FILED SENATE
Mar 15, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 300
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS15131-ML-53
Short Title: Criminal Justice Reform. (Public)
Sponsors: Senators Britt, Daniel, and Lee (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO INCREASE PROTECTIONS, TRAINING, AND OVERSIGHT FOR STATE
3 AND LOCAL LAW ENFORCEMENT OFFICERS; TO REQUIRE USE OF THE
4 FEDERAL BUREAU OF INVESTIGATION'S RECORD OF ARREST AND
5 PROSECUTION BACKGROUND (RAP BACK) SYSTEM FOR LAW ENFORCEMENT
6 HIRING PURPOSES; TO EXPAND THE ADMINISTRATIVE OFFICE OF THE
7 COURT'S COURT DATE REMINDER SYSTEM; TO DECRIMINALIZE
8 NON-STATUTORY CRIMINAL OFFENSES AND VIOLATIONS; TO INCREASE THE
9 PUNISHMENT FOR RIOT OFFENSES; TO MANDATE MISDEMEANOR FIRST
10 APPEARANCES WHEN A DEFENDANT IS IN CUSTODY; AND TO MANDATE FIRST
11 APPEARANCES FOR ALL CHARGES WHEN A DEFENDANT IS IN CUSTODY TO BE
12 HELD WITHIN FORTY-EIGHT HOURS.
13 The General Assembly of North Carolina enacts:
14
15 PART I. DISCIPLINE AND DECERTIFICATION STATEWIDE DATABASE
16 SECTION 1.(a) Article 1 of Chapter 114 of the General Statutes is amended by
17 adding a new section to read:
18 "§ 114-2.7A. Database for law enforcement disciplinary actions and decertification.
19 (a) The Department of Justice, in consultation with the Criminal Justice Education and
20 Training Standards Commission and the Sheriffs' Education and Training Standards
21 Commission, shall develop and maintain a statewide database for use by law enforcement
22 agencies that tracks all disciplinary actions and decertification of law enforcement officers in
23 North Carolina.
24 (b) All law enforcement agencies in the State, including, but not limited to, the State
25 Highway Patrol, the State Bureau of Investigation, county Sheriffs' Offices, municipal police
26 departments, campus police agencies, and company police agencies, shall provide to the
27 Department of Justice information requested to maintain the database required by subsection (a)
28 of this section.
29 (c) Information collected under this section that is confidential under State or federal law
30 shall remain confidential."
31 SECTION 1.(b) Article 4 of Chapter 20 of the General Statutes is amended by
32 adding a new section to read:
33 "§ 20-196.6. Provide disciplinary and decertification information to the Department of
34 Justice.
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 General Assembly Of North Carolina Session 2021
1 The State Highway Patrol shall provide to the Department of Justice requested information
2 regarding disciplinary actions against and decertification of State Troopers to maintain the
3 statewide database developed pursuant to G.S. 114-2.7A.
4 Information collected under this section that is confidential under State or federal law shall
5 remain confidential."
6 SECTION 1.(c) Chapter 74E of the General Statutes is amended by adding a new
7 section to read:
8 "§ 74E-10.1. Provide disciplinary and decertification information to the Department of
9 Justice.
10 A company police agency shall provide to the Department of Justice requested information
11 regarding disciplinary actions against and decertification of its law enforcement officers to
12 maintain the statewide database developed pursuant to G.S. 114-2.7A.
13 Information collected under this section that is confidential under State or federal law shall
14 remain confidential."
15 SECTION 1.(d) Chapter 74G of the General Statutes is amended by adding a new
16 section to read:
17 "§ 74G-10.1. Provide disciplinary and decertification information to the Department of
18 Justice.
19 A campus police agency shall provide to the Department of Justice requested information
20 regarding disciplinary actions against and decertification of its law enforcement officers to
21 maintain the statewide database developed pursuant to G.S. 114-2.7A.
22 Information collected under this section that is confidential under State or federal law shall
23 remain confidential."
24 SECTION 1.(e) Subpart C of Part 4 of Article 13 of Chapter 143B of the General
25 Statutes is amended by adding a new section to read:
26 "§ 143B-927.1. Provide disciplinary and decertification information to the Department of
27 Justice.
28 The State Bureau of Investigation shall provide to the Department of Justice requested
29 information regarding disciplinary actions against and decertification of its law enforcement
30 officers to maintain the statewide database developed pursuant to G.S. 114-2.7A.
31 Information collected under this section that is confidential under State or federal law shall
32 remain confidential."
33 SECTION 1.(f) Article 10 of Chapter 153A of the General Statutes is amended by
34 adding a new section to read:
35 "§ 153A-213. Provide disciplinary and decertification information to the Department of
36 Justice.
37 A county shall provide to the Department of Justice requested information regarding
38 disciplinary actions against and decertification of its law enforcement officers to maintain the
39 statewide database developed pursuant to G.S. 114-2.7A.
