Bill Summary for H 165 (2017-2018)

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Summary date: 

Feb 22 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 165 (Public) Filed Wednesday, February 22, 2017
AN ACT TO AUTHORIZE THE USE OF CITIZEN REVIEW BOARDS TO INVESTIGATE OR REVIEW ALLEGATIONS OF CERTAIN POLICE MISCONDUCT AND TO REQUIRE THAT CERTAIN TRAINING BE PROVIDED TO MEMBERS OF NEIGHBORHOOD CRIME WATCH PROGRAMS ESTABLISHED BY COUNTIES AND CITIES.
Intro. by R. Moore, Quick.

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Bill summary

Enacts new GS 153A-212.3 regarding the establishment of a citizen review board by a county. Provides that a county may establish, by ordinance, a citizen review board or use an existing citizen review board to investigate or review allegations of misconduct by law enforcement officers employed by a law enforcement agency within that county. Requires that the ordinance specify at minimum the following: (1) the composition of the citizen review board, (2) the minimum qualifications to serve on the board, (3) the procedure for appointing persons to the board, (4) the duration of the terms for board members, and (5) the manner in which hearings of the board are to be held. Additionally specifies the powers and the duties of the board, which include the authority to make findings and decisions on disciplinary action of a law enforcement officer alleged to have committed misconduct, and the authority to subpoena witnesses, administer oaths, and compel the production of evidence. Includes definitions of terms as used in this statute, information regarding an appeals process and petitioning for judicial review. Provides that a county and one or more cities in that county may establish a joint citizen review board.  Indicates exceptions to the general authority of a citizen review board established by a county under this section.

Enacts a new GS 160A-289.3 regarding the establishment of a citizen review board by a city. Provisions parallel and are the same as those for the establishment of a review board by a county.

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.

Effective December 1, 2017, and applies to any misconduct committed on or after that date.