LAW ENFORCEMENT OMNIBUS BILL.

View NCGA Bill Details2015-2016 Session
House Bill 1044 (Public) Filed Wednesday, May 4, 2016
AN ACT TO CREATE A PUBLIC SERVICE ALERT SYSTEM TO AID IN THE APPREHENSION OF SUSPECTS WHO KILL OR INFLICT SERIOUS BODILY INJURY ON A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE HEAD OR CHIEF OF A LAW ENFORCEMENT AGENCY MAY DESIGNATE A PERSON TO SUBMIT A WRITTEN REQUEST FOR A DEADLY WEAPON TO BE TURNED OVER TO A LAW ENFORCEMENT AGENCY; TO AMEND THE SILVER ALERT SYSTEM TO EXPAND THE CLASS OF CITIZENS IT PROTECTS; TO PREVENT MOTOR CARRIERS FROM AVOIDING CIVIL PENALTIES OWED TO THE STATE BY TRANSFERRING TITLE PRIOR TO PAYMENT; TO MAKE MINOR CHANGES TO THE DEFINITION OF EMERGENCY IN THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT; TO PROVIDE THAT THE SAMARCAND TRAINING ACADEMY IS SPECIFICALLY EXEMPTED FROM THE UMSTEAD ACT; AND TO CREATE AN EXCEPTION TO THE LENGTH OF SERVICE REQUIREMENTS FOR FORENSIC SCIENTISTS TO BECOME CAREER STATE EMPLOYEES.
Intro. by Hager.

Status: Ch. SL 2016-87 (House Action) (Jul 11 2016)

SOG comments (4):

Long Title Change

House committee substitute to the 1st edition made changes to the long title. The original title was as follows:

AN ACT TO CREATE A PUBLIC SERVICE ALERT SYSTEM TO AID IN THE APPREHENSION OF SUSPECTS WHO KILL OR INFLICT SERIOUS BODILY INJURY ON A LAW ENFORCEMENT OFFICER; TO CREATE A STATE HIGHWAY PATROL VOLUNTEER RESERVE PROGRAM; TO PROVIDE THAT THE HEAD OR CHIEF OF A LAW ENFORCEMENT AGENCY MAY DESIGNATE A PERSON TO SUBMIT A WRITTEN REQUEST FOR A DEADLY WEAPON TO BE TURNED OVER TO A LAW ENFORCEMENT AGENCY; TO AMEND THE SILVER ALERT SYSTEM TO EXPAND THE CLASS OF CITIZENS IT PROTECTS; TO PREVENT MOTOR CARRIERS FROM AVOIDING CIVIL PENALTIES OWED TO THE STATE BY TRANSFERRING TITLE PRIOR TO PAYMENT; TO ALLOW FOR THE DIRECTOR OF THE SBI TO HIRE RESERVE AGENTS TO ENHANCE THE EFFICIENCY OF THE SBI; TO PROVIDE RESERVE ALE AGENTS WITH THE SAME BENEFITS GIVEN TO ALL OTHER STATE RESERVE AGENTS; TO MAKE MINOR CHANGES TO THE DEFINITION OF EMERGENCY IN THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT; TO PROVIDE THAT THE SAMARCAND TRAINING ACADEMY IS SPECIFICALLY EXEMPTED FROM THE UMSTEAD ACT; TO PROVIDE FOR THE STATE CAPITAL POLICE TO APPOINT RESERVE OFFICERS; TO DIRECT STATE AGENCIES TO USE THE ENTERPRISE ACTIVE DIRECTORY; TO PROVIDE AN EXEMPTION TO THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE BUREAU OF INVESTIGATION; AND TO APPROPRIATE FUNDS TO PROVIDE AIRCRAFT REPLACEMENT AND TO MODERNIZE LAW ENFORCEMENT EQUIPMENT.

