Identical to S 713, filed 4/6/23.

Part I.

Requires the Department of Justice (DOJ) to assist law enforcement agencies seeking grant funds by alerting law enforcement agencies to available grant funds and assisting law enforcement agencies with drafting and submitting grant proposals and applications. Appropriates $200,000 in recurring funds for each year of the 2023-25 biennium from the General Fund to DOJ to hire two full-time grant writers. Effective July 1, 2023.

Appropriates $250,000 in recurring funds for each year of the 2023-25 fiscal biennium from the General Fund to DOJ to award grants to law enforcement agencies for initiatives supporting community policing. Effective July 1, 2023.

Appropriates $500,000 in recurring funds for 2024-25 from the General Fund to DOJ to be used for grants: (1) provided to law enforcement agencies to be awarded to law enforcement officers exhibiting exemplary service and (2) awarded to law enforcement agencies for meeting racial or gender diversity benchmarks. Caps grant awards at $10,000. Effective July 1, 2024.

Amends GS 15A-401(d), which sets out when a law-enforcement officer is justified in using deadly physical force, by making requiring in all circumstances in which a law enforcement officer uses force of any kind, that the law-enforcement officer use the minimum amount of force reasonably necessary to accomplish the law-enforcement action and attempt to use de-escalation tactics. Effective October 1, 2023.

Requires the Attorney General, in consultation with the North Carolina Sheriffs' Association and the North Carolina Association of Chiefs of Police, to develop uniform use-of-force policies that may be adopted by all law enforcement agencies in the state. Requires the policies to be submitted to the specified NCGA committee by December 1, 2024, published on DOJ's website, and distributed digitally to all law enforcement agencies in the state.

Amends GS 17C-6 to also give the North Carolina Criminal Justice Education and Training Standards Commission the power to (1) establish the minimum age requirement for qualification for entry level employment as a criminal justice officer, which must not be less than age 21; (2) establish minimum mental health screening protocols that must be met in order to qualify for entry level employment and retention as a criminal justice officer in temporary or probationary status or in a permanent position--requires standards for entry level employment to include a psychological screening within one year prior to certification; and (3) establish minimum annual mental health screening protocols for criminal justice officers, including additional screenings following a traumatic event. 

Amends GS 17C-13 to allow the North Carolina Criminal Justice Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.

Amends GS 17E-4 to also give the North Carolina Sheriffs' Education and Training Standards Commission the power to (1) establish the minimum age requirement for qualification for entry level employment as an officer, which must not be less than age 21; (2) establish minimum mental health screening protocols that must be met in order to qualify for entry level employment and retention as an officer in temporary or probationary status or in a permanent position--requires standards for entry level employment to include a psychological screening within one year prior to certification; and (3) establish minimum annual mental health screening protocols for officers, including additional screenings following a traumatic event. 

Amends GS 17E-12 to allow the North Carolina Sheriffs' Education and Training Standards Commission access to a person's misdemeanor conviction records and allow the Commission to deny, suspend, or revoke a person's certification based solely on that person's conviction of four or more misdemeanors.

The above provisions are effective January 1, 2024.

Appropriates $1 million in recurring funds for each year of the 2023-25 biennium from the General Fund to the DOJ for grants to law enforcement agencies to pay for the required mental health screenings. Effective July 1, 2023.

Appropriates $1 million in recurring funds for each year of the 2023-25 biennium from the General Fund to DOJ for grants to law enforcement agencies to temporarily provide funding for detectives or other investigative law enforcement positions in order to aid in the investigation of person crimes that would constitute a charge of a Class D felony or higher. Effective July 1, 2023.

Appropriates $250,000 in recurring funds from the General Fund to the North Carolina Justice Academy for each year of the 2023-25 biennium to expand its ability to serve law enforcement agencies of the state by providing more opportunities to attend courses and trainings. Appropriates $250,000 in nonrecurring funds from the General Fund to the North Carolina Justice Academy for each year of the 2023-25 biennium to expand its ability to offer online courses for law enforcement agencies to allow for greater statewide participation in Academy courses and training. Effective July 1, 2023.

Requires the North Carolina Justice Academy and the North Carolina Community College System to develop a memorandum of understanding to allow community colleges to provide training and education to those trained and educated by the Academy to alleviate travel time and related costs. Requires the MOU to be submitted to the specified NCGA committee by October 1, 2023.

