Bill Summary for H 589 (2023-2024)

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Summary date: 

Apr 25 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 589 (Public) Filed Thursday, April 6, 2023
AN ACT PROTECTING FROM RETALIATION LAW ENFORCEMENT OFFICERS THAT REPORT IMPROPER OR UNLAWFUL ACTIVITY.
Intro. by Zenger, Hardister, K. Brown, Cotham.

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Bill summary

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

Deletes the proposed changes to GS 15A-401 (Arrest by law-enforcement officer). 

Amends proposed new GS 17C-17 and GS 17E-17 by removing the duty to intervene and report on specified activities. Now, instead provides as follows.

New GS 17C-17 makes it a Class 2 misdemeanor to retaliate against a criminal justice officer that reports a violation of any of the following: (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; (5) gross mismanagement including waste of public monies or the abuse of authority; or (6) unauthorized use of excessive force. Specifies that employers may discipline or terminate employees for legitimate, non-discriminatory, non-retaliatory reasons. Provides that whether an adverse action was taken because of the employee's protected activity depends on the facts. New GS 17E-17, which extends the same protections to justice officers reporting those violations of those same prohibited activities and contains text effectively identical to the new GS 17C-17. 

Effective and applicable to offenses and retaliatory actions taken on or after December 1, 2023. 

Makes conforming changes to the act's long title.