Bill Text: NC H99 | 2017-2018 | Regular Session | Introduced
Bill Title: The Antidiscrimination Act of 2017
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2017-02-15 - Ref to the Com on Judiciary III, if favorable, State and Local Government II, if favorable, Rules, Calendar, and Operations of the House [H99 Detail]
Download: North_Carolina-2017-H99-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H D
HOUSE BILL DRH10046-MS-41 (02/01)
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Short Title: The Antidiscrimination Act of 2017. |
(Public) |
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Sponsors: |
Representatives R. Moore, Alexander, and Brockman (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to (1) prohibit the use of discriminatory profiling by law enforcement officers in the performance of their duties; (2) amend the types of information required to be reported by certain law enforcement agencies concerning traffic law enforcement; (3) require certain law enforcement agencies to report certain information concerning homicides; and (4) require law enforcement officers to receive annual education and training concerning discriminatory profiling.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 15A of the General Statutes is amended by adding a new Article to read:
"Article 18.
"Discriminatory Profiling.
"§ 15A‑306. Prohibition on discriminatory profiling.
(a) Definitions. – The following definitions apply in this section:
(1) Discriminatory profiling. – The practice of subjecting a person to investigation, detention, or arrest based on the person's real or perceived race, ethnicity, national origin, disability, religion, sexual orientation, or gender identity, rather than on the person's behavior or on information identifying the person as having engaged in criminal activity.
(2) Law enforcement officer. – Any employee of the following agencies who is actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State and who possesses the power of arrest by virtue of an oath administered under the authority of the State:
a. Any duly accredited State or local government agency possessing authority to enforce the criminal laws of the State.
b. Any company police agency certified by the Attorney General pursuant to Chapter 74E of the General Statutes.
c. Any campus police agency certified by the Attorney General pursuant to Chapter 74G of the General Statutes.
d. Any special police agency created by the State.
(b) Prohibition. – No law enforcement officer shall engage in discriminatory profiling in the performance of the officer's duties."
SECTION 2. G.S. 143B‑903(a) reads as rewritten:
"(a) In addition to its other duties, the Department of Public Safety shall collect, correlate, and maintain the following information regarding traffic law enforcement by law enforcement officers:
...
(3) The alleged traffic violation that led to the stop.
(3a) Whether the officers making the stop attempted to determine the immigration status of the driver, passenger, or passengers.
(4) Whether a search was instituted as a result of the stop.
...."
SECTION 3. Article 13 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B‑904.1. Collection of homicide statistics.
(a) Definition. – The term "law enforcement agency" means any duly accredited State or local government agency possessing authority to enforce the criminal laws of the State.
(b) Additional Duties. – In addition to its other duties, the Department of Public Safety shall collect, correlate, and maintain the following information regarding homicides committed in the State:
(1) The number of homicides committed.
(2) The geographic location where the homicide was committed.
(3) Identifying characteristics of offenders and victims, including the race or ethnicity, approximate age, gender identity, and sex.
(4) The number of homicide cases solved and the number of homicide cases that remain unsolved.
(5) For homicide cases that were solved, the time required to solve the case, including the date the investigation began and the date the case was considered solved by the law enforcement agency.
(c) Reporting Requirement. – Law enforcement agencies shall submit the information required under subsection (b) of this section to the Department within 60 days of the close of each month. Any law enforcement agency that does not submit the information as required by this subsection shall be ineligible to receive any law enforcement grants available by or through the State until the information that is reasonably available is submitted.
(d) List. – The Department shall publish and distribute by December 1 of each year a list indicating the law enforcement agencies that will be subject to the provisions of this section during the calendar year commencing on the following January 1.
(e) Availability to Public. – The Department shall make any report or summary analyzing the information required in subsection (b) of this section available to the public, including posting the report or summary on the Web site maintained by the Department."
SECTION 4. G.S. 143B‑904(a) reads as rewritten:
"(a) In addition to its
other duties, the Department of Public Safety shall collect, maintain, and
annually publish the number offollowing information regarding
deaths, by law enforcement agency, resulting from the use of deadly force by
law enforcement officers in the course and scope of their official duties.duties:
(1) The number of deaths, including any homicides that were justified or excused.
(2) The geographic location where the death occurred.
(3) Identifying characteristics of the law enforcement officers and the victims, including the race or ethnicity, approximate age, gender identity, and sex."
SECTION 5. G.S. 17C‑2 reads as rewritten:
"§ 17C‑2. Definitions.
