H757: The Police Use-of-Force Transparency Act. Latest Version

2021-2022

House
Passed 1st Reading



AN ACT to ensure transparency in use of force by law enforcement officers in north carolina.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Article 1 of Chapter 114 of the General Statutes is amended by adding a new section to read:

§ 114‑2.7B.  Database for law enforcement officer critical incident information.

(a)        The Department of Justice, in consultation with the Criminal Justice Education and Training Standards Commission and the Sheriffs' Education and Training Standards Commission, shall develop and maintain a statewide database for use by law enforcement agencies that tracks all critical incident data of law enforcement officers in North Carolina. For purposes of this section, critical incident shall be defined as an incident involving any use of force by a law enforcement officer that results in death or serious bodily injury to a person.

(b)        All law enforcement agencies in the State, including, but not limited to, the State Highway Patrol, the State Bureau of Investigation, county sheriffs' offices, municipal police departments, campus police agencies, and company police agencies, shall provide to the Department of Justice information requested to maintain the database required by subsection (a) of this section.

(c)        Information collected under this section that is confidential under State or federal law shall remain confidential.

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

§ 20‑196.7.  Provide use of force information to the Department of Justice.

The State Highway Patrol shall provide to the Department of Justice requested information regarding the use of force of State Troopers to maintain the statewide database developed pursuant to G.S. 114‑2.7B.

Information collected under this section that is confidential under State or federal law shall remain confidential.

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

§ 74E‑10.2.  Provide use of force information to the Department of Justice.

A company police agency shall provide to the Department of Justice requested information regarding the use of force of its law enforcement officers to maintain the statewide database developed pursuant to G.S. 114‑2.7B.

Information collected under this section that is confidential under State or federal law shall remain confidential.

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

§ 74G‑10.2.  Provide use of force information to the Department of Justice.

A campus police agency shall provide to the Department of Justice requested information regarding the use of force of its law enforcement officers to maintain the statewide database developed pursuant to G.S. 114‑2.7B.

Information collected under this section that is confidential under State or federal law shall remain confidential.

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‑927.2.  Provide use of force information to the Department of Justice.

The State Bureau of Investigation shall provide to the Department of Justice requested information regarding the use of force of its law enforcement officers to maintain the statewide database developed pursuant to G.S. 114‑2.7B.

Information collected under this section that is confidential under State or federal law shall remain confidential.

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

§ 153A‑213.1.  Provide use of force information to the Department of Justice.

A county shall provide to the Department of Justice requested information regarding the use of force of its law enforcement officers to maintain the statewide database developed pursuant to G.S. 114‑2.7B.

Information collected under this section that is confidential under State or federal law shall remain confidential.

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

§ 160A‑290.1.  Provide use of force information to the Department of Justice.

A city shall provide to the Department of Justice requested information regarding the use of force of its law enforcement officers to maintain the statewide database developed pursuant to G.S. 114‑2.7B.

Information collected under this section that is confidential under State or federal law shall remain confidential.

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