Appropriates $250,000 in recurring funds from the General Fund to the DOJ for each year of the 2023-25 biennium to further develop, maintain, and staff the North Carolina Law Enforcement Accreditation Program. Effective July 1, 2023.

Amends GS 17C-20 to open up eligibility for the Criminal Justice Fellows Program (Program) to all counties (was, counties with a population of less than 200,000).

Amends GS 17C-22 to expand upon the Program's purpose to also include forgivable loans for obtaining a Bachelor's Degree or an NC Basic Law Enforcement Training Program certificate of completion. Expands term of eligibility to allow loans to be provided for up to four years (was, up to two years). Sets out requirements for recipients of loans for these degrees and certificates, including employment requirements post graduation. Makes conforming changes. Amends GS 17C-23 by making conforming changes to loan terms and disbursement of funds. Gives recipients up to 120 months to repay all funds distributed, including interest, received in pursuit of a Bachelor's Degree and 60 months for those in pursuit of an applied associate degree in Criminal Justice or Committee-approved field of study or Basic Law Enforcement Training Program certificate of completion. 

Appropriates $63,000 in recurring funds for each year of the 2023-25 biennium from the General Fund to the NC Criminal Justice Fellows Program to hire a full-time loan administrator. Effective July 1, 2023.

Amends GS 15A-401 to require the State's law enforcement agencies to designate specially trained law enforcement officers to be a part of an agency Crisis Intervention Team trained in determining whether a person is experiencing a mental or behavioral health crisis and what methods are available to de-escalate or otherwise safely engage in interactions with the person. Requires the establishment of the team by December 1, 2025, in order to remain eligible for Governor's Crime Commission grants. 

Appropriates $250 million from the General Fund to DOJ for 2023-24 for grants for the Crisis Intervention Team training. Effective July 1, 2023. 

Appropriates $500,000 for 2023-24 from the General Fund to the Criminal Justice Education and Training Standards Commission to implement the NC STAR Pilot Program. Specifies that the funds do not revert until June 30, 2025. Requires the Criminal Justice Education and Training Standards Commission to manage the NC STAR Pilot Program and develop guidelines and procedures to administer the program and distribute grants. Sets the purpose of the Program as helping city and town police departments provide alternative responses to citizens in crisis. Requires each local Support Team Assisted Response (STAR) program receiving a grant under the Program to allow for the response of behavioral and medical health personnel to nonviolent situations deemed appropriate by the city or town police department. Requires, at least, that those responding to citizens on behalf of each local STAR program be equipped to provide individuals with information regarding shelter, food aid, counseling, and medication. Makes all city and town police departments in the State are eligible for grants. Sets out required grant application information and criteria to be used when awarding grants. Caps grant amounts at $50,000 per eligible grant recipient. Sets out the amount that may be used for Program administration. Requires the Criminal Justice Education and Training Standards Commission, in consultation with each police department receiving N.C. STAR Pilot Program funds, to report to the specified NCGA committee in 2024, 2025, and 2026 on the specified items related to local STAR programs. Effective July 1, 2023.

Part II.

Reenacts GS 14-402 and makes the following changes. Makes it illegal for any private person (was, person, firm, or corporation) to sell, give away, or transfer, or to purchase or receive a pistol from a person other than a federally licensed firearm dealer (was, any pistol, without indicating the source), without a pistol purchase permit from the State Bureau of Investigation (was, sheriff of the county where the purchaser resides) or a valid concealed handgun permit. Defines private person as a person, firm, or corporation who is not a federally licensed firearm dealer acting in accordance with federal law. Makes an exception to the prohibition on receiving a pistol through the mail for a person with documentation demonstrating that they are a federally licensed firearm dealer.

Amends GS 14-403 to make the State Bureau of Investigation, instead of the sheriff, responsible for issuing pistol purchase permits. Makes conforming changes to GS 14-404 and no longer requires consultation with the North Carolina Sheriff's Association in developing the permit application form. Makes conforming changes to GS 14-405 and 14-407.1. Makes conforming changes to GS 14-408.1 and also replaces references to "licensed dealers" with "federally licensed firearm dealers."

