Amends GS 15A-401 (Arrest by law-enforcement officer) by creating new subsection (d2) (Protection from Retaliation), which protects law enforcement officers who report what they believe to be excessive use of force under subsection (d1) (Duty to Intervene and Report Excessive Use of Force) from termination or retaliation. Makes filing a knowingly false report under subsection (d1) a Class 2 misdemeanor.
Creates new GS 17C-17, which obligates a criminal justice officer in the line of duty to attempt to intervene and prevent (1) violations of federal, state, city, or county laws, ordinances, or regulations; (2) fraud; (3) misappropriation of state, city, or county resources; (4) activity that poses a substantial danger to public health and safety; or (5) gross mismanagement including waste of public monies or the abuse of authority. Also obligates a criminal justice officer to report any conduct they reasonably believe falls into categories (1) through (5) within 72 hours, even if they did not intervene. Protects a criminal justice officer who files a report under this section from termination or retaliation. Makes filing a knowingly false report under the section a Class 2 misdemeanor.
Creates new GS 17E-17, which extends the same obligations and protections to justice officers and contains text effectively identical to the new GS 17C-17.
Appropriates a total of $1000,000 for 2024-25 from the General Fund to the Department of Justice, $50,000 to be allocated to the Criminal Justice Education and Training Standards Commission and $50,000 to the Sheriffs' Education and Training Standards Commission to train criminal justice officers regarding the changes in this act.
Effective and applicable to offenses and retaliatory actions taken on or after December 1, 2024.
PROTECT WHISTLEBLOWER LEOS FROM RETALIATION.
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View NCGA Bill Details | 2023-2024 Session |
AN ACT PROTECTING FROM RETALIATION LAW ENFORCEMENT OFFICERS THAT REPORT THE USE OF EXCESSIVE FORCE OR OTHER IMPROPER OR UNLAWFUL ACTIVITY AND APPROPRIATING FUNDS.Intro. by Batch, Grafstein, Smith.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 6 2024)
Bill History:
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Thu, 2 May 2024 Senate: Filed
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Mon, 6 May 2024 Senate: Passed 1st Reading
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Mon, 6 May 2024 Senate: Ref To Com On Rules and Operations of the Senate
S 835
Bill Summaries:
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Bill S 835 (2023-2024)Summary date: May 2 2024 - View Summary
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