H589: Prohibit LEO Use of Chemical Agents on Minors. Latest Version



AN ACT to prohibit law enforcement officers from using chemical agents on minors.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 15A‑401(d) reads as rewritten:

(d)      Use of Force in Arrest. –

(1)        Subject to the provisions of subdivision (2), subdivisions (2) and (3) of this subsection, a law‑enforcement officer is justified in using force upon another person when and to the extent that he reasonably believes it necessary:

a.         To prevent the escape from custody or to effect an arrest of a person who he reasonably believes has committed a criminal offense, unless he knows that the arrest is unauthorized; or

b.         To defend himself or a third person from what he reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.



(3)        A law‑enforcement officer shall not use chemical agents on a person that the officer knows or should know is under the age of 18.

a.         For the purposes of this section, a chemical agent shall include, but is not limited to, the following:

1.         Oleoresin.

2.         Capsicum.

3.         Pepper spray.

4.         Tear gas.

b.         Any State or local department or office, campus police agency, or company policy agency, employing a sworn law‑enforcement officer with the power of arrest shall develop a mandatory policy that incorporates the provisions of this section. The policies developed pursuant to this sub‑subdivision shall be made available to the public by issuance of a news release that is published on the department, office, or agency's website.

SECTION 1.(b)  Article 4 of Chapter 20 of the General Statutes is amended by adding a new section to read:

§ 20‑196.6.  Restriction on use of chemical agents by State Troopers.

(a)        A State Trooper shall not use chemical agents on a person that the State Trooper knows or should know is under the age of 18.

(b)        For the purposes of this section, a chemical agent shall include, but is not limited to, the following:

(1)        Oleoresin.

(2)        Capsicum.

(3)        Pepper spray.

(4)        Tear gas.

(c)        The State Highway Patrol shall develop a mandatory policy that incorporates the provisions of this section. The policies developed pursuant to this subsection shall be made available to the public by issuance of a news release that is published on the State Highway Patrol website.

SECTION 1.(c)  Chapter 74E of the General Statutes is amended by adding a new section to read:

§ 74E‑10.1.  Restriction on use of chemical agents by company police.

(a)        A company police officer shall not use chemical agents on a person that the company police officer knows or should know is under the age of 18.

(b)        For the purposes of this section, a chemical agent shall include, but is not limited to, the following:

(1)        Oleoresin.

(2)        Capsicum.

(3)        Pepper spray.

(4)        Tear gas.

(c)        The company police agency shall develop a mandatory policy that incorporates the provisions of this section. The policies developed pursuant to this subsection shall be made available to the public by issuance of a news release that is published on the company police agency website.

SECTION 1.(d)  Chapter 74G of the General Statutes is amended by adding a new section to read:

§ 74G‑10.1.  Restriction on use of chemical agents by campus police.

(a)        A campus police officer shall not use chemical agents on a person that the campus police officer knows or should know is under the age of 18.

(b)        For the purposes of this section, a chemical agent shall include, but is not limited to, the following:

(1)        Oleoresin.

(2)        Capsicum.

(3)        Pepper spray.

(4)        Tear gas.

(c)        The campus police agency shall develop a mandatory policy that incorporates the provisions of this section. The policies developed pursuant to this subsection shall be made available to the public by issuance of a news release that is published on the campus police agency website.

SECTION 1.(e)  Subpart C of Part 4 of Article 13 of Chapter 143B of the General Statutes is amended by adding a new section to read:

§ 143B‑927.1.  Restriction on use of chemical agents by law enforcement officers.

(a)        A law enforcement officer of the State Bureau of Investigation shall not use chemical agents on a person that the law enforcement officer knows or should know is under the age of 18.

(b)        For the purposes of this section, a chemical agent shall include, but is not limited to, the following:

(1)        Oleoresin.

(2)        Capsicum.

(3)        Pepper spray.

(4)        Tear gas.

(c)        The State Bureau of Investigation shall develop a mandatory policy that incorporates the provisions of this section. The policies developed pursuant to this subsection shall be made available to the public by issuance of a news release that is published on the State Bureau of Investigation website.

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

§ 153A‑213.  Restriction on use of chemical agents by law enforcement officers.

(a)        A county law enforcement officer shall not use chemical agents on a person that the law enforcement officer knows or should know is under the age of 18.

(b)        For the purposes of this section, a chemical agent shall include, but is not limited to, the following:

(1)        Oleoresin.

(2)        Capsicum.

(3)        Pepper spray.

(4)        Tear gas.

(c)        The county shall develop a mandatory policy that incorporates the provisions of this section. The policies developed pursuant to this subsection shall be made available to the public by issuance of a news release that is published on the county website.

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

§ 160A‑290.  Restriction on use of chemical agents by law enforcement officers.

(a)        A city law enforcement officer shall not use chemical agents on a person that the law enforcement officer knows or should know is under the age of 18.

(b)        For the purposes of this section, a chemical agent shall include, but is not limited to, the following:

(1)        Oleoresin.

(2)        Capsicum.

(3)        Pepper spray.

(4)        Tear gas.

(c)        The city shall develop a mandatory policy that incorporates the provisions of this section. The policies developed pursuant to this subsection shall be made available to the public by issuance of a news release that is published on the city website.

SECTION 2.  This act becomes effective October 1, 2021.