HB 388 — Modernize Mutual Assistance Statutes.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 21 HOUSE BILL 388 Committee Substitute Favorable 4/5/17 Short Title:

Representatives McNeill, Faircloth, and Meyer (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

State and Local Government II March 20, 2017 A BILL TO BE ENTITLED AN ACT TO CREATE A PRESUMPTION THAT ALLOWS ONE LAW ENFORCEMENT AGENCY TO EASILY ASSIST ANOTHER LAW ENFORCEMENT AGENCY WHENEVER NECESSARYNECESSARY. AND TO MAKE TECHNICAL CHANGES.

160A-288160A-288(a) reads as rewritten:

(a) In accordance with rules, policies, or guidelinesguidelinesUnless Unless specifically prohibited or limited by an ordinance officially adopted by the governing body of the city or county by which hehethe the person is employed, and subject to any conditions or restrictions included therein,therein,appointed, appointed, or elected to serve, the head of any law-enforcement agency may temporarily provide assistance to another agency in enforcing the laws of North Carolina if so requested in writing by the head of the requesting agency.

While working with the requesting agency under the authority of this section, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those hehethe the officer normally possesses.

While on duty with the requesting agency, hehethe the officer shall be subject to the lawful operational commands of hishisthe the officer's superior officers in the requesting agency, but hehethe the officer shall for personnel and administrative purposes, remain under the control of hishisthe the officer's own agency, including for purposes of pay.

HeHeThe The officer shall furthermore be entitled to workers' compensation and the same benefits when acting pursuant to this section to the same extent as though hehethe the officer were functioning within the normal scope of hishisthe the officer's duties.duties." SECTION 2.

(b) As used in this section:

(1) "Head" means any director or chief officer of a law-enforcement agency including the chief of police of a local department, chief of police of county police department, and the sheriff of a county, or an officer of one of the above named agencies to whom the head of that agency has delegated authority to make or grant requests under this section, but only one officer in the agency shall have this delegated authority at any time.

(2) "Law-enforcement agency" means only a municipal police department, a county police department, or a sheriff's department.

office.

All other State and local agencies are exempted from the provisions of this section.

…." *H388-v-2* General Assembly Of North Carolina Session 2017 SECTION 2.

160A-288.216A-288.2(a) reads as rewritten:

(a) In accordance with rules, policies, or guidelinesguidelinesUnless Unless specifically prohibitedlimited or limitedprohibited by an ordinance officially adopted by the governing body of the city or county by which hehethe theperson officer is employed, and subject to any conditions or restrictions included therein,therein,appointed, appointed, or elected to serve, the head of any local law-enforcement agency may temporarily provide assistance to a State law-enforcement agency in enforcing the laws of North Carolina if so requested in writing by the head of the State agency.

While *H388-v-1* General Assembly Of North Carolina Session 2017 working with the State agency under the authority of this section, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and the payment of judgments) as the officers of the State agency in addition to those hehethe the officer normally possesses.

While on duty with the State agency, hehethe the officer shall be subject to the lawful operational commands of hishisthe the officer's superior officers in the State agency, but hehethe the officer shall for personnel and administrative purposes, remain under the control of the local agency, including for purposes of pay.

HeHeThe The officer shall furthermore be entitled to workers' compensation and the same benefits when acting pursuant to this section to the same extent as though hehethe the officer were functioning within the normal scope of hishisthe the officer's duties.duties." SECTION 3.

(b) As used in this section:

(1) "Head" means any director or chief officer of any State or local law-enforcement agency including the chief of police of a local department, chief of police of a county police department, and the sheriff of a county, or an officer of the agency to whom the head of that agency has delegated authority to make or grant requests under this section, but only one officer in the agency shall have this delegated authority at any time.

(2) "Local law-enforcement agency" means any municipal police department, a county police department, or a sheriff's department.office.

…." SECTION 3.

Page 2 House Bill 388-Second388-First Edition