Bill Summary for S 300 (2021)

Summary date: 

Aug 18 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 5th edition makes the following changes.

Part XX.

Revises the parties and entities from which the Bipartisan North Carolina Legislative Working Group on Criminal Law Recodification, created by the act, must seek comments and feedback from, to replace the Chief Justice of the Supreme Court with the Administrative Office of the Courts (AOC).

Adds new Part XX-A as follows.

Amends GS 132-1.4A, concerning 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 by submission of the required notarized form described in new subsection (b2), to a personal representative of the deceased, the injured individual, or a person representative on behalf of the injured individual, upon order of the court pursuant to new subsection (b3). Requires ordered disclosure to be done by the agency in a private setting and prohibits the person receiving disclosure from recording or copying the recording. Requires that the portions relevant to the death or serious bodily injury not be edited or redacted. Revises the defined term personal representative to include NC licensed attorneys (was, attorneys) as specified. Adds and defines serious bodily injury. Adds new subsection (b2), requiring the person requesting disclosure to submit a signed and notarized form, provided by the law enforcement agency and developed by AOC, with notice of specified prohibitions and criminal penalties. Adds new subsection (b3), requiring the law enforcement agency to petition the superior court, at no cost, where any portion of the recording was made for issuance of an order regarding the disclosure requested, within three business days of receipt of the notarized form. Requires delivery of the copy of the petition and recording to the resident superior court judge or their designee and provides for continued confidentiality unless the court issues disclosure. Requires the court to conduct an in-camera review of the recording and enter an order within seven business days of filing instructing the recording to be either immediately disclosed with or without editing or redaction, disclosed at a later date with or without editing or redaction, or not disclosed to the person(s) seeking disclosure. Identifies six factors the court must consider in determining whether the recording may be disclosed, including (1) if the recording contains confidential or exempt information and (2) if disclosure may harm the reputation or jeopardize the safety of a person. Lists persons required to be notified, or their designated representatives, and who must be given an opportunity to be heard at any proceeding. Allows the court to order any conditions or restrictions on the disclosure that the court deems appropriate. Requires petitions to be scheduled for hearing as soon as practicable, with the court required to issue an order within seven business days after filing. Requires subsequent proceedings to be accorded priority by trial and appellate courts. Requires the court to schedule a subsequent hearing to be held within 20 days after issuance of an order to reconsider disclosure if disclosure is denied based on a determination that confidentiality is necessary to protect either an active or inactive internal or criminal investigation or potential internal or criminal investigation. Limits the disclosure of recordings depicting a death or serious bodily injury to the procedures and requirements set forth in new subsections (b1) through (b3).

Adds a new directive requiring AOC to develop and make available to law enforcement agencies the signed and notarized request form required and a petition for use by law enforcement agencies pursuant to new GS 132-4.1A(b1) through (b3).

Makes the above new provisions effective December 1, 2021, applicable to all requests made on or after that date for disclosure of a recording. 

Changes the act's long title. 

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