AN ACT TO MODIFY VARIOUS POWERS OF THE CRIMINAL JUSTICE AND SHERIFFS' EDUCATION AND TRAINING STANDARDS COMMISSIONS AND TO PROVIDE THAT CERTAIN EXPUNGED CRIMES COMMITTED BY MINORS CANNOT PREVENT LAW ENFORCEMENT CERTIFICATION. SL 2023-56. Enacted June 23, 2023. Effective June 23, 2023, except as otherwise provided.
Bill Summaries: H611 MODIFY TRAINING/STANDARDS COMMISSIONS POWER.
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Tracking:
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Bill H 611 (2023-2024)Summary date: Jun 26 2023 - View Summary
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Bill H 611 (2023-2024)Summary date: Jun 13 2023 - View Summary
Senate committee substitute to the 1st edition adds the following content.
Amends GS 17C-13, applicable to the North Carolina Criminal Justice Education and Training Standards Commission, and GS 17E-12, applicable to the North Carolina Sheriffs' Education and Training Standards Commission, by specifying that the relevant Commission's power to deny, suspend, or revoke a person's certification based solely on the person's felony conviction does not apply if the conviction was expunged under GS 15A-145.4 (expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony) or GS 15A-145.8A (expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence).
Requires that the Commission and Conviction Definition Rule (Rule), 12 NCAC 10B .0103, be implemented so that the terms "commission of offense," "convicted," or conviction do not include an offense expunged under GS 15A-145.4 or GS 15A-145.8A. Requires the North Carolina Criminal Justice Education and Training Standards Commission to adopt a rule to amend the Rule so that it is consistent with this implementation.
Requires that the Commission and Conviction Definition Rule (Rule), 12 NCAC 10B .0103, be implemented so that the terms "commission," "convicted," or conviction do not include an offense expunged under GS 15A-145.4 or GS 15A-145.8A. Requires the North Carolina Sheriffs' Education and Training Standards Commission to adopt a rule to amend the Rule so that it is consistent with this implementation.
Makes conforming changes to the act's long title.
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Bill H 611 (2023-2024)Summary date: Apr 13 2023 - View Summary
Amends GS 17C-6, by amending the powers of the North Carolina Criminal Justice Education and Training Standards Commission as follows. Requires also establishing minimum standards and levels of education and experience for criminal justice instructors with probationary or limited teaching privileges, qualified assistants, in-service training coordinators, and executive officers participating in required programs or courses. Also gives it the power to (1) certify and recertify, suspend, revoke, or deny and (2) investigate and evaluate those same individuals.
Amends GS 17E-4 by amending the powers of the North Carolina Sheriffs' Education and Training Standards Commission (Commission) as follows. In addition to certifying, allows the Commission to recertify, suspend, revoke, or deny: (1) persons as qualified under the provisions of this Chapter who may be employed as entry level officers and (2) training schools and programs or courses of instruction that are required by this Chapter. Allows the Commission to establish standards and levels of education or equivalent experience specifically for criminal justice school instructors, including instructors with probationary or limited teaching privileges, qualified assistants, in-service training coordinators, executive officers, and school directors (was, more generally teachers) who participate in programs or courses of instruction required by this Chapter. Expands upon the actions that can be taken concerning teachers to include, in addition to certify, recertify, suspend, revoke, or deny, and expands upon who is included in the provision to include criminal justice school instructors, including instructors with probationary or limited teaching privileges, qualified assistants, in-service training coordinators, executive officers, and school directors who participate in programs or courses of instruction required by this Chapter or are required and approved by the instructor's agency, including programs or courses of instruction certified under GS Chapter 17C or offered by an educational institution accredited by the Commission. Allows investigating and evaluation to determine if criminal justice school instructors, including instructors with probationary or limited teaching privileges, qualified assistants, in-service training coordinators, executive officers, and school directors are complying with this Chapter. Makes technical changes.
Amends GS 17E-5 to subject any papers, documents, or other records which become Commission property that are placed in the criminal justice officer's personnel file maintained to the same disclosure requirements for personnel records under GS Chapters 126, 153A, 47 and 160A.