Bill Summary – FastDemocracy

H.B. 607
                           GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               Apr 20, 2021
                                       SESSION 2021                                       HOUSE PRINCIPAL CLERK
     H                                                                                                   D
                                     HOUSE BILL DRH40339-ND-74
     Short Title:    LEO Background Checks/FBI Rap Back Services.                                  (Public)
     Sponsors:       Representative McNeill.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO REQUIRE THE STATE BUREAU OF INVESTIGATION TO PROVIDE
     CRIMINAL BACKGROUND CHECKS FOR THE CRIMINAL JUSTICE EDUCATION
     AND TRAINING STANDARDS COMMISSION AND THE SHERIFFS' EDUCATION
     AND TRAINING STANDARDS COMMISSION AND TO IMPLEMENT THE USE OF
     THE FEDERAL BUREAU OF INVESTIGATION'S RECORD OF ARREST AND
     PROSECUTION BACKGROUND (RAP BACK) SERVICE FOR LAW ENFORCEMENT
     HIRING PURPOSES.
 The General Assembly of North Carolina enacts:
             SECTION 1. Article 13 of Chapter 143B of the General Statutes is amended by
 adding a new section to read:
 "§ 143B-972.1. Criminal record checks for North Carolina Criminal Justice Education and
             Training Standards Commission and North Carolina Sheriffs' Education and
             Training Standards Commission; fingerprints sent to Federal Bureau of
             Investigation.
     (a)     The Department of Public Safety shall provide to the North Carolina Criminal Justice
 Education and Training Standards Commission and the North Carolina Sheriffs' Education and
 Training Standards Commission information from the State and National Repositories of
 Criminal Histories the criminal history of any person who applies for certification or is certified
 as a criminal justice officer or justice officer or any other position that requires certification with
 either Commission. The Commissions shall provide to the State Bureau of Investigation the
 fingerprints of the applicants and certified officers and any other identifying information
 requested by the State Bureau of Investigation related to the requirements of relevant State and
 federal information databases, as well as its own information databases.
     No later than June 30, 2022, all personnel previously certified by either Commission shall
 electronically submit their fingerprints to the State Bureau of Investigation or, if so directed, to
 their certifying Commission, who shall forward the fingerprints to the State Bureau of
 Investigation, who shall search the State's criminal history record file and shall forward a set of
 fingerprints to the Federal Bureau of Investigation for a national criminal history record check.
 The State Bureau of Investigation shall enroll each individual whose fingerprints are received
 under this subsection in the Federal Bureau of Investigation's Record of Arrest and Prosecution
 Background (Rap Back) Service.
     The Commissions shall keep all information obtained pursuant to this subsection
 confidential.
     (b)     The State Bureau of Investigation shall maintain the fingerprints of the applicants and
 certified officers submitted pursuant to subsection (a) of this section in the Statewide Automated
                                     *DRH40339-ND-74*
    General Assembly Of North Carolina                                                  Session 2021
 Fingerprint Identification System (SAFIS) consistent with SubChapter B of Chapter 09 and
 SubChapter B of Chapter 10 of Title 12 of the North Carolina Administrative Code.
     (c)     Within 15 business days of receiving notification by either Commission that the
 individual whose fingerprints have been stored in SAFIS pursuant to subsection (b) of this section
 has separated from employment and a Department of Justice Report of Separation Form F-5B
 has been filed with either Commission, the State Bureau of Investigation shall remove the
 individual's fingerprints from SAFIS."
             SECTION 2. This act becomes effective December 1, 2021.
    Page 2                                                                        DRH40339-ND-74
Statutes affected: 
Edition 4: 15A-145.5
Edition 5: 15A-145.5
Ratified: 15A-145.5, 50B-2, 50C-6, 7A-171.2, 7A-146, 7A-171, 7A-171.1, 7A-173, 7A-293, 7A-211, 7A-211.1, 7A-343, 7A-375, 7A-109, 7A-346.2, 9-6, 9-6.1, 9-7.1, 15A-604, 15A-606, 7A-49.5, 15-189, 15-192, 15A-101.1, 15A-131, 15A-301, 15A-301.1, 15A-302, 15A-531, 15A-537, 15A-744, 15A-832.1, 15A-1382, 15A-1382.1, 20-179.3, 7A-413, 7A-177, 7A-300, 15A-1475
SL 2022-47: 15A-145.5, 50B-2, 50C-6, 7A-171.2, 7A-146, 7A-171, 7A-171.1, 7A-173, 7A-293, 7A-211, 7A-211.1, 7A-343, 7A-375, 7A-109, 7A-346.2, 9-6, 9-6.1, 9-7.1, 15A-604, 15A-606, 7A-49.5, 15-189, 15-192, 15A-101.1, 15A-131, 15A-301, 15A-301.1, 15A-302, 15A-531, 15A-537, 15A-744, 15A-832.1, 15A-1382, 15A-1382.1, 20-179.3, 7A-413, 7A-177, 7A-300, 15A-1475