40 Information collected under this section that is confidential under State or federal law shall
41 remain confidential."
42 SECTION 1.(g) Article 13 of Chapter 160A of the General Statutes is amended by
43 adding a new section to read:
44 "§ 160A-290. Provide disciplinary and decertification information to the Department of
45 Justice.
46 A city shall provide to the Department of Justice requested information regarding disciplinary
47 actions against and decertification of its law enforcement officers to maintain the statewide
48 database developed pursuant to G.S. 114-2.7A.
49 Information collected under this section that is confidential under State or federal law shall
50 remain confidential."
51 SECTION 1.(h) This section becomes effective October 1, 2021.
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1
2 PART II. USE OF THE FEDERAL BUREAU OF INVESTIGATION'S RECORD OF
3 ARREST AND PROSECUTION BACKGROUND (RAP BACK) SYSTEM
4 SECTION 2.(a) Article 13 of Chapter 143B of the General Statutes is amended by
5 adding a new section to read:
6 "§ 143B-972.1. Criminal record checks for North Carolina Criminal Justice Education and
7 Training Standards Commission and North Carolina Sheriffs' Education and
8 Training Standards Commission; fingerprints sent to Federal Bureau of
9 Investigation.
10 (a) The Department of Public Safety shall provide to the North Carolina Criminal Justice
11 Education and Training Standards Commission and the North Carolina Sheriffs' Education and
12 Training Standards Commission information from the State and National Repositories of
13 Criminal Histories the criminal history of any person who applies for certification as a criminal
14 justice officer or justice officer or any other position that requires certification with either
15 Commission. Pursuant to a request for information under this subsection, the Commissions shall
16 provide to the State Bureau of Investigation the fingerprints of the applicant and other identifying
17 information requested by the State Bureau of Investigation related to the requirements of relevant
18 State and federal information databases, as well as its own information databases.
19 Pursuant to a request for information under this subsection, the State Bureau of Investigation
20 shall search the State's criminal history record file and shall forward a set of fingerprints to the
21 Federal Bureau of Investigation for a national criminal history record check. The State Bureau
22 of Investigation shall enroll each individual whose fingerprints are received under this subsection
23 in the Federal Bureau of Investigation's Record of Arrest and Prosecution Background (Rap
24 Back) Service.
25 The Commissions shall keep all information obtained pursuant to this subsection
26 confidential.
27 (b) The State Bureau of Investigation shall maintain the fingerprints of the applicant
28 submitted pursuant to subsection (a) of this section in the Statewide Automated Fingerprint
29 Identification System (SAFIS) consistent with Subchapter B of Chapter 09 and Subchapter B of
30 Chapter 10 of Title 12 of the North Carolina Administrative Code.
31 (c) Within 15 business days of receiving notification by either Commission that the
32 individual whose fingerprints have been stored in SAFIS pursuant to subsection (b) of this section
33 has separated from employment and a Department of Justice Report of Separation Form F-5B
34 has been filed with either Commission, the State Bureau of Investigation shall remove the
35 individual's fingerprints from SAFIS."
36 SECTION 2.(b) This section becomes effective December 1, 2021.
37
38 PART III. CRITICAL INCIDENT STATEWIDE DATABASE
39 SECTION 3.(a) Article 1 of Chapter 114 of the General Statutes is amended by
40 adding a new section to read:
41 "§ 114-2.7B. Database for law enforcement officer critical incident information.
42 (a) The Department of Justice, in consultation with the Criminal Justice Education and
43 Training Standards Commission and the Sheriffs' Education and Training Standards
44 Commission, shall develop and maintain a statewide database for use by law enforcement
45 agencies that tracks all critical incident data of law enforcement officers in North Carolina. For
46 purposes of this section, "critical incident" shall be defined as an incident involving any use of
47 force by a law enforcement officer that results in death or serious bodily injury to a person.
48 (b) All law enforcement agencies in the State, including, but not limited to, the State
49 Highway Patrol, the State Bureau of Investigation, county Sheriffs' Offices, municipal police
50 departments, campus police agencies, and company police agencies, shall provide to the
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 General Assembly Of North Carolina Session 2021
1 Department of Justice information requested to maintain the database required by subsection (a)
2 of this section.
3 (c) Information collected under this section that is confidential under State or federal law
4 shall remain confidential."
5 SECTION 3.(b) Article 4 of Chapter 20 of the General Statutes is amended by
6 adding a new section to read:
7 "§ 20-196.7. Provide use of force information to the Department of Justice.
8 The State Highway Patrol shall provide to the Department of Justice requested information
9 regarding the use of force of State Troopers to maintain the statewide database developed
10 pursuant to G.S. 114-2.7B.
11 Information collected under this section that is confidential under State or federal law shall
12 remain confidential."
13 SECTION 3.(c) Chapter 74E of the General Statutes is amended by adding a new
14 section to read:
15 "§ 74E-10.2. Provide use of force information to the Department of Justice.