Reenacts GS 14-315(b1)(1), which includes as a defense to the prohibition on selling or giving a firearm to a minor that the person shows that the minor produced an apparently valid permit to receive the weapon. 

Reenacts GS 122C-54(d2) to give the State Bureau of Investigation access to records of involuntary commitment for mental health or substance abuse treatment for background checks under GS 14-404.

If H 50 (Pistol Purchase Permit Repeal) or substantially similar legislation becomes law, adds new Article 53D, Universal Background Check, to GS Chapter 14, providing as follows. Prohibits a federally licensed firearm dealer from selling, transferring, or delivering a firearm to a private person without conducting a background check that includes verifying the private person's identity by examining a government-issued identification card and conducting a check through the National Instant Criminal Background Check System. Makes it illegal for the following person to possess a firearm: (1) under an indictment or information for, or has been convicted in any state or in any court of the United States of, a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade); (2) fugitive from justice; (3) unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug; (4) adjudicated mentally incompetent or has been committed to any mental institution; (5) alien illegally or unlawfully in the United States; (6) discharged from the US Armed Forces under dishonorable conditions; (7) has renounced his or her US citizenship; (8) subject to a court order that was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate, that restrains the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, and that includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury. Makes it illegal for a federally licensed firearm dealer to sell, transfer, or deliver a firearm to another person if the background check reveals that possession by the person would violate the law or if the dealer knows or has reason to know that the person is prohibited from possessing a firearm. Specifies that a transferor is not prevented from removing a firearm from the licensed dealer's premises if the background check indicates that the transferee is prohibited from possessing or receiving firearms. Makes it a Class F felony for a federally licensed firearm dealer to sell, transfer, or deliver a firearm to a person in violation of this Article, or any person to provide materially false information to the dealer with the intent of illegally obtaining a firearm.

Makes it illegal for a private person to transfer a firearm to another without conducting a background check through a federally licensed firearm dealer and the firearm dealer verifying that the transfer is not illegal. Defines transfer. Sets out exceptions for transactions involving specified family members and guardians. Violations are a Class F felony. Applies to transfers of firearms occurring on or after December 1, 2023. 

Amends GS 14-315.1 by increasing the penalty for a person who resides with a minor to leave a firearm in a condition that it can be discharged and in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, from a Class 1 misdemeanor to a Class D felony. Adds a Class D felony for a person residing with an unauthorized person to own or posses a firearm and store or leave it without securely locking it or rendering it incapable of being fired, if the unauthorized person accesses the firearm and: (1) possesses it in violation of the specified law; (2) exhibits it in a public place in a careless, angry, or threatening manner; (3) causes personal injury or death that is not in self-defense; or (4) uses the firearm in the commission of a crime. Defines unauthorized person as one who is not authorized to purchase a firearm under State or federal law. Makes conforming changes. Applies to offenses committed on or after December 1, 2023.

Amends GS 105-164.13 by exempting from sales tax equipment designed to prevent unauthorized access to firearms, including a device designed to prevent the firearm from being operated without first deactivating the device, or a gun safe, case, lock box, or other device designed to prevent access to a firearm by any means other than a key, a combination, biometric data, or similar means. Applies to sales made on or after October 1, 2023.

Enacts new GS Chapter 50E, the Extreme Risk Protection Orders Act, providing a court procedure for concerned citizens and law enforcement to obtain an order temporarily restricting a person's access to firearms in situations where a person poses a significant danger of harming themselves or others by possessing a firearm. Includes related legislative findings. Sets out defined terms applicable to the Chapter.