Unless the context clearly otherwise requires, the following definitions apply in this Chapter:
...
(3) Criminal justice officers. – The administrative and subordinate personnel of all the departments, agencies, units or entities comprising the criminal justice agencies who are sworn law‑enforcement officers, both State and local, with the power of arrest; State correctional officers; State probation/parole officers; State probation/parole officers‑surveillance; officers, supervisory and administrative personnel of local confinement facilities; State juvenile justice officers; chief court counselors; and juvenile court counselors.
(4) Discriminatory profiling. – As defined in G.S. 15A‑306.
(4)(5) Entry level. –
The initial appointment or employment of any person by a criminal justice
agency, or any appointment or employment of a person previously employed by a
criminal justice agency who has not been employed by a criminal justice agency
for the 12‑month period preceding this appointment or employment, or any
appointment or employment of a previously certified criminal justice officer to
a position which requires a different type of certification."
SECTION 6. G.S. 17C‑6(a) reads as rewritten:
"(a) In addition to powers conferred upon the Commission elsewhere in this Chapter, 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:
...
(2) Establish minimum educational and training standards 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 standards for entry level employment shall include the following:
a. educationEducation and training in
response to, and investigation of, domestic violence cases, as well as training
in investigation for evidence‑based prosecutions.
b. Education and training concerning the prohibition against discriminatory profiling.
c. Education and training concerning the proper techniques for recording and storing information, and completing reports, for the purpose of ensuring the accuracy and completeness of data required to be collected under G.S. 143B‑903, 143B‑904, 143B‑904.1, and any other provision of law.
...
(14) Establish minimum standards for in‑service training for criminal justice officers. In‑service training standards shall include all of the following:
a. trainingTraining in response to, and
investigation of, domestic violence cases, as well as training investigation
for evidence‑based prosecutions.
b. Training concerning the prohibition against discriminatory profiling.
c. Training concerning the proper techniques for recording and storing information, and completing reports, for the purpose of ensuring the accuracy and completeness of data required to be collected under G.S. 143B‑903, 143B‑904, 143B‑904.1, and any other provision of law.
...."
SECTION 7. G.S. 17E‑2 reads as rewritten:
"§ 17E‑2. Definitions.
Unless the context clearly requires otherwise, the following definitions apply to this Chapter:
(1) "Commission"
means theCommission. – The North Carolina Sheriffs' Education and
Training Standards Commission.
(2) "Office" or "department"
means theDepartment or Office. – The sheriff of a county, his
deputies, his employees and such equipment, space, provisions and quarters as
are supplied for their use.
(2a) Discriminatory profiling. – As defined in G.S. 15A‑306.
(3) "Justice officer"
means:Justice officer. – Means any of the following:
a. A person who, through the
special trust and confidence of the sheriff, has taken the oath of office
prescribed by Chapter 11 of the General Statutes as a peace officer in the
office of the sheriff. This term includes "deputy sheriffs", "reserve
deputy sheriffs", and "special deputy sheriffs", but does not
include clerical and support personnel not required to take an oath. The term "special
deputy" means a person who, through appointment by the sheriff, becomes an
unpaid criminal justice officer to perform a specific act directed by the sheriff;
orsheriff.
b. A person who, through the
special trust and confidence of the sheriff, has been appointed as a detention
officer by the sheriff; orsheriff.
c. A person who is either
the administrator or other custodial personnel of district confinement
facilities as defined in G.S. 153A‑219; however, nothing in this
Chapter transfers any supervisory or administrative control over employees of
district confinement facilities to the office of the sheriff; orsheriff.
d. A person who, through the special trust and confidence of the sheriff, is under the direct supervision and control of the sheriff and serves as a telecommunicator, or who is presented to the Commission for appointment as a telecommunicator by an employing entity other than the sheriff for the purpose of obtaining certification from the Commission as a telecommunicator."
SECTION 8. G.S. 17E‑4 reads as rewritten:
"§ 17E‑4. Powers and duties of the Commission.
(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:
(1) Promulgate rules and
regulations for the administration of this Chapter, which rules may require (i)
the submission by any agency of information with respect to the employment,
education, and training of its justice officers, and (ii) the submission by any
training school of information with respect to its programs that are required
by this Chapter;Chapter.
