Bill Summaries: H 731 POLICE REFORM FOR 2023.

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  • Summary date: Apr 19 2023 - View Summary

    Section 1

    Amends GS 15A-242 by making clarifying changes.

    Amends GS 15A-244 by adding in new (b) that for an officer to be able to break and enter any premises or vehicle in the execution of a search warrant pursuant to GS 15A-251(b) (when the officer has probable cause to believe that the giving of  notice would endanger the life or safety of any person) the application for a search warrant must contain, in addition to the already required elements: (1) a statement that there is probable cause to believe that the giving notice of the execution of the search warrant would endanger the life or safety of any person; (2) allegations of fact particularly setting forth the facts and circumstances establishing probable cause to believe that the giving of notice of the execution of the search warrant would cause such endangerment. Makes additional clarifying changes.

    Amends GS 15A-251 by amending one of the two circumstances under which an officer may break and enter any premises or vehicle when necessary to execute a warrant, to include when the warrant includes the statement and allegations of fact required by GS 15A-244(b) (was, when the officer has probable cause to believe that the giving of notice would endanger the life or safety of any person).

    Makes clarifying changes to the following statutes and makes language gender neutral: GS 15A-245, GS 15A-246, GS 15A-247, GS 15A-249, GS 15A-253, GS 15A-254, and GS 15A-255.

    Applies to search warrants issued on or after October 1, 2023.

    Section 2

    Amends GS 15A-401(d)(2), which sets out when a law-enforcement officer is justified in using deadly physical force, by adding that the use of deadly force includes strangleholds, chokeholds, lateral vascular neck restraints, carotid restraints, or any other tactics that restrict oxygen or blood flow to the head or neck.

    Section 3

    Enacts GS 20-196.6, requiring State Troopers to use body-worn cameras, as follows. Specifies State Troopers must use body-worn and dashboard cameras in all interactions with members of the public, including, but not limited to: traffic stops, pursuits, arrests, searches, interrogations not covered under GS 15A-211, interviews with victims and witnesses, and interactions with inmates of a State correctional facility or local confinement facility. Specifies that this does not apply during undercover operations. Enacts new GS 143B-927.1, enacting the same provisions, applicable to the State Bureau of Investigation (SBI). Enacts new GS 153A-213 enacting the same provisions, applicable to county law enforcement officers. Enacts new GS 160A-290 applicable to city law enforcement officers.

    Enacts new GS 74E-10.1, enacting the same provisions, applicable to a company police agency. Limits the specified instances in which body-worn and dashboard cameras are to be used to arrests, searches, interrogations not covered under GS 15A-211, and interviews with victims and witnesses.

    Enacts new GS 74G-10.1, enacting the same provisions, applicable to a campus police agency. Amends the specified instances in which body-worn and dashboard cameras are to be used by including all interactions listed for State Troopers except interactions with inmates of a State correctional facility or local confinement facility.

    Effective October 1, 2023 and applies to interactions occurring on or after that date.

    Section 4

    Amends training standards required to qualify for entry level employment and retention as a criminal justice officer set forth in GS 17C-6 (powers of NC Criminal Justice Education and Training Standards Commission [Commission]) and GS 17E-4 (powers of NC Sheriffs’ Education and Training Standards Commission [Sheriffs’ Commission]), as follows. Requires education and training on the use of force, the use of deadly force, excessive force, methods for intervening when witnessing excessive force, de-escalation tactics, and methods of warning individuals prior to discharging a firearm. Requires in-service training for sworn law enforcement officers to also include, use of deadly force, de-escalation tactics, excessive force, methods for intervening when witnessing excessive force, and methods of warning individuals prior to discharging a firearm. Requires the Commission and Sheriffs’ Commission to issue temporary rules to implement new training requirements. Makes technical changes. Effective October 1, 2023, and applies to entry-level education and training and in-service training required on or after that date.