Bill Summary for S 300 (2021)

Summary date: 

Jul 14 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

House committee substitute to the 4th edition makes the following changes.

Part II.

Makes a technical correction to proposed GS 143B-972.1.

Part IV.

Modifies proposed 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 require the 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. Expands the criteria for notifications that trigger this requirement to include notifications in writing by a superior court judge, district court judge, federal judge, district attorney, assistant district attorney, US attorney, assistant US attorney, or the person's agency head (previously did not include the person's agency head). Specifies that each Commission's annual report on the individuals for whom the respective Division has received a report required by the statute must include for each case whether a final agency decision has been entered pursuant to the Administrative Procedure Act (previously did not specify a final decision entered under the APA). 

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 in-person to determine the officer's mental and emotional suitability to properly fulfill the responsibilities of a criminal justice or justice officer, respectively. Adds that if face-to-face, in-person is not practicable, the face-to-face evaluation can be virtual as long as both the audio and video allow for a professional clinical evaluation in a clinical environment. 

Part X.

Revises proposed GS 143B-919(b1) to require the SBI, when requested by the Governor, a sheriff, chief of police, head of a State law enforcement agency, district attorney, or the Commissioner of Prisons, to investigate and prepare evidence in the event of: (1) a sworn law enforcement officer with the power to arrest using force against an individual in the performance of the officer's duties that results in the death of the individual (no longer including serious bodily injury to the individual as well) or (2) an individual in the custody of DPS, a State prison, a county jail, or a local confinement facility, regardless of the individual's physical location, dies (no longer including serious bodily injury as well). Eliminates the definition of serious bodily injury

Part XIII.

Deletes the content of previous Part XIII., which required the Administrative Office of the Courts (AOC) to automatically enroll all criminal defendants into its court date reminder system, and Part XV., which amended GS 14-288.2 to add to and increase the punishments for rioting offenses. Makes conforming organizational changes to renumber the act's remaining Parts and Sections.

Further amends GS 14-4, regarding violations of local ordinances, to make clarifying changes to new subsection (c) and conforming changes to subsection (a).

Part XIV.

Further amends GS 15A-601 to authorize a magistrate to conduct the first appearance required by the statute if the clerk is not available in an instance in which the clerk is required to conduct the first appearance in the event a district court judge is not available in the county within 72 hours after the defendant is taken into custody. Makes conforming changes. 

Part XV.

Makes organizational changes to the proposed changes to GS 17C-6 and GS 17E-4, regarding powers of the Commissions.

Part XVI.

Amends new subsection (d1) of GS 15A-401, which establishes the duty of law enforcement officers who observe another officer using excessive force to intervene, if safe to do so, to prevent the use of excessive force and to report use of excessive force, even if the officer was unable to intervene, within 72 hours. Removes the provision that specifies that the report is required even if the observing officer did not have a reasonable opportunity to intervene. 

Part XVII.

Makes a technical correction to the statutory provision repealed in Section 17, GS 93B-1(3)e.

Part XVIII.

Adds to the definition of the new defined term reoffender in GS 14-208.6, as applicable to Article 27A (Sex Offender and Public Protection Registration Programs) and defined as a person who has two or more convictions for a felony described in GS 14-208.6(4) as a reportable conviction. Specifies that if an offender is convicted of more than one offense in a single session of court, only one conviction is counted for purposes of this definition.

Revises the proposed changes to GS 14-208.40. Now provides for the sex offender monitoring program established by the Division of Adult Correction and Juvenile Justice (Division) to be designed to monitor offenders convicted of a reportable conviction who are required to register due to classification as a reoffender or another specified classification, based on the Division's risk assessment program requiring the highest possible level of supervision and monitoring. 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), based on the Division's risk assessment program requiring the highest possible level of supervision and monitoring (was, those class of convictions who are required to enroll for the later of 10 years after the termination of the offender's active punishment or completion of any period of probation). 

Amends the proposed changes to GS 14-208.40A, which requires a court finding that an offender has been classified as a sexually violent predator, is a reoffender, 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. Now provides for the Division to complete the risk assessment and report to the court within 60 days (previously provided a minimum of 30 days and up to 60 days). Now requires the court to order enrollment in the program for a period of 10 years (was, 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), if the court determines that the offender requires the highest possible level of supervision and monitoring based on the Division's assessment. Similarly, provides for the Division to complete a risk assessment and report to a court ordering the assessment upon finding that an offender committed an offense that involved the physical, mental, or sexual abuse of a minor that 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 up to 60 days (previously provided a minimum of 30 days and up to 60 days). 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 that 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, at 10 years (was, 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.

