Bill Summary for S 238 (2021-2022)

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Summary date: 

Mar 10 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 238 (Public) Filed Wednesday, March 10, 2021
AN ACT TO ESTABLISH LOCAL GOVERNMENTAL LIABILITY FOR DAMAGES, INJURY, OR DEATH OCCURRING DURING PUBLIC DEMONSTRATIONS.
Intro. by Johnson, McInnis, Craven.

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Bill summary

Enacts GS 153A-212.3 and GS 160A-289.3 to prohibit governmental entities from intentionally prohibiting, preventing, or delaying law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration unless the services are replaces by like services provided by another governmental entity. Defines governmental entity to include mayor, chief executive officer, governing body, board, commission, committee, or department of a municipality, county, or other political subdivision of the State. Makes governmental entities liable for damages, injury, or death proximately caused by the governmental entity in violation of the statute. Excludes tactical decisions made by law enforcement or fire and rescue services personnel based on the risks to or safety of personnel or the public. Applies to demonstrations occurring on or after the date the act becomes law.