SB 171 — Department of Public Safety Agency Bill.-AB

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 21 SENATE BILL 171 Judiciary Committee Substitute Adopted 4/19/23 Short Title:

Senator Daniel (Primary Sponsor).

Rules and Operations of the Senate March 1, 2023 A BILL TO BE ENTITLED AN ACT TO MODIFY LAWS RELATED TO PUBLIC SAFETY, AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC SAFETY.

6 EXPANDEDSTATEWIDE JURISDICTION OF STATE CAPITOL POLICE AS STATE OFFICES EXPAND OUTSIDE OF WAKE COUNTY SECTION 1.(a) G.S.

143B-911143B-911(d) reads as rewritten:

"Subpart"(d) B.Jurisdiction of Officers.

– Each special police officer of the State Capitol Police Division.shall have the same power of arrest as the police officers of the City of Raleigh.

"§Such 143B-911.authority may be exercised within the same territorial jurisdiction as exercised by the police officers of the City of Raleigh, and in addition thereto the authorityof a deputy sheriff may be exercised on property owned, leased, or maintained by the State located in the County of Wake.law enforcement officers generally." SECTION 1.(b) This section is effective when it becomes law.

CreationUPDATE ofNOTICE StateSTATUTE CapitolTO PoliceREFLECT Division;SECOND CHANCE ACT SECTION 2.(a) G.S.

powers15A-150(e) andreads duties.as rewritten:

(a)"(e) DivisionThe Established.Director of the Administrative Office of the Courts may enter into an agreement with any of the State agencies listed in subsection (b) of this section for electronic or facsimile transmission of any information that must be provided under this section.

–The ThereAdministrative isOffice createdof the StateCourts Capitolalso Policemay Divisionshall ofprovide thenotice Departmentto ofState Publicand Safetywithlocal theagencies, organization,in powers,a manner and dutiesformat defineddetermined inby Articlethe 1Administrative Office of thisthe Chapter,Courts, exceptof asexpunctions modifiedgranted inpursuant thisto Part.G.S.

(b)15A-146(a4)." Purpose.SECTION 2.(b) This section becomes effective October 1, 2023, and applies to expunctions granted pursuant to G.S.

–15A-146(a4) Theon Stateor Capitolafter Policethat Divisiondate. shall serve as a special police agency of the Department of Public Safety.

TheADD ChiefDEFINITION ofOF theWOOD StateRESIDUAL CapitolSECTION Police,3.(a) appointed by the Secretary pursuant to G.S.

143B-602, with the approval of the Governor, may appoint as special police officers such reliable persons as the Chief may deem necessary.

(c) Appointment of Officers.

– Special police Police officers appointed pursuant to this section may not exercise the power of arrest until they shall take an oath, to be administered by any person authorized to administer oaths, as required by law.

(d) Jurisdiction of Officers.

– Each special police officer of the State Capitol Police officer shall have the same power of arrest as the police officers of the City of Raleigh.

Such authority may be exercised within the same territorial jurisdiction as exercised by the police officers of the City of Raleigh, and in addition thereto the authority of a deputy sheriff may be exercised on property owned, leased, or maintained by the State located in the County of Wake.following authority:

(1) The same power of arrest as the police officers of the City of Raleigh.

Such authoritymaybe exercised within the same territorial jurisdiction as exercised by the police officers of the City of Raleigh.

(2) The same authority as a deputy sheriff in buildings and on the grounds of property owned, leased, or maintained by the State located in Wake County.

(3) The same authority as a deputy sheriff in a building or a portion of a building, or on the grounds thereof, when owned or leased by the State, located anywhere in the State, when the State agency responsible for that building or any portion thereof executes a written agreement for service with the State Capitol Police related to that specific building or portion thereof.

*S171-v-2* General Assembly Of North Carolina Session 2023 (e) Public Safety.

– The Chief of the State Capitol Police, or the Chief's designee, shall exerciseat all timesthosemeans that,intheopinionoftheChieforthedesignee, maybeeffective in protecting all State buildings and grounds, except for the State legislative buildings and grounds as defined in G.S.

120-32.1(d), and the persons within those buildings and grounds from fire, bombs, bomb threats, or anyother emergencyor potentiallyhazardous conditions, including both the ordering and control of the evacuation of those buildings and grounds.

The Chief, or the Chief's designee, may employ the assistance of other available law enforcement agencies and emergency agencies to aid and assist in evacuations of those buildings and grounds." SECTION 1.(b) This section is effective when it becomes law.

ADD DEFINITION OF WOOD RESIDUAL SECTION 2.(a) G.S.

Wood residual includes *S171-v-1* General Assembly Of North Carolina Session 2023 bark, chips, edging, sawdust, shavings, leaves, wood chips, or wood pellets manufactured primarily from wood and may include small amounts of glue, binder, or resin from wood products.

…." SECTION 2.(b)3.(b) This section is effective when it becomes law and applies to wood residual (i) transported, (ii) stored, or (iii) otherwise interacted with on or after that date.

UPDATE STATUTE REGARDING MISSING PERSONS SECTION 3.(a)4.(a) G.S.

(3) A missing child has been missing for more than 30 90 days." SECTION 3.(b)4.(b) This section is effective when it becomes law.

UPDATE SILVER ALERT NOTIFICATION SECTION 4.(a)5.(a) G.S.

(b) If the Center or a law enforcement agency receives a request that involves a missing person or missing child as described in subsection (a) of this section, and at the time of receipt no more than 72 hours have passed since the person or child went missing, the Center or law Page 2 Senate Bill 171-Second Edition General Assembly Of North Carolina Session 2023 enforcement agency shall issue an alert providing for rapid dissemination of information statewide regarding the missing person or missing child.

The Center and the Department of Transportation shall develop guidelines for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign." SECTION 4.(b)5.(b) This section becomes effective October 1, 2023, and applies to persons or children reported missing on or after that date.

Page 2 Senate Bill 171-First Edition General Assembly Of North Carolina Session 2023 2 CHANGE NC PUBLIC RECORDS LAWS RELATED TO MILITARY INVESTIGATIONS SECTION 5.(a)6.(a) Article 3 of Chapter 127A of the General Statutes is amended by adding a new section to read:

Adjutant General and National Guard Staff Judge Advocate access to law enforcement and medical examiner records.

(a) The Adjutant General or the NationalAdjutant GuardGeneral's Staffdesignee Judge Advocate may request records of criminal investigations or criminal intelligence information from a district attorney, law enforcement agencyagency, or medical examiner.examiner for use in a court-martial action or administrative investigation involving a member of the National Guard.