HB 1024 — Durham Traffic Crash Investigators.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 21 HOUSE BILL 1024 Committee Substitute Favorable 6/14/22 Short Title:

DurhamDurham/Civilian Traffic Crash Investigators.

Representatives Morey, Alston, and Hawkins (Primary Sponsors).

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

Local Government, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House May 25, 2022 A BILL TO BE ENTITLED AN ACT AUTHORIZING THE CITY OF DURHAM TO EMPLOY TRAFFICAND CRASHALLOW INVESTIGATORSCIVILIAN FORPERSONNEL WRECKSTO INVESTIGATE TRAFFIC CRASHES INVOLVING ONLY PROPERTY DAMAGE.

SECTION 1.(a)1. This act applies to the City of Durham only.

SECTIONChapter 1.(b)VII Notwithstandingof anythe otherCharter provision of law, the City of DurhamDurham, isbeing herebyChapter authorized671 toof employthe and1975 allowSession nonswornLaws, personnelas amended, is amended by adding a new section to investigateread trafficas crashes.follows:

The"Sec. nonsworn personnel shall be known as "Traffic Crash Investigators." SECTION 1.(c) The City of Durham shall establish the minimum standards for employment as a Traffic Crash Investigator.

SECTION128. 1.(d) Each Traffic Crash Investigator shall attend a training program designed by the Durham Police Department, in consultation with the North Carolina Justice Academy.

UponCivilian completion of the training program, a Traffic CrashInvestigators. Investigator shall spend not less than four weeks of field training with a law enforcement officer who has experience conducting traffic crash investigations.

SECTION(a) 1.(e)Notwithstanding Eachany Trafficother Crashprovision Investigatorof shalllaw, be issued credentials by the City ofmay Durhamemploy identifyingand theallow individualcivilian aspersonnel ato Trafficinvestigate Crashtraffic Investigator.crashes.

The Trafficcivilian Crashpersonnel Investigator shall producebe officialknown credentialsas at"Civilian anyTraffic timeInvestigators." when(b) requestedAll byof athe memberfollowing ofshall theapply publicto involvedCivilian inTraffic orInvestigators as(hereinafter a"Investigator" witnessor to"Investigators") aemployed crash.by the City:

A(1) TrafficThe CrashCity Investigator shall beestablish issuedthe aminimum uniformstandards that is substantially different in color and style from that of a law enforcement officer for theemployment Cityas ofan Durham.Investigator.

The(2) uniformEach Investigator shall haveattend patchesa thattraining clearlyprogram identifydesigned by the individualCity asof aDurham TrafficPolice CrashDepartment Investigator.in consultation with the North Carolina Justice Academy.

TheUpon individual'scompletion nameof the training program, each Investigator shall bespend clearlynot displayedless onthan thefour uniform.weeks of field training with a law enforcement officer who has experience conducting traffic crash investigations.

Traffic(3) CrashEach InvestigatorsInvestigator shall not be issued badges.credentials by the City identifying the individual as a Civilian Traffic Investigator.

SECTIONThe 1.(f)Investigator Vehiclesshall issuedproduce to,official orcredentials usedat by,any atime Trafficwhen Crashrequested Investigatorby shalla notmember bearof markingsthe orpublic symbolsinvolved thatin identifyor thea vehiclewitness asto a policecrash. vehicle.

(4) Investigators shall be issued a uniform that is substantially different in color and style from that of a law enforcement officer for the City.

The uniform shall have patches that clearly identify the individual as an Investigator, and the individual's name shall be clearly displayed on the uniform.

Investigators shall not be issued badges.

(5) Any vehicles issued to, or used by, an Investigator shall not bear markings or symbols that identify the vehicle as a police vehicle.

SECTION(6) 1.(g)Investigators Trafficshall Crashnot Investigatorsbe shallissued investigatea crashesweapon involvingof onlyany propertydamage.type.

A(7) TrafficInvestigators Crashshall Investigatorhave shallno complywithauthority allto provisionsarrest ofor G.S.issue criminal process.

*H1024-v-1* General Assembly Of North Carolina Session 2021 (8) Investigators shall investigate crashes involving only property damage.

Investigators shall comply with all provisions of G.S.

A report completed by aan Traffic Crash Investigator shall be treated the same as if it were completed by a law enforcement officer for the purposes of G.S.

SECTION(9) 1.(h)Investigators Ashall Traffichave Crashthesameauthorityas Investigatoralawenforcement shallofficerto havetow noor authorityremove toa arrestvehicle that is obstructing a public street or issuehighway." criminalSECTION process.2.

ANot Trafficlater Crashthan InvestigatorDecember 31, 2023, the City of Durham shall notsubmit beto issuedthe aHouse weaponof Representatives Appropriations Subcommittee on Justice and Public Safety and the Senate Committee on Appropriations on Justice and Public Safetya written report on the training and use of anyCivilian type.Traffic Investigators, as authorized in Section 1 of this act, for the period commencing on the effective date of this act and concluding November 1, 2023.

SECTION 1.(i) A Traffic Crash Investigator shall have the same authority as a law enforcement officer to tow or remove a vehicle that is obstructing a public street or highway.

*H1024-v-2* General Assembly Of North Carolina Session 2021 SECTION 1.(j) Notwithstanding any other provision of law, a Traffic Crash Investigator shall have the same authority as a law enforcement officer to direct all traffic in conformance with law and, in the event of a fire or other emergency or to expedite traffic or to ensure safety, to direct traffic as conditions may require.

SECTION 2.

Not later than December 31, 2023, the City of Durham shall submit to the House of Representatives Appropriations Subcommittee on Justice and Public Safety and the Senate Committee on Appropriations on Justice and Public Safety a written report on the training and use of Traffic Crash Investigators for the period commencing on the effective date of this act and concluding November 1, 2023.

Page 2 House Bill 1024-Second1024-First Edition