Bill Summaries: H589 (2023-2024 Session)

Tracking:
  • Bill H 589 (2023-2024)
    Summary date: Apr 25 2023 - View summary

    House committee substitute to the 1st edition makes the following changes.

    Deletes the proposed changes to GS 15A-401 (Arrest by law-enforcement officer). 

    Amends proposed new GS 17C-17 and GS 17E-17 by removing the duty to intervene and report on specified activities. Now, instead provides as follows.

    New GS 17C-17 makes it a Class 2 misdemeanor to retaliate against a criminal justice officer that reports a violation of any of the following: (1) violations of federal, state, city, or county laws, ordinances, or regulations; (2) fraud; (3) misappropriation of state, city, or county resources; (4) activity that poses a substantial danger to public health and safety; (5) gross mismanagement including waste of public monies or the abuse of authority; or (6) unauthorized use of excessive force. Specifies that employers may discipline or terminate employees for legitimate, non-discriminatory, non-retaliatory reasons. Provides that whether an adverse action was taken because of the employee's protected activity depends on the facts. New GS 17E-17, which extends the same protections to justice officers reporting those violations of those same prohibited activities and contains text effectively identical to the new GS 17C-17. 

    Effective and applicable to offenses and retaliatory actions taken on or after December 1, 2023. 

    Makes conforming changes to the act's long title.
    Government, Public Safety and Emergency Management
    GS 17C, GS 17E
  • Bill H 589 (2023-2024)
    Summary date: Apr 6 2023 - View summary

    Identical to S 534, filed 4/4/23.

    Amends GS 15A-401 (Arrest by law-enforcement officer) by creating new subsection (d2) (Protection from Retaliation), which protects law enforcement officers who report what they believe to be excessive use of force under subsection (d1) (Duty to Intervene and Report Excessive Use of Force) from termination or retaliation. Makes filing a knowingly false report under subsection (d1) a Class 2 misdemeanor. 

    Creates new GS 17C-17, which obligates a criminal justice officer in the line of duty to attempt to intervene and prevent (1) violations of federal, state, city, or county laws, ordinances, or regulations; (2) fraud; (3) misappropriation of state, city, or county resources; (4) activity that poses a substantial danger to public health and safety; or (5) gross mismanagement including waste of public monies or the abuse of authority. Also obligates a criminal justice officer to report any conduct they reasonably believe falls into categories (1) through (5) within 72 hours, even if they did not intervene. Protects a criminal justice officer who files a report under this section from termination or retaliation. Makes filing a knowingly false report under the section a Class 2 misdemeanor. 

    Creates new GS 17E-17, which extends the same obligations and protections to justice officers and contains text effectively identical to the new GS 17C-17. 

    Effective and applicable to offenses and retaliatory actions taken on or after December 1, 2023. 
    Government, Public Safety and Emergency Management
    GS 15A, GS 17C, GS 17E

© 2022 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.