Bill Summary for H 589 (2023-2024)

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Summary date: 

Apr 6 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 589 (Public) Filed Thursday, April 6, 2023
AN ACT PROTECTING FROM RETALIATION LAW ENFORCEMENT OFFICERS THAT REPORT IMPROPER OR UNLAWFUL ACTIVITY.
Intro. by Zenger, Hardister, K. Brown, Cotham.

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Bill summary

Identical to S 534, filed 4/4/23.

Amends GS 15A-401 (Arrest by law-enforcement officer) by creating new subsection (d2) (Protection from Retaliation), which protects law enforcement officers who report what they believe to be excessive use of force under subsection (d1) (Duty to Intervene and Report Excessive Use of Force) from termination or retaliation. Makes filing a knowingly false report under subsection (d1) a Class 2 misdemeanor. 

Creates new GS 17C-17, which obligates a criminal justice officer in the line of duty to attempt to intervene and prevent (1) violations of federal, state, city, or county laws, ordinances, or regulations; (2) fraud; (3) misappropriation of state, city, or county resources; (4) activity that poses a substantial danger to public health and safety; or (5) gross mismanagement including waste of public monies or the abuse of authority. Also obligates a criminal justice officer to report any conduct they reasonably believe falls into categories (1) through (5) within 72 hours, even if they did not intervene. Protects a criminal justice officer who files a report under this section from termination or retaliation. Makes filing a knowingly false report under the section a Class 2 misdemeanor. 

Creates new GS 17E-17, which extends the same obligations and protections to justice officers and contains text effectively identical to the new GS 17C-17. 

Effective and applicable to offenses and retaliatory actions taken on or after December 1, 2023.