Further amends GS 14-208.41, which provides 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. Adds that any term of imprisonment based on revocation of probation or post-release supervision for the conviction which resulted in satellite-based monitoring, tolls the period of enrollment. Makes conforming changes to the statute's title.

Revises and adds to the proposed changes to GS 14-208.43, allowing 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. No longer conditions the right upon the person having not committed a subsequent offense requiring enrollment in the satellite-based monitoring program under Article 27A or the laws of another jurisdiction. Eliminates existing language that conditions the request to terminate satellite-based monitoring and accompanying unsupervised probation upon a one-year waiting period following the offender having served his or her sentence for the offense for which the monitoring was imposed and having completed any period of probation, parole, or post-release supervision imposed as part of the sentence. Changes the required findings for a petition to be granted to now include only: (1) the petitioner being enrolled in the program for at least five years and (2) the petitioner no longer requiring the highest possible level of supervision and monitoring for 10 years. Changes the court's authority in issuing an order to include only: (1) that the petitioner remain enrolled in the program for a period of time specified by the court, not to exceed a total of 10 years or (2) that the petitioner's requirement to enroll in the program be terminated.

Enacts GS 14-208.46, allowing an offender enrolled in a satellite-based monitoring program for life to file a petition for termination or modification of the monitoring requirement with the superior court in the county where the conviction occurred five years from the date of initial enrollment. Provides for notice and procedural requirements of such a petition, including the right of a victim of the underlying offense to appear and be heard at the proceeding regarding a petition, as specified. Mandates the court to order the petitioner to be enrolled in the program for a total of 10 years if the petitioner has not been enrolled for at least 10 years, or to order the petitioner's requirement to enroll be terminated if the petitioner has been enrolled for more than 10 years. 

Amends the following provisions related to satellite-based monitoring as a condition of probation or post-release supervision for certain described offenders to include that such submission to monitoring is based on the Division's risk assessment program requiring the highest possible level of supervision and monitoring for the offender: GS 15A-1343 (Condition of probation), GS 15A-1343.2 (Special probation rules for persons sentenced under Article 81B), GS 15A-1368.4 (Conditions of post-release supervision), and GS 15A-1374 (Conditions of parole). 

Makes the entirety of Part XVIII. effective December 1, 2021 (previously 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 charges District Attorneys with either deciding to handle the case or having the Attorney General handle the case was proposed to become effective August 1, 2021, and apply to any individual required to enroll in the satellite-based monitoring program based solely on being a "recidivist" on or after August 16, 2019).

Part XIX.

Changes the effective date of Section 19(b), which requires the Department of Public Safety (DPS) to (1) 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 and (2) 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 provisions effective on the date the act becomes law (was, December 1, 2021). 

Makes technical corrections to Section 19(c).

Part XX.

Eliminates the proposed changes to GS 132-1.4A, concerning law enforcement agency recordings. Makes conforming organizational changes to renumber the remaining Parts and Sections of the act.

Creates the nine-member Bipartisan NC Legislative Working Group on Criminal Law Recodification (Working Group) with the purpose of making legislative recommendations regarding a streamlined, comprehensive, orderly, and principled criminal code that includes all common law, statutory, regulatory, and ordinance crimes. Details membership, appointment, vacancies, powers, meetings, member expenses, and staffing. Requires the Working Group to solicit comments and feedback from the public and nine named entities. Requires member appointments to be made within 30 days of the act becoming law. Requires at least monthly meetings beginning September 15, 2021. Directs the Working Group to establish general principles that meet eight enumerated criteria, including incorporation of existing statutory and common law offenses into GS Chapter 14 and harmonizing addition with current GS Chapter 14 content, specifying the required mental state or that an offense is a strict liability crime, and eliminating redundant crimes, unconstitutional provisions, and outdated laws. Details deliverables the Working Group must provide related to common law crimes and crimes included in the GS, crimes created by local ordinances, and crimes created by administrative boards and bodies. 

Changes the act's long title. 

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