Bill Summary for H 1059 (2015-2016)

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Summary date: 

May 10 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1059 (Public) Filed Tuesday, May 10, 2016
AN ACT TO (1) PROHIBIT THE USE OF DISCRIMINATORY PROFILING BY LAW ENFORCEMENT OFFICERS IN THE PERFORMANCE OF THEIR DUTIES; (2) AMEND THE TYPES OF INFORMATION REQUIRED TO BE REPORTED BY CERTAIN LAW ENFORCEMENT AGENCIES CONCERNING TRAFFIC LAW ENFORCEMENT; (3) REQUIRE CERTAIN LAW ENFORCEMENT AGENCIES TO REPORT CERTAIN INFORMATION CONCERNING HOMICIDES; (4) REQUIRE LAW ENFORCEMENT OFFICERS TO RECEIVE ANNUAL EDUCATION AND TRAINING CONCERNING DISCRIMINATORY PROFILING; (5) REQUIRE THAT CERTAIN TRAINING BE PROVIDED TO MEMBERS OF NEIGHBORHOOD CRIME WATCH PROGRAMS ESTABLISHED BY COUNTIES AND CITIES; AND (6) APPROPRIATE FUNDS TO COVER THE COST OF AN INSTRUCTOR TO CONDUCT TRAINING.
Intro. by R. Moore.

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Bill summary

Enacts new Article 18, "Discriminatory Profiling," in GS Chapter 15A. Defines discriminatory profiling as the practice of subjecting a person to investigation, detention, or arrest based on the person's real or perceived race, ethnicity, national origin, disability, religion, sexual orientation, or gender identity, instead of based on the person's behavior or on information identifying the person as having engaged in criminal activity. Defines law enforcement officer as an employee of state and local government agencies, company and campus police agencies certified by the Attorney General, and any special police agency created by the state with the authority to enforce the criminal laws of the state. Also defines law enforcement officer in terms of duties and responsibilities for prevention and detection of crime and the authority to arrest by virtue of an oath administered under the authority of the state. Effective when this act becomes law.

Amends GS 143B-903(a) to include in the data to be collected and maintained by the Department of Public Safety (Department) regarding traffic law enforcement whether the law enforcement officers making the stop attempted to determine the immigration status of the driver or passenger(s). Applies to law enforcement actions that occur on or after the effective date of the act. 

Enacts new GS 143B-904.1 regarding the collection of homicide statistics in this state. Defines law enforcement agency as any duly accredited state or local government agency with the authority to enforce the criminal laws of North Carolina. Directs the Department to collect, correlate, and maintain specified data regarding homicides committed in the state, including the number committed, the geographic location where the homicide was committed, identifying characteristics of the offenders and the victims, as well as information regarding the number of cases solved and unsolved. Requires that law enforcement agencies submit the required information within 60 days of the close of each month. Makes any law enforcement agency that fails to submit the required data ineligible for any available law enforcement grants until the information is submitted. Requires the Department to publish and distribute annually by December 1 a list of the law enforcement agencies that will be subject to the reporting requirements during the coming calendar year as of January 1. Directs the Department to make any report or summary under this statute available to the public, including posting the report or summary on the Department's website. Applies to law enforcement actions that occur on or after the effective date of this act.

Current law requires the Department to collect, maintain, and annually publish information regarding deaths resulting from the use of deadly force by law enforcement officers in the course and scope of their official duties. Amends GS 143B-904(a) to specify that the collected information contain (1) the number of deaths, including any justified or excused homicides; (2) the geographic location where the death occurred; and (3) identifying characteristics including race or ethnicity, age, gender identity, and sex of the victims and the law enforcement officers. Applies to law enforcement actions that occur on or after the effective date of this act.

Amends GS 17C-2 to add the definition for discriminatory profiling as defined in GS 15A-306.

Under current law, the North Carolina Criminal Justice Education and Training Standards Commission (Commission) is authorized to establish minimum educational training standards to be met in order to qualify for entry level employment and retention as a criminal justice officer. Amends GS 17C-6(a) to provide that the standards for entry-level employment and retention must also include education and training concerning (1) the prohibition against discriminatory profiling and (2) the proper techniques for recording and storing information and completing reports as required under GS 143B-903, 143B-904, 143B-904.1, and any other provision of law. Additionally specifies the training content and focus that the in-service training must include.

Also amends GS 17E-2 and 17E-4 to incorporate the same educational training standards for entry level employment and retention as apply in GS Chapter 17C to the North Carolina Sheriff's Education and Training Standards Commission's training standards applicable to "justice officers," including a peace officer in the office of the sheriff, and including deputy sheriffs, reserve deputy sheriffs, and special deputy sheriffs. Additionally specifies the training content and focus that the in-service training must include. Makes technical changes.

Amends GS 153A-212.2, regarding establishing neighborhood crime watch programs within a county, and amends GS 160A-289.2, regarding establishing neighborhood crime watch programs within a city, to require that the county or city, respectively, provide training that meets specified standards for members of a neighborhood crime watch program.

Appropriates $80,000 from the General Fund to the Department of Justice for fiscal year 2016-17 to provide funds for a criminal justice coordinator to conduct the new training detailed in GS 17C-6(a) and GS 17E-4.

Unless otherwise indicated, effective July 1, 2016, and applies to any misconduct committed on or after that date.