Change Long Title

House amendment to 2nd edition changed long title. Long title was AN ACT TO CREATE A PUBLIC SERVICE ALERT SYSTEM TO AID IN THE APPREHENSION OF SUSPECTS WHO KILL OR INFLICT SERIOUS BODILY INJURY ON A LAW ENFORCEMENT OFFICER; TO CREATE A STATE HIGHWAY PATROL VOLUNTEER RESERVE PROGRAM; TO PROVIDE THAT THE HEAD OR CHIEF OF A LAW ENFORCEMENT AGENCY MAY DESIGNATE A PERSON TO SUBMIT A WRITTEN REQUEST FOR A DEADLY WEAPON TO BE TURNED OVER TO A LAW ENFORCEMENT AGENCY; TO AMEND THE SILVER ALERT SYSTEM TO EXPAND THE CLASS OF CITIZENS IT PROTECTS; TO PREVENT MOTOR CARRIERS FROM AVOIDING CIVIL PENALTIES OWED TO THE STATE BY TRANSFERRING TITLE PRIOR TO PAYMENT; TO ALLOW FOR THE DIRECTOR OF THE SBI TO HIRE RESERVE AGENTS TO ENHANCE THE EFFICIENCY OF THE SBI; TO PROVIDE RESERVE ALE AGENTS WITH THE SAME BENEFITS GIVEN TO ALL OTHER STATE RESERVE AGENTS; TO MAKE MINOR CHANGES TO THE DEFINITION OF EMERGENCY IN THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT; TO PROVIDE THAT THE SAMARCAND TRAINING ACADEMY IS SPECIFICALLY EXEMPTED FROM THE UMSTEAD ACT; TO PROVIDE FOR THE STATE CAPITAL POLICE TO APPOINT RESERVE OFFICERS; TO DIRECT STATE AGENCIES TO USE THE ENTERPRISE ACTIVE DIRECTORY; TO PROVIDE AN EXEMPTION TO THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE BUREAU OF INVESTIGATION; AND TO APPROPRIATE FUNDS TO PROVIDE AIRCRAFT REPLACEMENT AND TO MODERNIZE LAW ENFORCEMENT EQUIPMENT.

Change Long Title

Senate committee substitute changed long title.  Long title was AN ACT TO CREATE A PUBLIC SERVICE ALERT SYSTEM TO AID IN THE APPREHENSION OF SUSPECTS WHO KILL OR INFLICT SERIOUS BODILY INJURY ON A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE HEAD OR CHIEF OF A LAW ENFORCEMENT AGENCY MAY DESIGNATE A PERSON TO SUBMIT A WRITTEN REQUEST FOR A DEADLY WEAPON TO BE TURNED OVER TO A LAW ENFORCEMENT AGENCY; TO AMEND THE SILVER ALERT SYSTEM TO EXPAND THE CLASS OF CITIZENS IT PROTECTS; TO PREVENT MOTOR CARRIERS FROM AVOIDING CIVIL PENALTIES OWED TO THE STATE BY TRANSFERRING TITLE PRIOR TO PAYMENT; TO MAKE MINOR CHANGES TO THE DEFINITION OF EMERGENCY IN THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT; TO PROVIDE THAT THE SAMARCAND TRAINING ACADEMY IS SPECIFICALLY EXEMPTED FROM THE UMSTEAD ACT; TO PROVIDE AN EXEMPTION TO THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE BUREAU OF INVESTIGATION; TO PROVIDE AN EXCEPTION FOR FEES TO REIMBURSE THE HIGHWAY PATROL; AND TO CREATE AN EXCEPTION TO THE LENGTH OF SERVICE REQUIREMENTS FOR FORENSIC SCIENTISTS TO BECOME CAREER STATE EMPLOYEES. 

Long title change

Senate committee substitute to the 4th edition changed the long title. Previous long title was AN ACT TO CREATE A PUBLIC SERVICE ALERT SYSTEM TO AID IN THE APPREHENSION OF SUSPECTS WHO KILL OR INFLICT SERIOUS BODILY INJURY ON A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE HEAD OR CHIEF OF A LAW ENFORCEMENT AGENCY MAY DESIGNATE A PERSON TO SUBMIT A WRITTEN REQUEST FOR A DEADLY WEAPON TO BE TURNED OVER TO A LAW ENFORCEMENT AGENCY; TO AMEND THE SILVER ALERT SYSTEM TO EXPAND THE CLASS OF CITIZENS IT PROTECTS; TO PREVENT MOTOR CARRIERS FROM AVOIDING CIVIL PENALTIES OWED TO THE STATE BY TRANSFERRING TITLE PRIOR TO PAYMENT; TO MAKE MINOR CHANGES TO THE DEFINITION OF EMERGENCY IN THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT; TO PROVIDE THAT THE SAMARCAND TRAINING ACADEMY IS SPECIFICALLY EXEMPTED FROM THE UMSTEAD ACT; TO PROVIDE AN EXEMPTION TO THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE BUREAU OF INVESTIGATION; TO CREATE AN EXCEPTION TO THE LENGTH OF SERVICE REQUIREMENTS FOR FORENSIC SCIENTISTS TO BECOME CAREER STATE EMPLOYEES; AND TO EXPAND THE LIST OF CRIMES FOR WHICH AN INVESTIGATIVE GRAND JURY MAY BE CONVENED.

