AN ACT to ESTABLISH LOCAL GOVERNMENTAL LIABILITY for damages, INJURY, OR DEATH OCCURRING during public demonstrations.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Article 10 of Chapter 153A of the General Statutes is amended by adding a new section to read:

§ 153A‑212.3  Liability during public demonstrations.

(a)        A governmental entity shall not intentionally prohibit, prevent, or delay law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration unless the services are replaced by like services provided by another governmental entity.

(b)        A governmental entity violating subsection (a) of this section may be held liable for damages, injury, or death proximately caused by the governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration.

(c)        As used in this section, governmental entity means a mayor, chief executive officer, governing body, board, commission, committee, or department of a municipality, county, or other political subdivision of the State.

(d)       This section does not apply to tactical decisions made by law enforcement or fire and rescue services personnel based on the risks to or safety of personnel or the public.

SECTION 1.(b)  Article 13 of Chapter 160A of the General Statutes is amended by adding a new section to read:

§ 160A‑289.3  Liability during public demonstrations.

The provisions of G.S. 153A‑212.3 shall apply to cities.

SECTION 2.  This act is effective when it becomes law and applies to public demonstrations occurring on or after that date.