Amends GS 15A-401(d), which governs use of force during arrest, to explicitly prohibit law enforcement officers from using chemical agents, defined by a nonexhaustive list that includes oleoresin, capsicum, pepper spray, and teat gas, on a person that the officer knows or should know is under 18. Directs all State agencies, local departments, offices, campus police agencies and company police agencies employing sworn law enforcement officers with the power to arrest to develop a mandatory policy that incorporates this restriction. Requires these policies to be made available to the public by issuance of a news release that is published on the department, office, or agency's website. Makes conforming changes.
Enacts the following statutes providing substantively identical language that prohibits the specified type of officer from using chemical agents (defined in the same manner as GS 15A-401(d), as amended) on a person the officer knows or should know is under 18, and directs the specified agency to develop a mandatory policy that incorporates the restriction which must be made publicly available by issuance of a news release that is published on the specified agency's website:
- GS 20-196.6 (applicable to State Troopers and the State Highway Patrol);
- GS 74E-10.1 (applicable to company police officers and company police agencies);
- GS 74G-10.1 (applicable to campus police officers and campus police agencies);
- GS 143B-927.1 (applicable to State Bureau of Investigation law enforcement officers and the SBI);
- GS 153A-213 (applicable to county law enforcement officers and counties); and
- GS 160A-290 (applicable to city law enforcement officers and cities).
Effective October 1, 2021.
PROHIBIT LEO USE OF CHEMICAL AGENTS ON MINORS.
Printer-friendly: Click to view
View NCGA Bill Details | 2021 |
AN ACT TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING CHEMICAL AGENTS ON MINORS.Intro. by K. Smith, Hawkins.
Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 20 2021)
Bill History:
-
Thu, 15 Apr 2021 House: Filed
-
Tue, 20 Apr 2021 House: Passed 1st Reading
-
Tue, 20 Apr 2021 House: Ref To Com On Rules, Calendar, and Operations of the House
H 589
Bill Summaries:
-
Bill H 589 (2021-2022)Summary date: Apr 15 2021 - View Summary
View: All Summaries for Bill