16 A company police agency shall provide to the Department of Justice requested information
17 regarding the use of force of its law enforcement officers to maintain the statewide database
18 developed pursuant to G.S. 114-2.7B.
19 Information collected under this section that is confidential under State or federal law shall
20 remain confidential."
21 SECTION 3.(d) Chapter 74G of the General Statutes is amended by adding a new
22 section to read:
23 "§ 74G-10.2. Provide use of force information to the Department of Justice.
24 A campus police agency shall provide to the Department of Justice requested information
25 regarding the use of force of its law enforcement officers to maintain the statewide database
26 developed pursuant to G.S. 114-2.7B.
27 Information collected under this section that is confidential under State or federal law shall
28 remain confidential."
29 SECTION 3.(e) Subpart C of Part 4 of Article 13 of Chapter 143B of the General
30 Statutes is amended by adding a new section to read:
31 "§ 143B-927.2. Provide use of force information to the Department of Justice.
32 The State Bureau of Investigation shall provide to the Department of Justice requested
33 information regarding the use of force of its law enforcement officers to maintain the statewide
34 database developed pursuant to G.S. 114-2.7B.
35 Information collected under this section that is confidential under State or federal law shall
36 remain confidential."
37 SECTION 3.(f) Article 10 of Chapter 153A of the General Statutes is amended by
38 adding a new section to read:
39 "§ 153A-213.1. Provide use of force information to the Department of Justice.
40 A county shall provide to the Department of Justice requested information regarding the use
41 of force of its law enforcement officers to maintain the statewide database developed pursuant to
42 G.S. 114-2.7B.
43 Information collected under this section that is confidential under State or federal law shall
44 remain confidential."
45 SECTION 3.(g) Article 13 of Chapter 160A of the General Statutes is amended by
46 adding a new section to read:
47 "§ 160A-290.1. Provide use of force information to the Department of Justice.
48 A city shall provide to the Department of Justice requested information regarding the use of
49 force of its law enforcement officers to maintain the statewide database developed pursuant to
50 G.S. 114-2.7B.
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 General Assembly Of North Carolina Session 2021
1 Information collected under this section that is confidential under State or federal law shall
2 remain confidential."
3 SECTION 3.(h) This section becomes effective October 1, 2021.
4
5 PART IV. ANNUAL REPORT OF LAW ENFORCEMENT OFFICER GIGLIO
6 VIOLATIONS
7 SECTION 4.(a) Article 1 of Chapter 114 of the General Statutes is amended by
8 adding a new section to read:
9 "§ 114-2.7C. Annual report of law enforcement officer Giglio violations.
10 (a) The Department of Justice, in consultation with the Criminal Justice Education and
11 Training Standards Commission and the Sheriffs' Education and Training Standards
12 Commission, shall report no later than March 1, 2022, and annually thereafter, to the Joint
13 Legislative Oversight Committee on Justice and Public Safety regarding law enforcement
14 officers in the State that were notified by a judge or district attorney in the year prior to the report
15 of an action of misconduct or untruthfulness on the part of the law enforcement officer that
16 requires the disclosure of the action of misconduct or untruthfulness to a criminal defendant
17 against whom the law enforcement officer will serve as a witness.
18 (b) All law enforcement officers in the State certified pursuant to Chapters 17C, 17E,
19 74E, and 74G shall report to the Department of Justice if the officer is notified by a judge or
20 district attorney that an action of misconduct or untruthfulness on the part of the officer requires
21 the disclosure of the action of misconduct or untruthfulness to a criminal defendant against whom
22 the officer will serve as a witness. The report required by this subsection shall be submitted to
23 the Department of Justice within 30 days of the relevant notification by a judge or district
24 attorney."
25 SECTION 4.(b) This section becomes effective October 1, 2021, and applies to
26 notifications received by law enforcement officers on or after that date.
27
28 PART V. REQUIRE CERTAIN MINIMUM LAW ENFORCEMENT OFFICER
29 STANDARDS
30 SECTION 5.(a) The Criminal Justice Education and Training Standards
31 Commission and the Sheriffs' Education and Training Standards Commission shall jointly
32 develop uniform, statewide minimum standards for law enforcement officers and adopt these
33 standards as rules.
34 SECTION 5.(b) Each Commission shall report the standards developed pursuant to
35 subsection (a) of this section to the Joint Legislative Oversight Committee on Justice and Public
36 Safety no later than October 1, 2021.
37 SECTION 5.(c) Each Commission may adopt temporary rules under G.S. 150B-21.1
38 to comply with this act and shall adopt permanent rules to comply with this act by October 1,
39 2022.
40
41 PART VI. TRANSPORTATION OF INVOLUNTARY COMMITMENT
42 RESPONDENTS
43 SECTION 6.(a) G.S. 122C-251(f) reads as rewritten:
44 "(f) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, a clerk,
45 a magistrate, or a district court judge, where applicable, may authorize either a he