Bill Summary for S 300 (2021)

Summary date: 

May 11 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 300 (Public) Filed Monday, March 15, 2021
AN ACT TO INCREASE PROTECTIONS, TRAINING, AND OVERSIGHT FOR STATE AND LOCAL LAW ENFORCEMENT OFFICERS; TO CREATE A DECERTIFICATION DATABASE; TO REQUIRE USE OF THE FEDERAL BUREAU OF INVESTIGATION'S NEXT GENERATION IDENTIFICATION SYSTEM AND RAP BACK SERVICE FOR LAW ENFORCEMENT; TO REQUIRE REPORTING RELATED TO GIGLIO MATERIAL; TO EXPAND TRANSPORTATION OF INVOLUNTARY COMMITMENT RESPONDENTS; TO STANDARDIZE LAW ENFORCEMENT OFFICER ENTRY REQUIREMENTS AND ONGOING REQUIREMENTS; TO REQUIRE PSYCHOLOGICAL SCREENINGS OF LAW ENFORCEMENT OFFICERS PRIOR TO CERTIFICATION OR EMPLOYMENT; TO EDUCATE LAW ENFORCEMENT OFFICERS ON MAINTAINING GOOD MENTAL HEALTH, AND TO PROVIDE INFORMATION TO LAW ENFORCEMENT OFFICERS ON MENTAL HEALTH RESOURCES AVAILABLE; TO CREATE A PHYSICAL FITNESS STUDY; TO DECRIMINALIZE CERTAIN LOCAL ORDINANCES AND PROVIDE COMPLIANCE AS A DEFENSE TO AN ORDINANCE VIOLATION; TO MANDATE MISDEMEANOR FIRST APPEARANCES WHEN A DEFENDANT IS IN CUSTODY; TO REQUIRE USE OF THE NATIONAL DECERTIFICATION INDEX MAINTAINED BY THE INTERNATIONAL ASSOCIATION OF DIRECTORS OF LAW ENFORCEMENT STANDARDS AND TRAINING IN THE CERTIFICATION PROCESS FOR CERTIFIED PERSONNEL; TO ESTABLISH A DUTY FOR LAW ENFORCEMENT OFFICERS TO INTERVENE IN AND REPORT EXCESSIVE USE OF FORCE; TO ADDRESS CONSTITUTIONAL ISSUES WITH SATELLITE-BASED MONITORING RAISED IN STATE VERSUS GRADY AND CREATE A PROCESS TO REVIEW WHETHER OFFENDERS SUBJECT TO THAT CASE WHICH WERE REMOVED FROM SATELLITE-BASED MONITORING ARE OTHERWISE ELIGIBLE; TO REMOVE THE STANDARDS COMMISSIONS FROM A NONEXCLUSIVE LIST OF STATE AGENCY LICENSING BOARDS; TO PROTECT LAW ENFORCEMENT OFFICERS; TO AMEND THE LAW TO PROVIDE IMMEDIATE DISCLOSURE OF BODY-WORN CAMERA RECORDINGS RELATED TO DEATH OR SERIOUS BODILY INJURY; AND TO ESTABLISH THE BIPARTISAN NORTH CAROLINA LEGISLATIVE WORKING GROUP TO MAKE RECOMMENDATIONS FOR THE RECODIFICATION OF NORTH CAROLINA'S CRIMINAL LAWS.
Intro. by Britt, Daniel, Lee.

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Bill summary

Senate committee substitute to the 2nd edition makes the following changes. 

Part II.

Revises proposed GS 143B-972.1 to require the State Bureau of Investigation (SBI) to provide the NC Criminal Justice Education and Training Standards Commission and the NC Sheriffs' Education and Training Standards Commission (hereinafter the Commissions) the criminal history of any applicant for certification or any person certified as a criminal justice officer or justice officer only, no longer also including any other position that requires certification by the Commission. More specifically requires employing agencies to provide the SBI fingerprints of any applicant for certification and certified criminal justice officers or justice officers (was certified officers only).

Part III.

Revises new GS 17C-15 and GS 17E-15, now allowing an officer required to report to the Criminal Justice Standards Division of the Department of Justice (Division) as being involved in a critical incident to request a hearing in superior court for a determination of whether the officer's involvement was properly placed in the database (was given the right to request a contested case hearing under GS Chapter 150B).

Part IV.

