Bill Summary – FastDemocracy

H.B. 705
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                        Apr 18, 2023
                                     SESSION 2023                                 HOUSE PRINCIPAL CLERK
     H                                                                                          D
                                HOUSE BILL DRH50038-NHfa-95A
     Short Title:   Build Safer Communities and Schools Act.                               (Public)
     Sponsors:      Representative Alston.
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT TO STRENGTHEN POLICIES AND STANDARDS SURROUNDING LAW
    ENFORCEMENT OFFICERS; TO APPROPRIATE FUNDS TO CREATE THE N.C.
    STAR PILOT PROGRAM TO PROVIDE GRANTS TO CITY AND TOWN POLICE
    DEPARTMENTS TO CREATE LOCAL SUPPORT TEAM ASSISTED RESPONSE
    (STAR) PILOT PROGRAMS; TO REINSTATE THE PISTOL PURCHASE PERMIT
    REQUIREMENT TO PURCHASE A PISTOL FOR PRIVATE SALES AND MAKE THE
    STATE BUREAU OF INVESTIGATION RESPONSIBLE FOR PERMITS; TO REQUIRE
    UNIVERSAL BACKGROUND CHECKS; TO STRENGTHEN SAFE STORAGE OF
    FIREARMS LAWS; TO PROVIDE A SALES TAX EXEMPTION FOR EQUIPMENT
    DESIGNED TO PREVENT UNAUTHORIZED PERSONS FROM ACCESSING
    FIREARMS; TO AUTHORIZE THE ISSUANCE OF AN EXTREME RISK PROTECTION
    ORDER TO RESTRICT TEMPORARILY A PERSON'S ACCESS TO FIREARMS IF
    THERE IS EVIDENCE THAT THE PERSON POSES A DANGER OF PHYSICAL HARM
    TO SELF OR OTHERS; TO ALLOW SCHOOLS TO CONTRACT FOR SCHOOL
    PSYCHOLOGIST SERVICES; AND TO CODIFY SCHOOL SAFETY GRANTS.
 The General Assembly of North Carolina enacts:
18
 PART I. STRENGTHEN POLICIES AND STANDARDS SURROUNDING LAW
 ENFORCEMENT OFFICERS; CREATE LOCAL SUPPORT TEAM ASSISTED
 RESPONSE PILOT PROGRAMS
22
 DIRECT THE DEPARTMENT OF JUSTICE TO ASSIST LAW ENFORCEMENT
 AGENCIES IN APPLYING FOR GRANT FUNDS AND FUND POSITIONS TO MEET
 THE REQUIREMENTS OF THIS SECTION
             SECTION 1.1.(a) The Department of Justice shall provide assistance to law
 enforcement agencies seeking grant funds, including, but not limited to, the following:
             (1)    Alerting law enforcement agencies to available grant funds.
             (2)    Assisting law enforcement agencies with drafting and submitting grant
                    proposals and applications.
             SECTION 1.1.(b) There is appropriated from the General Fund to the Department
 of Justice the sum of two hundred thousand dollars ($200,000) in recurring funds for each year
 of the 2023-2025 fiscal biennium to be used to hire two full-time grant writers to assist law
 enforcement agencies pursuant to the requirements of subsection (a) of this section.
             SECTION 1.1.(c) This section becomes effective July 1, 2023.
36
                               *DRH50038-NHfa-95A*
     General Assembly Of North Carolina                                                   Session 2023
 SUPPORT COMMUNITY POLICING PROGRAMS
              SECTION 1.2.(a) There is appropriated from the General Fund to the Department
 of Justice the sum of two hundred fifty thousand dollars ($250,000) in recurring funds for each
 year of the 2023-2025 fiscal biennium to be used to award grants to law enforcement agencies
 for initiatives supporting community policing.
              SECTION 1.2.(b) This section becomes effective July 1, 2023.
