Bill Summary – FastDemocracy

H.B. 589
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               Apr 6, 2023
                                      SESSION 2023                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                    HOUSE BILL DRH30250-ND-32A
     Short Title:   Protect Whistleblower LEOs from Retaliation.                                  (Public)
     Sponsors:      Representative Zenger.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT PROTECTING FROM RETALIATION LAW ENFORCEMENT OFFICERS THAT
      REPORT THE USE OF EXCESSIVE FORCE OR OTHER IMPROPER OR UNLAWFUL
      ACTIVITY.
 The General Assembly of North Carolina enacts:
              SECTION 1. G.S. 15A-401 reads as rewritten:
 "§ 15A-401. Arrest by law-enforcement officer.
      …
      (d1) Duty to Intervene and Report Excessive Use of Force. – A law enforcement officer,
 while in the line of duty, who observes another law enforcement officer use force against another
 person that the observing officer reasonably believes exceeds the amount of force authorized by
 subsection (d) of this section and who possesses a reasonable opportunity to intervene, shall, if
 it is safe to do so, attempt to intervene to prevent the use of excessive force. Additionally, the
 observing officer shall, within a reasonable period of time not to exceed 72 hours thereafter,
 report what the officer reasonably believes to be an unauthorized use of force to a superior law
 enforcement officer within the agency of the observing officer, even if the observing officer did
 not have a reasonable opportunity to intervene. If the head of the law enforcement agency of the
 observing officer was involved or present during what the observing officer reasonably believes
 to be unauthorized use of force, the observing officer shall make the report to the highest ranking
 law enforcement officer of that officer's agency who was not involved in or present during the
 use of force.
      Making a knowingly false report under this subsection shall be a Class 2 misdemeanor.
      (d2) Protection from Retaliation. – The observing officer reporting an alleged
 unauthorized use of force pursuant to subsection (d1) of this section shall not be terminated,
 disciplined, or otherwise retaliated against for making that report, provided that nothing in this
 subsection shall prohibit councils, supervisors, department heads, or other appropriate authorities
 from taking disciplinary action against the observing officer for conduct that occurred prior to
 making the report.
      …."
              SECTION 2.(a) Article 1 of Chapter 17C of the General Statutes is amended by
 adding a new section to read:
 "§ 17C-17. Duty to intervene and report certain conduct; protection from retaliation.
      (a)     A criminal justice officer, while in the line of duty, that observes any of the following
 conduct and possesses a reasonable opportunity to intervene shall, if it is safe to do so, attempt
 to intervene to prevent the continuation of the conduct:
              (1)     Violations of federal, State, city, or county laws, ordinances, or regulations.
                                   *DRH30250-ND-32A*
     General Assembly Of North Carolina                                                      Session 2023
             (2)     Fraud.
             (3)     Misappropriation of State, city, or county resources.
             (4)     Activity that poses a substantial danger to public health and safety.
             (5)     Gross mismanagement, including the gross waste of public monies or the
                     gross abuse of authority.
     (b)     A criminal justice officer that observes conduct the criminal justice officer reasonably
 believes to be conduct specified in subdivisions (1) through (5) of subsection (a) of this section
 shall, within a reasonable period of time not to exceed 72 hours after the conduct occurred, report
 the conduct to an immediate supervisor, department head, or appropriate authority, even if the
 criminal justice officer did not have a reasonable opportunity to intervene. If the immediate
 supervisor, department head, or appropriate authority was involved in or present during the
 observed conduct, the criminal justice officer shall make the report to the highest ranking
 supervisor, department head, or appropriate authority of the criminal justice officer's agency that
 was not involved in or present during the conduct.
     (c)     A criminal justice officer that makes a report pursuant to subsection (b) of this section
 shall not be terminated, disciplined, or otherwise retaliated against for making that report.
     (d)     Nothing in this section shall prohibit agencies, supervisors, department heads, or
 appropriate authorities from taking disciplinary action against a criminal justice officer for any
 violation, fraud, misappropriation, gross mismanagement, or other activity specified in
 subdivisions (1) through (5) of subsection (a) of this section that occurred prior to the criminal
 justice officer making a report under subsection (b) of this section.
     (e)     Making a knowingly false report under this section shall be a Class 2 misdemeanor."
             SECTION 2.(b) Article 2 of Chapter 17E of the General Statutes is amended by
 adding a new section to read:
 "§ 17E-17. Duty to intervene and report certain conduct; protection from retaliation.
     (a)     A justice officer, while in the line of duty, that observes any of the following conduct
 and possesses a reasonable opportunity to intervene shall, if it is safe to do so, attempt to intervene
 to prevent the continuation of the conduct:
             (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.
             (5)     Gross mismanagement, including the gross waste of public monies or the
                     gross abuse of authority.
     (b)     A justice officer that observes conduct the justice officer reasonably believes to be
 conduct specified in subdivisions (1) through (5) of subsection (a) of this section shall, within a
 reasonable period of time not to exceed 72 hours after the conduct occurred, report the conduct
 to an immediate supervisor, department head, or appropriate authority, even if the justice officer
 did not have a reasonable opportunity to intervene. If the immediate supervisor, department head,
 or appropriate authority was involved in or present during the observed conduct, the justice
 officer shall make the report to the highest ranking supervisor, department head, or appropriate
 authority of the justice officer's agency that was not involved in or present during the conduct.
     (c)     A justice officer that makes a report pursuant to subsection (b) of this section shall
 not be terminated, disciplined, or otherwise retaliated against for making that report.
     (d)     Nothing in this section shall prohibit agencies, supervisors, department heads, or
 appropriate authorities from taking disciplinary action against a justice officer for any violation,
 fraud, misappropriation, gross mismanagement, or other activity specified in subdivisions (1)
 through (5) of subsection (a) of this section that occurred prior to the justice officer making a
 report under subsection (b) of this section.
     (e)     Making a knowingly false report under this section shall be a Class 2 misdemeanor."
     Page 2                                                                          DRH30250-ND-32A
    General Assembly Of North Carolina                                          Session 2023
           SECTION 3. This act becomes effective December 1, 2023, and applies to offenses
 committed and retaliatory actions taken on or after that date.
    DRH30250-ND-32A                                                                   Page 3
Statutes affected: 
Filed: 15A-401
Edition 1: 15A-401