFY AT TRIAL AS A LAW ENFORCEMENT OR JUSTICE OFFICER.Intro. by Szoka, K. Baker, Hunter.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 6 2021)
Bill History:
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Tue, 13 Apr 2021 House: Filed
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Wed, 14 Apr 2021 House: Passed 1st Reading
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Tue, 4 May 2021 House: Reptd Fav
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Tue, 4 May 2021 House: Reptd Fav
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Tue, 4 May 2021 House: Cal Pursuant Rule 36(b)
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Tue, 4 May 2021 House: Placed On Cal For 05/05/2021
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Wed, 5 May 2021 House: Passed 2nd Reading
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Wed, 5 May 2021 House: Passed 3rd Reading
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Thu, 6 May 2021 House: Regular Message Sent To Senate
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Thu, 6 May 2021 House: Regular Message Sent To Senate
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Thu, 6 May 2021 Senate: Regular Message Received From House
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Thu, 6 May 2021 Senate: Passed 1st Reading
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Thu, 6 May 2021 Senate: Passed 1st Reading
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Thu, 6 May 2021 Senate: Ref To Com On Rules and Operations of the Senate
H 548
Bill Summaries:
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Bill H 548 (2021-2022)Summary date: Apr 13 2021 - View Summary
View: All Summaries for Bill