 7
 CREATE INCENTIVES FOR LAW ENFORCEMENT OFFICERS AND AGENCIES
            SECTION 1.3.(a) There is appropriated from the General Fund to the Department
 of Justice the sum of five hundred thousand dollars ($500,000) in recurring funds for the
 2024-2025 fiscal year to be used to provide the following types of grants:
            (1)     Grants provided to law enforcement agencies to be awarded to law
                    enforcement officers exhibiting exemplary service as established by the
                    Department of Justice.
            (2)     Grants awarded to law enforcement agencies for meeting racial or gender
                    diversity benchmarks as established by the Department of Justice.
            SECTION 1.3.(b) No grant awarded pursuant to this section shall exceed ten
 thousand dollars ($10,000).
            SECTION 1.3.(c) This section becomes effective July 1, 2024.
20
 REVISE POLICE USE OF FORCE POLICIES
            SECTION 1.4.(a) G.S. 15A-401(d) is amended by adding a new subdivision to read:
            "(3) Under all circumstances in which a law-enforcement officer uses force of any
                     kind, a law-enforcement officer shall use the minimum amount of force
                     reasonably necessary to accomplish the law-enforcement action and shall
                     attempt to utilize de-escalation tactics when possible."
            SECTION 1.4.(b) The Attorney General, in consultation with the North Carolina
 Sheriffs' Association and the North Carolina Association of Chiefs of Police, shall develop
 uniform use of force policies that may be adopted by all law enforcement agencies in the State.
 These policies shall be submitted to the Joint Legislative Oversight Committee on Justice and
 Public Safety no later than December 1, 2024, shall be published on the Department of Justice
 website, and shall be distributed in digital format by the Attorney General to all law enforcement
 agencies in the State.
            SECTION 1.4.(c) Subsection (a) of this section becomes effective October 1, 2023,
 and applies to actions taken on or after that date. The remainder of this section is effective when
 it becomes law.
37
 ESTABLISH MINIMUM STANDARDS FOR THE HIRING AND TRAINING OF LAW
 ENFORCEMENT OFFICERS
            SECTION 1.5.(a) G.S. 17C-6(a) reads as rewritten:
    "(a) In addition to powers conferred upon the Commission elsewhere in this Article, the
 Commission shall have the following powers, which shall be enforceable through its rules and
 regulations, certification procedures, or the provisions of G.S. 17C-10:
            …
            (2a) Establish the minimum age requirement that shall be met in order to qualify
                     for entry level employment as a criminal justice officer in temporary or
                     probationary status or in a permanent position, which shall not be less than 21
                     years of age.
            (2b) Establish minimum mental health screening protocols that must be met in
                     order to qualify for entry level employment and retention as a criminal justice
                     officer in temporary or probationary status or in a permanent position. The
     Page 2                                                                     DRH50038-NHfa-95A
     General Assembly Of North Carolina                                                    Session 2023
                    standards for entry level employment shall include a psychological screening
                    within one year prior to certification performed by a physician, psychologist,
                    psychiatric nurse practitioner, or other mental health professional.
              …
              (17a) Establish minimum annual mental health screening protocols for criminal
                     justice officers, including additional mental health screening protocols for
                     criminal justice officers following a traumatic event, including a
                     psychological screening performed by a physician, psychologist, psychiatric
                     nurse practitioner, or other mental health professional.
              …."
              SECTION 1.5.(b) G.S. 17C-13(b) reads as rewritten:
     "(b) Notwithstanding G.S. 15A-145.4 or G.S. 15A-145.5, the Commission may gain
 access to a person's misdemeanor and felony conviction records, including those maintained by
 the Administrative Office of the Courts in its confidential files containing the names of persons
 granted expunctions. The Commission may deny, suspend, or revoke a person's certification
 based solely on that person's felony conviction, conviction or the conviction of four or more
 misdemeanors, whether or not that conviction was the convictions were expunged."