Bill History:

H 1044/S.L. 2016-87

Bill Summaries:

  • Summary date: Jul 14 2016 - More information

    AN ACT TO CREATE A PUBLIC SERVICE ALERT SYSTEM TO AID IN THE APPREHENSION OF SUSPECTS WHO KILL OR INFLICT SERIOUS BODILY INJURY ON A LAW ENFORCEMENT OFFICER; TO PROVIDE THAT THE HEAD OR CHIEF OF A LAW ENFORCEMENT AGENCY MAY DESIGNATE A PERSON TO SUBMIT A WRITTEN REQUEST FOR A DEADLY WEAPON TO BE TURNED OVER TO A LAW ENFORCEMENT AGENCY; TO AMEND THE SILVER ALERT SYSTEM TO EXPAND THE CLASS OF CITIZENS IT PROTECTS; TO PREVENT MOTOR CARRIERS FROM AVOIDING CIVIL PENALTIES OWED TO THE STATE BY TRANSFERRING TITLE PRIOR TO PAYMENT; TO MAKE MINOR CHANGES TO THE DEFINITION OF EMERGENCY IN THE NORTH CAROLINA EMERGENCY MANAGEMENT ACT; TO PROVIDE THAT THE SAMARCAND TRAINING ACADEMY IS SPECIFICALLY EXEMPTED FROM THE UMSTEAD ACT; AND TO CREATE AN EXCEPTION TO THE LENGTH OF SERVICE REQUIREMENTS FOR FORENSIC SCIENTISTS TO BECOME CAREER STATE EMPLOYEES. Enacted July 11, 2016. Section 4 is effective October 1, 2016. The remainder is effective July 11, 2016.


  • Summary date: Jun 28 2016 - More information

    Senate committee substitute makes the following changes to the 4th edition.

    Changes the long title.

    Deletes Section 8 of the previous edition, which amended GS 15A-622(i) to expand the categories of crimes that can be the basis for convening an investigative grand jury to include violations of GS 90-95(h) or GS 90-95.1 (trafficking in marijuana or criminal enterprise); GS Chapter 14, Article 29 or 30 (relating to bribery and obstructing justice); GS 14-288 (buying and selling of offices); and GS 14-234 public officers or employees benefiting from public contracts). Makes conforming changes to the effective date.


  • Summary date: Jun 23 2016 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends the act's long title.

    Deletes Section 7 from the previous edition, which amended GS 12-3.1(c) to provide for a fee to reimburse the State Highway Patrol for salaries, travel, and other expenses directly related to providing traffic control at public events where admission fees are charged. 

    Amends the effective date provisions, making technical and conforming changes. 


  • Summary date: Jun 16 2016 - More information

    House amendments make the following changes to the 2nd edition.

    Amendment #1 amends the act's long title.

    Also deletes Section 9 of the act, which provided for an appropriation of $8,675,924 in nonrecurring funds for 2016-17 from the General Fund to the State Bureau of Investigation to provide aircraft replacement and essential modern law enforcement equipment.

    Amendment #2

    Amends GS 15A-622 (Formation and organization of grand juries; other preliminary matters), enacting  new GS 15A-622(i), which contains three categories of crimes that can be the basis for convening an investigative grand jury to expand those crimes to include violations of GS 90-95(h) or GS 90-95.1 (trafficking in marijuana or criminal enterprise); GS Chapter 14, Article 29 or 30 (relating to bribery and obstructing justice); GS 14-288 (buying and selling of offices); and GS 14-234 public officers or employees benefiting from public contracts). Makes conforming changes.

    Amends the effective date clause, providing that the above amended provisions of GS 15A-622 are effective October 1, 2016.


  • Summary date: Jun 15 2016 - More information

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

    Amends the act's long title. 

    Amends GS 12-3.1(c) concerning exceptions to General Assembly's sole power to authorize an agency to establish or increase a fee or charge for the rendering of any service or fulfilling of any duty to the public, providing an exception for fees to reimburse the State Highway Patrol for salaries, travel, and other expenses directly related to providing traffic control at public events where admission fees are charged. Provides that this exemption does not apply to State-supported events. 

    Amends GS 126-1.1, concerning career State employees, to include forensic scientists with law enforcement officers as those that can obtain career State employee status after being employed for 24 consecutive months, and required formal training is needed before assuming job duties. 

    Deletes various sections of the bill, including deleting new GS 20-185(j), which authorized the State Highway patrol to appoint retired members to serve in the Highway Patrol Reserve Unit as volunteer reserve. Also deletes changes made to GS 143B-927 and GS 18B-500, which authorized the Director of the State Bureau of Investigation to hire reserve agents as well as reserve alcohol law enforcement agents, with all being entitled to all the benefits under GS Chapter 97 except for total and partial incapacity benefits.

    Deletes changes made to GS 143B-911, which authorized the State Capital Chief of Police to appoint reserve police officers to assist with particular duties and that such officers are entitled to all the benefits under GS Chapter 97 except for total and partial incapacity benefits.