Revises GS 17C-16, concerning persons certified by the NC Criminal Justice Education and Training Standards Commission, and GS 17E-16, concerning persons certified by the NC Sheriffs' Education and Training Standards Commission, which each require a certified individual, or any individual who has received a conditional offer of employment, who has been notified that the individual will not be called to testify at trial based on bias, interest, or lack of credibility to report to and provide a copy of the notification to the Criminal Justice Standards Division (under GS 17C-16) or the Justice Officers' Standards Division (under GS 17E-16), as appropriate, within 30 days of receiving the notification. Regarding the required annual reports of the Commissions to the specified NCGA committee of the individuals for whom the Division has received a report during the previous calendar year, aligns the provisions of each statute to require the report to include information for each case on whether a final agency decision has been entered and what action was taken, if any (no longer specifying agency final decisions pursuant to GS Chapter 150B in GS 17C-16). Now more specifically provides for a person to request judicial determination of a notification which might meet the reporting requirement, providing for a hearing in superior court (was a court of competent jurisdiction).

Part VII.

Revises the proposed requirements of GS 17C-10, concerning the NC Criminal Justice Education and Training Standards Commission and criminal justice officers, and GS 17E-7, concerning the NC Sheriff's Education and Training Standards Commission and justice officers, for both Commissions to include the administration of a psychological screening exam, including an in-person interview conducted by a licensed psychologist. Now specifically requires the exam to be given prior to certification, or prior to the officer performing any action requiring certification by the Commission (was and prior to employment) to determine the officer's mental and emotional suitability to properly fulfill the responsibilities of a criminal justice or justice officer, respectively. Makes a technical correction to GS 17E-7.

Part XX.

Enacts GS 14-208.39, stating legislative findings regarding the efficacy of the GPS monitoring program in deterring criminal behavior among sex offenders. 

Deletes the proposed changes to GS 14-208.6, which provides for defined terms applicable to Article 27A (Sex Offender and Public Protection Registration Programs), to no longer define predatory recidivist, or revise the definition for sexually violent offense. Instead adds and defines the term reoffender as a person who has two or more convictions for a felony that is described in GS 14-208.6(4) as a reportable conviction.

Deletes the proposed changes to GS 14-208.40 and now provides for the sex offender monitoring program established by the Division of Adult Correction and Juvenile Justice to be designed to monitor offenders convicted of a reportable conviction who are required to register due to classification as a reoffender, among other classifications, and to no longer include monitoring of recidivists. Additionally modifies the directive to include monitoring of the class of offenders convicted of GS 14-27.23 (statutory rape of a child) or GS 14-27.28 (statutory sex offense with a child) to require enrollment in the program for the later of 10 years after the termination of the offender's active punishment or completion of any period of probation (was for the offender's natural life upon termination of the offender's active punishment).

Deletes the proposed changes to GS 14-208.40A and now amends the statute to require the district attorney to present evidence and the court to make a finding that the offender is a reoffender, no longer providing for evidence or required findings regarding the offender being a recidivist. Rather than requiring a court to order enrollment in a satellite based monitoring program, now requires a court finding that the offender has been classified as a sexually violent predator, is a reoffender (was recidivist), has committed an aggravated offense, or was convicted of GS 14-27.23 or GS 14-27.28, to order that the Division of Adult Correction and Juvenile Justice do a risk assessment of the offender within 60 days and report to the court, whereupon the court must order enrollment in the program for the later of a period of 10 years after the termination of the offender's active punishment or the completion of any period of probation, only if the court determines that the offender requires the highest possible level of supervision and monitoring based on the Division's assessment. Additionally, caps the period of time a court can order enrollment of an offender who committed an offense that involved the physical, mental, or sexual abuse of a minor which is not an aggravated offense or a violation of GS 14-27.23 or GS 14-27.28, and the offender is not a reoffender, to the later of a period of 10 years after the termination of the offender's active punishment or the completion of any period of probation. Makes changes to GS 14-208.40B to align the enrollment procedures and requirements with those of GS 14-208.40A, as amended, for hearings brought on behalf of the Division when an offender is convicted of a reportable conviction and no determination has been made by a court on enrollment.

Amends GS 14-208.41, providing for the duration of enrollment in the satellite-based monitoring program for a period required by GS 14-208.40A or GS 14-208.40B, as those statutes are amended, unless the requirement to enroll in the satellite-based monitoring program is terminated or modified pursuant to GS 14-208.43, as amended (was for registration period imposed under GS 14-208.23, which is the person's life, unless the requirement is terminated). 

