H.B. 952
GENERAL ASSEMBLY OF NORTH CAROLINA
May 1, 2024
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40529-NDa-174A
Short Title: Supporting Law Enforcement. (Public)
Sponsors: Representative Prather.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO STRENGTHEN POLICIES AND STANDARDS SURROUNDING LAW
3 ENFORCEMENT OFFICERS.
4 The General Assembly of North Carolina enacts:
5
6 PART I. DIRECT THE DEPARTMENT OF JUSTICE TO ASSIST LAW
7 ENFORCEMENT AGENCIES IN APPLYING FOR GRANT FUNDS AND FUND
8 POSITIONS TO MEET THE REQUIREMENTS OF THIS PART
9 SECTION 1.1. The Department of Justice shall provide assistance to law
10 enforcement agencies seeking grant funds, including, but not limited to, the following:
11 (1) Alerting law enforcement agencies to available grant funds.
12 (2) Assisting law enforcement agencies with drafting and submitting grant
13 proposals and applications.
14 SECTION 1.2. There is appropriated from the General Fund to the Department of
15 Justice two hundred thousand dollars ($200,000) in recurring funds for the 2024-2025 fiscal year
16 to be used to hire two full-time grant writers to assist law enforcement agencies pursuant to the
17 requirements of Section 1.1 of this Part. Funds appropriated by this section may also be used to
18 hire mental health officers.
19 SECTION 1.3. This Part becomes effective July 1, 2024.
20
21 PART II. SUPPORT COMMUNITY POLICING PROGRAMS
22 SECTION 2.1. There is appropriated from the General Fund to the Department of
23 Justice the sum of three hundred thousand dollars ($300,000) in recurring funds for the
24 2024-2025 fiscal year to be used to award grants to law enforcement agencies for initiatives
25 supporting community policing, including funding for mental health officers.
26 SECTION 2.2. This Part becomes effective July 1, 2024.
27
28 PART III. CREATE INCENTIVES FOR LAW ENFORCEMENT OFFICERS AND
29 AGENCIES
30 SECTION 3.1. There is appropriated from the General Fund to the Department of
31 Justice the sum of seven hundred fifty thousand dollars ($750,000) in recurring funds for the
32 2024-2025 fiscal year to be used to provide the following types of grants:
33 (1) Grants provided to law enforcement agencies to be awarded to law
34 enforcement officers, including mental health officers, exhibiting exemplary
35 service as established by the Department of Justice.
*DRH40529-NDa-174A*
 General Assembly Of North Carolina Session 2023
1 (2) Grants awarded to law enforcement agencies for meeting racial or gender
2 diversity benchmarks, including the hiring of mental health officers, as
3 established by the Department of Justice.
4 SECTION 3.2. No grant awarded pursuant to this Part shall exceed fifteen thousand
5 dollars ($15,000).
6 SECTION 3.3. This Part becomes effective July 1, 2024.
7
8 PART IV. REVISE POLICE USE OF FORCE POLICIES
9 SECTION 4.1. G.S. 15A-401(d) reads as rewritten:
10 "(d) Use of Force in Arrest. –
11 …
12 (2) A law-enforcement officer is justified in using deadly physical force upon
13 another person for a purpose specified in subdivision (1) of this subsection
14 only when it is or appears to be reasonably necessary thereby:
15 …
16 Strangleholds, lateral vascular neck restraints, carotid restraints, or any other
17 tactics that restrict oxygen or blood flow to the head or neck shall be
18 considered the use of deadly force under this subdivision.
19 Nothing in this subdivision constitutes justification for willful, malicious or
20 criminally negligent conduct by any person which injures or endangers any
21 person or property, nor shall it be construed to excuse or justify the use of
22 unreasonable or excessive force.
23 (3) Under all circumstances in which a law-enforcement officer uses force of any
24 kind, a law-enforcement officer shall use the minimum amount of force
25 reasonably necessary to accomplish the law-enforcement action and shall
26 attempt to utilize de-escalation tactics when possible."
27 SECTION 4.2. The Attorney General, in consultation with the North Carolina
28 Sheriffs' Association and the North Carolina Association of Chiefs of Police, shall develop
29 uniform use of force policies that may be adopted by all law enforcement agencies in the State.
30 These policies shall be submitted to the Joint Legislative Oversight Committee on Justice and
31 Public Safety no later than December 1, 2024, shall be published on the Department of Justice
32 website, and shall be distributed in digital format by the Attorney General to all law enforcement
33 agencies in the State.
34 SECTION 4.3. Section 4.1 of this Part becomes effective October 1, 2024, and
35 applies to actions taken on or after that date. The remainder of this Part is effective when it
36 becomes law.
37
38 PART V. ESTABLISH MINIMUM STANDARDS FOR THE HIRING AND TRAINING
39 OF LAW ENFORCEMENT OFFICERS
40 SECTION 5.1. G.S. 17C-6(a) reads as rewritten:
41 "(a) In addition to powers conferred upon the Commission elsewhere in this Article, the
42 Commission shall have the following powers, which shall be enforceable through its rules and
43 regulations, certification procedures, or the provisions of G.S. 17C-10:
44 …
45 (2a) Establish the minimum age requirement that shall be met in order to qualify
46 for entry level employment as a criminal justice officer in temporary or
47 probationary status or in a permanent position, which shall not be less than 21
48 years of age.
