LAW ENFORCEMENT DUTY TO INTERVENE.

View NCGA Bill Details2021
House Bill 536 (Public) Filed Tuesday, April 13, 2021
AN ACT TO ESTABLISH A DUTY FOR LAW ENFORCEMENT OFFICERS TO INTERVENE IN AND REPORT EXCESSIVE USE OF FORCE; TO REQUIRE USE OF THE NATIONAL DECERTIFICATION INDEX MAINTAINED BY THE INTERNATIONAL ASSOCIATION OF DIRECTORS OF LAW ENFORCEMENT STANDARDS AND TRAINING IN THE CERTIFICATION PROCESS FOR CERTIFIED PERSONNEL; AND TO REQUIRE REPORTING RELATED TO GIGLIO MATERIAL.
Intro. by Szoka, K. Baker, Hunter.

Status: Ch. SL 2021-137 (Sep 2 2021)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO ESTABLISH A DUTY FOR LAW ENFORCEMENT OFFICERS TO INTERVENE IN AND REPORT EXCESSIVE USE OF FORCE.

Bill History:

H 536/S.L. 2021-137

Bill Summaries:

  • Summary date: Sep 3 2021 - More information

    AN ACT TO ESTABLISH A DUTY FOR LAW ENFORCEMENT OFFICERS TO INTERVENE IN AND REPORT EXCESSIVE USE OF FORCE; TO REQUIRE USE OF THE NATIONAL DECERTIFICATION INDEX MAINTAINED BY THE INTERNATIONAL ASSOCIATION OF DIRECTORS OF LAW ENFORCEMENT STANDARDS AND TRAINING IN THE CERTIFICATION PROCESS FOR CERTIFIED PERSONNEL; AND TO REQUIRE REPORTING RELATED TO GIGLIO MATERIAL. SL 2021-137. Enacted Sept. 2, 2021. Effective Sept. 2, 2021, except as otherwise provided.


  • Summary date: Aug 10 2021 - More information

    Senate committee substitute to the 1st edition adds the following new content.

    Effective October 1, 2021, amends GS 17C-6 concerning the NC Criminal Justice Education and Training Standards Commission, and GS 17E-4 concerning persons certified by the NC Sheriffs' Education and Training Standards Commission (the Commissions), 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, 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 person'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 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.

    Makes conforming changes to the act's long title.


  • Summary date: Apr 13 2021 - More information

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


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