              SECTION 1.5.(c) G.S. 17E-4(a) reads as rewritten:
     "(a) The Commission shall have the following powers, duties, and responsibilities, which
 are enforceable through its rules and regulations, certification procedures, or the provisions of
 G.S. 17E-8 and G.S. 17E-9:
              …
              (2a) Establish the minimum age requirement that shall be met in order to qualify
                     for entry level employment as an officer in temporary or probationary status
                     or in a permanent position, which shall not be less than 21 years of age.
              (2b) Establish minimum mental health screening protocols that must be met in
                     order to qualify for entry level employment and retention as an officer in
                     temporary or probationary status or in a permanent position. The standards for
                     entry level employment shall include a psychological screening within one
                     year prior to certification performed by a physician, psychologist, psychiatric
                     nurse practitioner, or other mental health professional.
              …
              (13a) Establish minimum annual mental health screening protocols for officers,
                     including additional mental health screening protocols for officers following
                     a traumatic event, including a psychological screening performed by a
                     physician, psychologist, psychiatric nurse practitioner, or other mental health
                     professional.
              …
 The Commission may certify, and no additional certification shall be required from it, programs,
 courses and teachers certified by the North Carolina Criminal Justice Education and Training
 Standards Commission. Where the Commission determines that a program, course, instructor or
 teacher is required for an area which is unique to the office of sheriff, the Commission may certify
 such program, course, instructor, or teacher under such standards and procedures as it may
 establish."
              SECTION 1.5.(d) G.S. 17E-12(b) reads as rewritten:
     "(b) Notwithstanding G.S. 15A-145.4 or G.S. 15A-145.5, the Commission may gain
 access to a person's misdemeanor and felony conviction records, including those maintained by
 the Administrative Office of the Courts in its confidential files containing the names of persons
 granted expunctions. The Commission may deny, suspend, or revoke a person's certification
 based solely on that person's felony conviction, conviction or the conviction of four or more
 misdemeanors, whether or not that conviction was the convictions were expunged."
     DRH50038-NHfa-95A                                                                           Page 3
     General Assembly Of North Carolina                                                    Session 2023
              SECTION 1.5.(e) There is appropriated from the General Fund to the Department
 of Justice the sum of one million dollars ($1,000,000) in recurring funds for each year of the
 2023-2025 fiscal biennium to be used to provide grants to law enforcement agencies to pay for
 the mental health screenings required by subsections (a) and (c) of this section.
              SECTION 1.5.(f) Subsections (a) and (c) of this section become effective January
 1, 2024, and apply to officers hired or employed on or after that date. Subsections (b) and (d) of
 this section become effective January 1, 2024, and apply to (i) officers hired on or after that date
 and (ii) officers employed on or after that date that are convicted of a felony or misdemeanor on
 or after that date. Subsection (e) of this section becomes effective July 1, 2023. The remainder
 of this section is effective when it becomes law.
11
 FUND ADDITIONAL DETECTIVES OR INVESTIGATIVE OFFICERS TO
 INVESTIGATE SEVERE CRIMES
             SECTION 1.6.(a) There is appropriated from the General Fund to the Department
 of Justice the sum of one million dollars ($1,000,000) in recurring funds for each year of the
 2023-2025 fiscal biennium to be used to provide grants to law enforcement agencies to
 temporarily provide partial or total funding for detective or other investigative law enforcement
 positions in order to aid in the investigation of severe crimes that would constitute a charge of a
 Class D felony or higher.
             SECTION 1.6.(b) This section becomes effective July 1, 2023.
21
 FUNDS FOR NORTH CAROLINA JUSTICE ACADEMY
             SECTION 1.7.(a) There is appropriated from the General Fund to the North Carolina
 Justice Academy the sum of two hundred fifty thousand dollars ($250,000) in recurring funds for
 each year of the 2023-2025 fiscal biennium to be used to expand its ability to serve law
 enforcement agencies of the State by providing more opportunities to attend courses and
 trainings.