Allows either a family or household member or a law enforcement officer or agency to file a verified petition in district court for an Extreme Risk Protection Order (ERPO) in any county authorized by the venue provisions set out in GS 1-82 (most commonly where the plaintiff or defendant resides). Defines family or household member to be (1) a person related by blood, marriage, or adoption to the respondent; (2) a dating partner of the respondent; (3) a person who has a child in common with the respondent; (4) a domestic partner of the respondent; (5) a person who has a biological or legal parent-child relationship with the respondent, including stepparents, stepchildren, grandparents, and grandchildren; and (6) a person who is acting or has acted as the respondent's legal guardian. Sets out information required in the petition, including: (1) a factual allegation that the respondent poses a danger of physical harm to self or others (and in the case of an ex parte ERPO, poses an imminent danger of physical harm to self or others) by having in his or her care, custody, possession, ownership, or control a firearm; (2) an identification of the number, types, and locations of firearms under the respondent's custody or control; (3) an identification of any existing protection order governing the respondent; and (4) an identification of any pending legal action between the petitioner and the respondent. Requires an ERPO petition to be accompanied by a written statement made by a witness that states specific facts supporting the allegation in the petition along with the witness's name and relationship to the petitioner, or an audio and visual recording of the incident the petitioner is using as the basis for the ERPO.

Clarifies that a petition for an ERPO can be granted without delay regardless of whether there is pending action between the petitioner and the respondent. Provides for a petitioner to use the substitute address designated by the Address Confidentiality Program when filing documents required by new Chapter 50E. Prohibits the assessment of court costs or attorneys' fees for filing or service of an ERPO petition or service of any ERPOs, except for sanctions for violations regarding signing and verification of the pleadings under GS 1A-1, Rule 11. Authorizes electronic filing of all documents filed, issued, registered, or served in an action under new Chapter 50E.

Requires a summons be issued and served no later than five days prior to the date set for the full ERPO hearing, with the ERPO petition, any ex parte ERPO that has been issued and the notice of hearing on the ex parte ERPO, and a description of an ERPO attached. Directs the clerk of court to effect service through the appropriate law enforcement agency.

Sets forth the required information that must be included in an ERPO, including (1) a statement of the grounds supporting its issuance; (2) the date and time the ERPO was issued and when it expires; (3) whether a mental health or chemical dependency evaluation of the respondent is required; (4) the court's address where a responsive pleading can be filed; (5) a description of the relinquishment and retrieval requirements for firearms, ammunition, and related permits of the respondent; (6) a description of the process for seeking termination of the ERPO; and (7) a statement that violation of the ERPO is a Class A1 misdemeanor. 

Details the parameters of issuing an ex parte ERPO without service or notice. Requires the court to find by clear, cogent, and convincing evidence that the respondent poses an imminent danger of causing physical injury to self or others by having in his or her custody a firearm before a judge or magistrate can issue an ex parte ERPO. Provides that the chief district court judge can designate for each county at least one judge or magistrate to be reasonably available to issue ex parte ERPOs when the court is not in session. Authorizes hearings to consider ex parte relief to be held by video conference.

Details the parameters of issuing a full ERPO, including a hearing on the petition no later than 10 days from either the date an ex parte ERPO was issued, if applicable, or the date the petition was filed. Allows for one continuance of no more than 10 days unless all parties consent or good cause is shown. Permits issuance of a full ERPO when (1) the court finds by a preponderance of the evidence that the respondent poses a danger of causing physical injury to self or others by having in his or her custody a firearm, (2) process was proper, and (3) notice of hearing was proper.

Requires the respondent to immediately surrender to the sheriff possession of all firearms, ammunition, and permits in the custody or control of the respondent upon service of an ERPO, or within 24 hours of service at a time and place specified by the sheriff in the event weapons cannot be surrendered at the time the ERPO is served. Requires the sheriff to issue receipt at the time of surrender or seizure, and file receipt with the court within 48 hours after issuing the receipt. Provides for a warrant to be issued for failure to surrender firearms. Allows the sheriff to charge the respondent a reasonable fee for the storage of any firearms and ammunition taken pursuant to an ERPO. Provides for retrieval if the ex parte ERPO expires and the court does not enter a full ERPO. Otherwise, requires the respondent to file a motion for retrieval within 90 days after an ERPO expires, whereby surrendered firearms, ammunition, and permits must be returned to the respondent within 30 days of the motion unless the court finds the respondent is otherwise precluded from owning or possessing a firearm pursuant to state or federal law. Provides for motion for return by a third party. Authorizes disposal of surrendered firearms that have not been or cannot be returned as specified.

Sets the duration of an ex parte ERPO to be from its effective date to the date the hearing is held, or if a hearing is not held or a continuance not granted, no more than 10 days from its issuance. Requires a full ERPO to be effective for a fixed period of time not to exceed one year. Provides for renewal of any ERPO by the petitioner one or more times prior to its expiration, providing the initial requirements are satisfied and there has been no material change in the circumstances since its issuance. Limits the granting of renewals to open court. 