    Deletes a directive that all State agencies, on or before July 1, 2016, that are identified as principal departments in GS 143B-6 must become direct members of and use the Enterprise Active Directory.

    Deletes changes made to GS 143B-1320(b), which added the Department of Public Safety, the State Highway Patrol and Emergency Management, and the State Bureau of Investigation to those entities that are exempt from the provisions of GS Chapter 143B (Executive Organization Act of 1973). Also deletes provisions concerning the election to participate in information technology programs, services, or contracts. 


  • Summary date: May 4 2016 - More information

    Enacts new GS 143B-1023, North Carolina Blue Alert System (Alert System) established, which provides for a system to aid in the apprehension of a suspect who kills or inflicts serious bodily injury on a law enforcement officer by way of a statewide system for rapid dissemination of information. Sets out three conditions for the Alert System to be triggered: (1) a law enforcement officer is killed or suffers serious bodily harm, (2) it is determined that the suspect poses a threat to the public and other law enforcement personnel and that the law enforcement agency with jurisdiction has reliable information that can lead to the location of the individual, and (3) the head of the law enforcement agency with jurisdiction has recommended the issuance of the blue alert. 

    Directs the NC Center for Missing Persons (Center) to adopt guidelines and procedures for statewide implementation of the alert system. Also requires the Center to consult with the Department of Transportation (DOT) to develop procedures for the use of overhead message signs as well as the content involved in those messages. Also requires consultation with the Division of Emergency Management in regards to developing procedures for use of the alert system. 

    Amends GS 20-185 to authorize the State Highway patrol to appoint retired members to serve in the Highway Patrol Reserve Unit. Authorizes volunteer reserve members to be entitled to all benefits as provided for in GS Chapter 97 except for total and partial incapacity benefits.

    Amends GS 14-269.1, Confiscation and disposition of deadly weapons, adding clarifying language that weapons can be used by specified agencies or be sold or traded by court order issued upon the written request of the head or chief of the law enforcement agency or designee (didn't allow for designee before).

    Makes clarifying changes to GS 143B-1022 (the NC Silver Alert System), providing that the system is to be used for individuals that also suffer from Alzheimer's disease,or other disabilities that require them to be protected from potential abuse, physical harm, neglect or exploitation (previously, system was only used or triggered for those suffering from dementia or cognitive impairments). Makes conforming changes. Requires the Center to issue a Silver alert upon receiving a request (was, report) involving a missing person or child with the described condition.

    Amends GS 20-54 concerning the issuance of registration or certificate of title for motor vehicles, adding a new subdivision (13) providing that the Division of Motor Vehicles cannot issue either if it has been notified by Highway Patrol that the owner of the vehicle has not paid penalties or fees arising from violations for the size, weight, construction or equipment of the vehicle. Effective October 1, 2016, applying to violations committed on or after that date. 

    Amends GS 143B-927 and GS 18B-500 authorizing the Director of the State Bureau of Investigation to hire reserve agents as well as reserve alcohol law-enforcement agents, with all being entitled to all the benefits under GS Chapter 97 except for total and partial incapacity benefits.

    Amends the definition for the term Emergency as used in the NC Emergency Management Act,  providing that the occurrence or imminent threats of widespread severe damage or injury or loss of life or property resulting from terrorism, public health, explosion related or technological failure or accident, including specified examples is now included in the definition for Emergency. 

    Amends GS 66-58(b) to add the Samarcand Training Academy to the list of entities that are exempt from the prohibition of competing in commerce against businesses and the public. 

    Amends GS 143B-911 to provide that the State Capital Chief of Police can appoint reserve police officers to assist with particular duties and that such officers are entitled to all the benefits under GS Chapter 97 except for total and partial incapacity benefits.

    Directs all State agencies, on or before July 1, 2016, that are identified as principal departments in GS 143B-6 to become direct members of and use the Enterprise Active Directory. Sets out a process to request deviation from certain requirements of the Enterprise Active Directory. 

    Amends GS 143B-1320 to add the Department of Public Safety, the State Highway Patrol and Emergency Management, and the State Bureau of Investigation to those entities that are exempt from the provisions of GS Chapter 143B (Executive Organization Act of 1973). Makes conforming changes, adding law enforcement agencies to those entities allowed to elect to participate in the information technology programs, services, or contracts offered by the Department of Information Technology. Specifies the individuals who are responsible for making such an election for the Department of Public Safety and the State Bureau of Investigation. 

    Appropriates $8,675,924 in nonrecurring funds for 2016-17 from the General Fund to the State Bureau of Investigation to provide aircraft replacement and essential modern law enforcement equipment. Effective July 1, 2016.


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