(2) Establish minimum educational and training standards that may be met in order to qualify for entry level employment as an officer in temporary or probationary status or in a permanent position. The standards for entry level employment of officers shall include all of the following:
a. trainingTraining in response to, and
investigation of, domestic violence cases, as well as training in investigation
for evidence‑based prosecutions. For purposes of the domestic violence
training requirement, the term "officers" shall include justice
officers as defined in G.S. 17E‑2(3)a., except that the term shall
not include "special deputy sheriffs" as defined in G.S. 17E‑2(3)a.;G.S. 17E‑2(3)a.
b. Training concerning the prohibition against discriminatory profiling.
c. Training concerning the proper techniques for recording and storing information, and completing reports, for the purpose of ensuring the accuracy and completeness of data required to be collected under G.S. 143B‑903, 143B‑904, 143B‑904.1, and any other provision of law.
(3) Certify, pursuant to the
standards that it may establish for the purpose, persons as qualified under the
provisions of this Chapter who may be employed at entry level as officers;officers.
(4) Establish minimum
standards for the certification of training schools and programs or courses of
instruction that are required by this Chapter;Chapter.
(5) Certify, pursuant to the
standards that it has established for the purpose, training schools and programs
or courses of instruction that are required by this Chapter;Chapter.
(6) Establish standards and
levels of education or equivalent experience for teachers who participate in
programs or courses of instruction that are required by this Chapter;Chapter.
(7) Certify, pursuant to the
standards that it has established for the purpose, teachers who participate in
programs or courses of instruction that are required by this Chapter;Chapter.
(8) Investigate and make such
evaluations as may be necessary to determine if agencies are complying with the
provision of this Chapter;Chapter.
(9) Adopt and amend bylaws,
consistent with law, for its internal management and control;control.
(10) Enter into contracts
incident to the administration of its authority pursuant to this Chapter;Chapter.
(11) Establish minimum standards for in‑service training for justice officers. In‑service training standards shall include the following:
a. trainingTraining in response to, and
investigation of, domestic violence cases, as well as training in investigation
for evidence‑based prosecutions. For purposes of the domestic violence
training requirement, the term "justice officer" shall include those
defined in G.S. 17E‑2(3)a., except that the term shall not include "special
deputy sheriffs" as defined in G.S. 17E‑2(3)a.;G.S. 17E‑2(3)a.
b. Training concerning the prohibition against discriminatory profiling.
c. Training concerning the proper techniques for recording and storing information, and completing reports, for the purpose of ensuring the accuracy and completeness of data required to be collected under G.S. 143B‑903, 143B‑904, 143B‑904.1, and any other provision of law.
(12) Establish minimum standards and levels of training for certification of instructors for the domestic violence training required by subdivisions (2) and (11) of this subsection.
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.
(b) The Commission shall have the following powers, which shall be advisory in nature and for which the Commission is not authorized to undertake any enforcement actions:
(1) Certify, pursuant to the
standards that it has established for the purpose, justice officers for those
law‑enforcement agencies that elect to comply with the minimum education,
training, and experience standards established by the Commission for positions
for which advanced or specialized training, education, and experience are appropriate;appropriate.
(2) Consult and cooperate
with counties, agencies of this State, other governmental agencies, and with
universities, colleges, junior colleges, and other institutions, public or
private, concerning the development of training schools and programs or courses
of instruction;instruction.
(3) Study and make reports
and recommendations concerning justice education and training in North Carolina;Carolina.
(4) Conduct and stimulate
research by public and private agencies which shall be designed to improve
education and training in the administration of justice;justice.
(5) Study, obtain data,
statistics, and information and make reports concerning the recruitment,
selection, education and training of persons serving justice agencies in this
State; to make recommendations for improvement in methods of recruitment,
selection, education and training of persons serving sheriffs' departments;departments.
(6) Study and make reports
and recommendations to the Governor, Attorney General, Chief Justice, President
of the Senate and Speaker of the House, concerning the manpower, salary and
equipment needs of the sheriffs of the State;State.
(7) Make recommendations
concerning any matters within its purview pursuant to this Chapter;Chapter.
(8) Appoint such advisory
committees as it may deem necessary;necessary.
(9) Do such things as may be
necessary and incidental to the administration of its authority pursuant to
this Chapter;Chapter.
(10) Formulate basic plans for
and promote the development and improvement of a comprehensive system of
education and training for the officers and employees of agencies consistent
with its rules and regulations;regulations.
(11) Maintain liaison among
municipal, State and federal agencies with respect to education and training;training.
(12) Promote the planning and development of a systematic career development program for sheriffs' department personnel."
SECTION 9. Section 1 of this act is effective when this act becomes law. The remainder of this act becomes effective December 1, 2017, and applies to any misconduct committed on or after that date.