             SECTION 1.7.(b) There is appropriated from the General Fund to the North Carolina
 Justice Academy the sum of two hundred fifty thousand dollars ($250,000) in nonrecurring funds
 for each year of the 2023-2025 fiscal biennium to be used to expand the Academy's ability to
 offer online courses for law enforcement agencies to allow for greater statewide participation in
 Academy courses and training.
             SECTION 1.7.(c) This section becomes effective July 1, 2023.
34
 CREATE A PARTNERSHIP BETWEEN THE NORTH CAROLINA JUSTICE
 ACADEMY AND NORTH CAROLINA COMMUNITY COLLEGES
             SECTION 1.8.(a) The North Carolina Justice Academy and the North Carolina
 Community College System shall develop a memorandum of understanding to allow community
 colleges throughout the State to provide training and education to those individuals trained and
 educated by the North Carolina Justice Academy in order to alleviate travel time and related costs
 incurred by law enforcement agencies due to the limited availability of North Carolina Justice
 Academy training locations.
             SECTION 1.8.(b) The memorandum of understanding required by subsection (a) of
 this section shall be submitted to the Joint Legislative Oversight Committee on Justice and Public
 Safety no later than October 1, 2023.
             SECTION 1.8.(c) This section is effective when it becomes law.
47
 FUNDS FOR THE NORTH CAROLINA LAW ENFORCEMENT ACCREDITATION
 PROGRAM
             SECTION 1.9.(a) There is appropriated from the General Fund to the Department
 of Justice the sum of two hundred fifty thousand dollars ($250,000) in recurring funds for each
     Page 4                                                                     DRH50038-NHfa-95A
     General Assembly Of North Carolina                                                  Session 2023
 year of the 2023-2025 fiscal biennium to be used to further develop, maintain, and staff the North
 Carolina Law Enforcement Accreditation Program.
             SECTION 1.9.(b) This section becomes effective July 1, 2023.
 4
 EXPAND CRIMINAL JUSTICE FELLOWS PROGRAM
             SECTION 1.10.(a) Article 2 of Chapter 17C of the General Statutes reads as
 rewritten:
                                               "Article 2.
                         "North Carolina Criminal Justice Fellows Program.
 "§ 17C-20. Definitions.
      As used in this Article, the following definitions apply:
             …
             (5)     Eligible county. – A Any county with a population of less than 200,000
                     according to the latest federal decennial census.of this State.
             …
 "§ 17C-22. North Carolina Criminal Justice Fellows Program established; administration.
      (a)    Program. – There is established the North Carolina Criminal Justice Fellows Program
 to be administered by the Committee with the assistance of the Division. The purpose of the
 Program is to increase the number of criminal justice professionals by providing forgivable loans
 to exceptional individuals to obtain any of the following:
             (1)     An Applied Associate Degrees Degree in Criminal Justice or other
                     Committee-approved related fields of study as preparation to enter a criminal
                     justice profession.
             (2)     A bachelor's degree.
             (3)     A North Carolina Basic Law Enforcement Training Program certificate of
                     completion.
      …
      (c)    Awards of Forgivable Loans. – The Program shall provide forgivable loans of up to
 three thousand one hundred fifty-two dollars ($3,152.00) per year for up to two four years to
 selected individuals. The funds from the forgivable loans may be used for tuition, fees, and the
 cost of books. The Committee may determine the maximum amount of loan proceeds that may
 be applied to community college fees fees, college or university fees, Basic Law Enforcement
 Training Program fees, and course textbooks. The number of forgivable loans awarded annually
 shall not exceed 100 and the total number of recipients in the Program each year shall not exceed
 200. The Committee shall select recipients no later than June 1 of each year.
      …
      (g)    Administration of Forgivable Loan Awards. – Upon the naming of recipients by the
 Committee, the Division shall perform all administrative functions necessary to implem