Bill Summary for H 972 (2015-2016)

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Summary date: 

Jun 28 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 972 (Public) Filed Tuesday, April 26, 2016
AN ACT TO PROVIDE THAT RECORDINGS MADE BY LAW ENFORCEMENT AGENCIES ARE NOT PUBLIC RECORDS, TO ESTABLISH WHETHER, TO WHOM, AND WHAT PORTIONS OF A RECORDING MAY BE DISCLOSED OR A COPY RELEASED, TO ESTABLISH THE PROCEDURE FOR CONTESTING A REFUSAL TO DISCLOSE A RECORDING OR TO OBTAIN A COPY OF A RECORDING, TO DIRECT STATE OR LOCAL LAW ENFORCEMENT AGENCIES TO PROVIDE, UPON REQUEST, ACCESS TO A METHOD TO VIEW AND ANALYZE RECORDINGS TO THE STATE BUREAU OF INVESTIGATION AND THE NORTH CAROLINA STATE CRIME LABORATORY, TO AUTHORIZE GOVERNMENTAL AND NONGOVERNMENTAL ORGANIZATIONS TO ESTABLISH AND OPERATE HYPODERMIC SYRINGE AND NEEDLE EXCHANGE PROGRAMS, AND TO OFFER LIMITED IMMUNITY TO EMPLOYEES, VOLUNTEERS, AND PARTICIPANTS OF AUTHORIZED HYPODERMIC SYRINGE AND NEEDLE EXCHANGE PROGRAMS.
Intro. by Faircloth, McNeill.

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Bill summary

Senate committee substitute makes the following changes to the 4th edition.

Amends Article 5C of GS Chapter 90, concerning drug paraphernalia, by enacting GS 90-113.27, which authorizes needle and hypodermic syringe exchange programs authorized and extend immunity in limited circumstances.

Authorizes any governmental or nongovernmental organization, including a local or district health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high risk behaviors, to establish and operate a needle and hypodermic syringe exchange program (exchange program), with the objectives to reduce the spread of HIV, AIDS, viral hepatitis, and other bloodborne diseases in the state; reduce needlestick injuries to law enforcement officers and other emergency personnel; and encourage individuals who inject drugs to enroll in evidence-based treatment.

Requires exchange programs to offer all of the following: (1) disposal of used needles and hypodermic syringes; (2) needles, hypodermic syringes, and other injection supplies at no cost and in quantities sufficient to ensure that needles, hypodermic syringes, and other injection supplies are not shared or reused; (3) reasonable and adequate security of program sites, equipment, and personnel; (4) educational materials; (5) access to naloxone kits or referrals to programs that provide such access; and (6) personal consultations from a program employee or volunteer concerning mental health or addiction treatment, as appropriate, for each individual requesting services. Prohibits the use of public funds to purchase needles, hypodermic syringes, or other injection supplies. Requires the written plans for security to be updated annually, and requires the plans for security to be provided to the police and sheriff's offices with jurisdiction in the program location.

Provides immunity to every employee, volunteer, or participant of programs established under the statute so that they cannot be charged with or prosecuted for possession of needles, hypodermic syringes, or other injection supplies obtained from or returned to an exchange program, or residual amounts of a controlled substance contained in a used needle, used hypodermic syringe, or used injection supplies obtained from or returned to an exchange program, notwithstanding any provision of the Controlled Substances Act in Article 5 of GS Chapter 90. Conditions the limited immunity to apply only if the person claiming immunity provides written verification that a needle, syringe, or other injection supplies were obtained from a needle and hypodermic syringe exchange program established pursuant to the statute. Established immunity from civil liability for a law enforcement officer who acts in good faith in arresting or charging a person who is thereafter determined to be entitled to immunity from prosecution under the statute.

Requires organizations establishing exchange programs to report certain information to the Department of Health and Human Services (DHHS) prior to commencing operations.

Also requires organizations operating exchange programs to report specified information to DHHS's Division of Public Health (DPH) no later than one year after commencing operations and every 12 months thereafter.

Makes conforming change to the long title.

Provides that this new Section 4 is effective when it becomes law and that Sections 1, 2, and 3 (all provisions of the previous edition related to law enforcement recordings) of the act are effective October 1, 2016, and apply to all requests made on or after that date for the disclosure or release of a recording.