49 (2b) Establish minimum mental health screening protocols that must be met in
50 order to qualify for entry level employment and retention as a criminal justice
51 officer in temporary or probationary status or in a permanent position. The
Page 2 DRH40529-NDa-174A
 General Assembly Of North Carolina Session 2023
1 standards for entry level employment shall include a psychological screening
2 within one year prior to certification performed by a physician, psychologist,
3 or other mental health professional.
4 …
5 (17a) Establish minimum annual mental health screening protocols for criminal
6 justice officers, including additional mental health screening protocols for
7 criminal justice officers following a traumatic event, including a
8 psychological screening performed by a physician, psychologist, or other
9 mental health professional.
10 …."
11 SECTION 5.2. G.S. 17C-13(b) reads as rewritten:
12 "(b) Notwithstanding G.S. 15A-145.4 or G.S. 15A-145.5, the Commission may gain
13 access to a person's misdemeanor and felony conviction records, including those maintained by
14 the Administrative Office of the Courts in its confidential files containing the names of persons
15 granted expunctions. The Commission may deny, suspend, or revoke a person's certification
16 based solely on that person's felony conviction, conviction or the conviction of four or more
17 misdemeanors, whether or not that conviction was the convictions were expunged, unless the
18 conviction was convictions were expunged pursuant to G.S. 15A-145.4 or G.S. 15A-145.8A."
19 SECTION 5.3. G.S. 17E-4(a) reads as rewritten:
20 "(a) The Commission shall have the following powers, duties, and responsibilities, which
21 are enforceable through its rules and regulations, certification procedures, or the provisions of
22 G.S. 17E-8 and G.S. 17E-9:
23 …
24 (2a) Establish the minimum age requirement that shall be met in order to qualify
25 for entry level employment as an officer in temporary or probationary status
26 or in a permanent position, which shall not be less than 21 years of age.
27 (2b) Establish minimum mental health screening protocols that must be met in
28 order to qualify for entry level employment and retention as an officer in
29 temporary or probationary status or in a permanent position. The standards for
30 entry level employment shall include a psychological screening within one
31 year prior to certification performed by a physician, psychologist, or other
32 mental health professional.
33 …
34 (13a) Establish minimum annual mental health screening protocols for officers,
35 including additional mental health screening protocols for officers following
36 a traumatic event, including a psychological screening performed by a
37 physician, psychologist, or other mental health professional.
38 …
39 The Commission may certify, and no additional certification shall be required from it, programs,
40 courses and teachers certified by the North Carolina Criminal Justice Education and Training
41 Standards Commission. Where the Commission determines that a program, course, instructor or
42 teacher is required for an area which is unique to the office of sheriff, the Commission may certify
43 such program, course, instructor, or teacher under such standards and procedures as it may
44 establish."
45 SECTION 5.4. G.S. 17E-12(b) reads as rewritten:
46 "(b) Notwithstanding G.S. 15A-145.4 or G.S. 15A-145.5, the Commission may gain
47 access to a person's misdemeanor and felony conviction records, including those maintained by
48 the Administrative Office of the Courts in its confidential files containing the names of persons
49 granted expunctions. The Commission may deny, suspend, or revoke a person's certification
50 based solely on that person's felony conviction, conviction or the conviction of four or more
DRH40529-NDa-174A Page 3
 General Assembly Of North Carolina Session 2023
1 misdemeanors, whether or not that conviction was the convictions were expunged, unless the
2 conviction was convictions were expunged pursuant to G.S. 15A-145.4 or G.S. 15A-145.8A."
3 SECTION 5.5. There is appropriated from the General Fund to the Department of
4 Justice the sum of one million dollars ($1,000,000) in recurring funds for the 2024-2025 fiscal
5 year to be used to provide grants to law enforcement agencies to pay for the mental health
6 screenings required by Sections 5.1 and 5.3 of this Part and for mental health officers.
7 SECTION 5.6. Sections 5.1 and 5.3 of this Part become effective January 1, 2025,
8 and apply to officers hired or employed on or after that date. Sections 5.2 and 5.4 of this Part
9 become effective January 1, 2025, and apply to (i) officers hired on or after that date and (ii)
10 officers employed on or after that date that are convicted of a felony or misdemeanor on or after
11 that date. Section 5.5 of this Part becomes effective July 1, 2024. The remainder of this Part is
12 effective when it becomes law.
13
14 PART VI. FUND ADDITIONAL DETECTIVES OR INVESTIGATIVE OFFICERS TO
15 INVESTIGATE SEVERE CRIMES
16 SECTION 6.1. There is appropriated from the General Fund to the Department of
17 Justice the sum of two million dollars ($2,000,000) in recurring funds for the 2024-2025 fiscal
18 year to be used to provide grants to law enforcement agencies to temporarily provide partial or
19 total funding for detective or other investigative law enforcement positions, including mental
20 health officer positions, in order to aid in the investigation of person crimes that would constitute
21 a charge of a Class D felony or higher.
22 SECTION 6.2. This Part becomes effective July 1, 2024.
23
24 PART VII. SEVERABILITY CLAUSE AND EFFECTIVE DATE
25 SECTION 7.1. If any Part, section, or provision of this act is declared
26 unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or
27 any portion other than the portion declared to be unconstitutional or invalid.
28 SECTION 7.2. Except as otherwise provided, this act is effective when it becomes
29 law.
Page 4 DRH40529-NDa-174A


Statutes affected:
Filed: 15A-401, 17C-6, 17C-13, 17E-4, 17E-12
Edition 1: 15A-401, 17C-6, 17C-13, 17E-4, 17E-12