Deletes the proposed changes to GS 14-208.43 and instead provides the following. Allows an offender meeting the description of GS 14-208.40(a)(1) or (a)(3) who is required to submit to satellite-based monitoring for life to petition for termination or modification of the requirement with the superior court in the county where the conviction occurred five years from the date of initial enrollment in the program under Article 27A or the laws of another jurisdiction (currently only provides for requesting termination of the requirement with the Post Release Supervision and Parole Commission, and does not provide a waiting period). Makes conforming deletions of the procedure regarding the previous method of requests to the Commission. Now requires the appropriate district attorney to be given at least three weeks' notice before the hearing. Provides for the petitioner and the district attorney to present evidence at the hearing. Allows for the victim of the underlying offense to appear and be heard at the hearing, as described, and to receive notice if so elected, as specified, with a judge charged with inquiring as to whether the victim is present and wishes to be heard. Provides for the petition to be granted only if the court makes specified findings, including that the petitioner has not been arrested for any crime that would require registration under the Article since completing the sentence. Defines the court's authority in issuing an order, including requiring continued enrollment for 10 years after the later of 10 years form the termination of the defender's active punishment or the completion of any period probation, or continuing the requirement for a specified period not to exceed that specified period. Sets a two year waiting period between petitions following denial. Requires orders granting the petition to be forwarded to the Commission. Makes conforming changes to GS 14-208.42.

Effective December 1, 2021 (was October 1, 2021). 

Maintains the directive for the Division of Adult Correction and Juvenile Justice to provide elected District Attorneys a list of individuals residing in their respective district that is subject to State v. Grady (NC 2019), and requires review by the DA or Attorney General of every class member. Makes technical and clarifying changes.

Adds the following new content.

Part XXI.

Amends GS 14-233, which provides the Class 2 misdemeanor offense of resisting an officer, making the language gender neutral. Adds the following. Makes it a Class I felony to willfully and unlawfully resist, delay, or obstruct a public officer in discharging or attempting to discharge an official duty, and the resistance, delay, or obstruction is the proximate cause of a public officer's physical injury, or if the proximate cause of the public officer's serious bodily injury, a Class F felony. Defines physical injury and serious bodily injury.

Directs the Department of Public Safety (DPS) to create a targeted social media campaign and television commercials to address the concerns of not resisting arrest and raising public awareness about resisting, delaying, or obstructing law enforcement officers. Also requires DPS to post a public service announcement on its website containing legally accurate information regarding the public's responsibilities during traffic stops and other interactions with law enforcement.

Makes the above provisions effective December 1, 2021.

Directs DPS to provide the Division of Motor Vehicles (DMV) an internet link to the public service announcement for the DMV to make available on its website as well as broadcast the public service announcement on monitors at drivers office locations. 

Part XXII.

Amends GS 132-1.4A, which governs law enforcement agency recordings, enacting a new subsection (b1) to require any portion of a recording in the custody of a law enforcement agency that depicts a death or serious bodily injury to be disclosed, if requested, unredacted to a personal representative of the deceased, the injured individual, or a person representative on behalf of the injured individual, within five business days of (1) submission of the request or (2) the law enforcement agency petitioning the court to redact any portion of the recording under new subsection (b3). Adds and defines immediate family member to mean a spouse, parent, child, sibling, or court-appointed guardian. Revises the defined term personal representative to include licensed attorneys (was attorneys) as specified. Adds and defines serious bodily injury. Adds new subsection (b2), requiring the person requesting disclosure to sign a sworn affidavit of confidentiality under penalty of perjury, as specified. Provides for disclosure by the agency in a private setting and prohibits recording or copying the recording, with violations punishable as a Class 1 misdemeanor and knowing dissemination of a recording or copy disclosed pursuant to new subsection (b1) a Class I felony. Requires the portion requested to be unredacted and unedited except as permitted under new subsection (b3). New subsection (b3) allows an agency to motion for permission to redact the requested recordings; provides six factors the court must consider in reviewing the recording and determination whether the recording can be redacted for purposes of immediate disclosure. Details required notice of proceedings on the motion and participation to specified parties. Allows a court to order any conditions or restrictions on the disclosure that the court deems appropriate. Provides for scheduling and priority of such actions. Provides for appeal of a request for immediate disclosure under new subsection (b1) pursuant to subsection (e).

Part XXVIII.

Adds a severability clause. 

Makes conforming organizational changes. Changes the act's long title. 

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