SB 565 — Supporting Law Enforcement.

Bill Text

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends existing law regarding the use of force by law enforcement officers and establishes new requirements for maintaining databases of law enforcement officer certifications and critical incident data.

• G.S. 15A-401(d)

  (d) Use of Force in Arrest. – (1) Subject to the provisions of subdivision (2), 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. (2) A law-enforcement officer is justified in using deadly physical force upon another person for a purpose specified in subdivision (1) of this subsection only when it is or appears to be reasonably necessary thereby: a. To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; b. To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay; or c. To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony. Nothing in this subdivision constitutes justification for willful, malicious or criminally negligent conduct by any person which injures or endangers any person or property, nor shall it be construed to excuse or justify the use of unreasonable or excessive force. (3) Strangleholds, lateral vascular neck restraints, carotid restraints, or any other tactics that restrict oxygen or blood flow to the head or neck shall be considered the use of deadly force under this subdivision. (4) A law-enforcement officer that witnesses another law-enforcement officer using excessive force not justified under this section or otherwise abusing a suspect or arrestee has a duty to intervene and to report the use of excessive force or the abuse. (5) Under all circumstances in which a law-enforcement officer uses force of any kind, a law-enforcement officer shall use the minimum amount of force reasonably necessary to accomplish the law-enforcement action and shall attempt to utilize de-escalation tactics when possible.

  This section establishes more stringent criteria for the use of deadly force and mandates a duty to intervene against excessive force.

• § 114-2.8. 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.

  This new section establishes a database for tracking critical incidents involving law enforcement officers, enhancing accountability.

Action History

1. April 07, 2021

   Passed 1st Reading

2. April 07, 2021

   Ref To Com On Rules and Operations of the Senate

3. April 06, 2021

   Filed

Sponsors

• Brent Jackson · Cosponsor
• Sydney Batch · Primary
• Crawford · Primary
• Michael Garrett · Cosponsor
• deViere · Cosponsor
• Foushee · Cosponsor
• Jr. Paul A. Lowe · Cosponsor
• Marcus · Cosponsor
• Gladys A. Robinson · Cosponsor
• DeAndrea Salvador · Cosponsor

Votes

Subjects