Bill Summary for H 589 (2021-2022)

Summary date: 

Apr 15 2021

Bill Information:

View NCGA Bill Details2021
House Bill 589 (Public) Filed Thursday, April 15, 2021
AN ACT TO PROHIBIT LAW ENFORCEMENT OFFICERS FROM USING CHEMICAL AGENTS ON MINORS.
Intro. by K. Smith, Hawkins.

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Bill summary

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. 

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