Bill Summary for H 193 (2015-2016)

Summary date: 

Mar 11 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 193 (Public) Filed Tuesday, March 10, 2015
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) AUTHORIZE THE USE OF CITIZEN REVIEW BOARDS TO INVESTIGATE OR REVIEW ALLEGATIONS OF CERTAIN POLICE MISCONDUCT; AND (6) REQUIRE THAT CERTAIN TRAINING BE PROVIDED TO MEMBERS OF NEIGHBORHOOD CRIME WATCH PROGRAMS ESTABLISHED BY COUNTIES AND CITIES.
Intro. by R. Moore.

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Bill summary

Enacts new Article 18, "Discriminatory Profiling," in GS Chapter 15A. Defines discriminatory profilingas 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 officeras 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 officerin 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.

Provides that the remainder of this act becomes effective December 1, 2015, and applies to any misconduct committed on or after that date.

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).

Enacts new GS 143B-904.1 regarding the collection of homicide statistics in this state. Defines law enforcement agencyas 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. Charges 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.

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.

Amends GS 17C-2 to add the definition for discriminatory profilingas defined in GS 15A-306, under new Article 18 in this act.

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 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 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 in-service training must include.

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.

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