Details the process of terminating an ERPO, with the respondent limited to submitting one motion for termination for every 12-month period the full ERPO is in effect. Requires the court to set a hearing no sooner than 14 days and no later than 30 days from the date of service upon the petitioner. Requires the respondent to prove by a preponderance of the evidence that he or she does not pose a danger of causing physical injury to self or others by having a firearm in his or her custody or care.

Requires the clerk to provide same day notice of ERPO issuance to the sheriff. Requires the sheriff to promptly enter the ERPO into the National Crime Information Center registry; update the orders in the registry upon modification, termination, renewal, or dismissal; and provide 24/7 access to the orders to the courts. Also requires a copy of the ERPO be issued promptly to and retained by the municipal police department. Provides for notice to the respondent if he or she was not present when the ERPO was issued, and for notice to third parties where applicable.

Makes it a Class A1 misdemeanor for any person to possess, purchase, or receive, or attempt to possess, purchase, or receive, a firearm, ammunition, or permits to purchase or carry concealed firearms for so long as an effective ERPO is entered against that person.

Makes it a Class 2 misdemeanor for any person to knowingly make a false statement when petitioning for an ERPO, and for any person to knowingly make a false statement to law enforcement that an ERPO remains in effect.

Clarifies that the remedies provided in new GS Chapter 50E are not exclusive, and that the Chapter does not affect the ability of law enforcement to remove a firearm or permit from any person, or conduct any search and seizure for firearms, pursuant to other lawful authority.

Specifies that Chapter 50E does not impose any criminal or civil liability on any person or entity for acts or omissions related to obtaining an ERPO.

Amends GS Chapter 15C, providing for the inclusion of petitioners for an ERPO in the Address Confidentiality Program. Makes conforming changes.

Amends GS 14-415.4 to require a court to deny a petition to restore the petitioner's firearm rights if the court finds an ex parte or full ERPO has been issued pursuant to GS Chapter 50E or a similar out-of-state or federal order has been issued against the petitioner and the court order is still in effect.

Directs the Administrative Office of the Courts (AOC) to develop the appropriate forms to implement the processes set out in new GS Chapter 50E.

Effective December 1, 2023.

Part III.

Amends GS 115C-47 by amending the local boards of education duties related to school psychologists to now require that each local school administrative unit staff at least one full time (was, employs at least one full time, permanent) school psychologist. Adds that if the board is unable to find a qualified school psychologist to hire full-time, then the position allocation for the psychologist may be converted to a dollar equivalent for the board to contract with a third party to provide school psychologist services for an amount of hours equivalent to a full-time school psychologist employee.

Enacts new GS 115C-105.62, providing as follows. Requires the Superintendent of Public Instruction to establish the School Safety Grants Program (Program) to improve safety in public school units by providing grants for services for students in crisis, school safety training, and safety equipment in schools. Sets out what is to be included in a grant application and allows a public school unit to apply for one or more grants. Sets out items to be considered when awarding grants. Sets out the following categories of grants. Requires awarding grants to public school units in contract with community partners (as defined) to provide or pay for the provision of the specified crisis services. Requires awarding grants to public school units in contract with community partners (as defined) to address school safety by providing training to help students develop healthy responses to trauma and stress, including the specified services. Requires awarding grants to public school units (and charter schools) for (1) the purchase of safety equipment for school buildings and (2) training associated with the use of this safety equipment, with priority given to the purchase of specified types of safety equipment. Specifies that these grants supplement and not supplant funds already provided for these purposes. Allows the Superintendent to retain up to $100,000 per fiscal year for administrative costs. Requires the Superintendent to report annually on the Program to the specified NCGA committees and division; specifies what is to be included in the report. Requires applications for the Program to be available by August 1, 2023. Appropriates $20 million from the ARPA Temporary Savings Fund to the Department of Public Instruction for each year of the 2023-25 biennium to fund the Program and states the NCGA's intent to fund the Program with recurring funds beginning with the 2025-27 biennium. Effective July 1, 2023.

Part IV.

Includes a severability clause.