HB 165 (Edition 1)

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H 1

HOUSE BILL 165

Short Title: Citizens Review Boards Established.		(Public)
Sponsors:	Representatives R. Moore and Quick (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	State and Local Government I, if favorable, Judiciary III

February 23, 2017

A BILL TO BE ENTITLED

AN ACT to authorize the use of CITIZEN review boards to investigate or review allegations of certain police misconduct and to require that certain training be provided to members of neighborhood crime watch programs established by counties and cities.

The General Assembly of North Carolina enacts:

SECTION 1. Article 10 of Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A‑212.3. Citizen review boards.

(a) Definitions. – The following definitions apply in this section:

(1) Disciplinary action. – An oral or written reprimand, suspension, demotion, or termination.

(2) Discriminatory profiling. – As defined in G.S. 15A‑306.

(3) Head. – As defined in G.S. 160A‑288.

(4) Law enforcement agency. – A county police department or sheriff's department. If a joint citizen review board is established under subsection (l) of this section, this term includes a city police department. This term does not include company police agencies certified by the Attorney General pursuant to Chapter 74E of the General Statutes, campus police agencies certified by the Attorney General pursuant to Chapter 74G of the General Statutes, or any special police agency created by the State.

(5) Law enforcement officer. – Any employee of a law enforcement agency who is actively serving in a position with assigned primary duties and responsibilities for prevention and detection of crime or the general enforcement of the criminal laws of the State and who possesses the power of arrest by virtue of an oath administered under the authority of the State.

(6) Misconduct. – Limited to excessive use of force, abuse of power, and discriminatory profiling.

(b) Creation. – A county may by ordinance establish a citizen review board, or may use an existing citizen review board, to investigate or review allegations of misconduct by law enforcement officers employed by a law enforcement agency located within the county that established the citizen review board. The ordinance shall specify at least all of the following:

(1) The composition of the citizen review board.

(2) The minimum qualifications to serve on the citizen review board.

(3) The procedure for appointing persons to the citizen review board.

(4) The duration of the terms of members on the citizen review board.

(5) The manner in which hearings of the citizen review board are to be held.

(1) Receive and investigate complaints by members of the general public against law enforcement officers that allege misconduct.

(2) Review an internal investigation and discipline of a law enforcement officer who is alleged to have committed misconduct.

(3) Subpoena witnesses, administer oaths, and compel the production of evidence.

(4) Make findings and decisions on disciplinary action of a law enforcement officer alleged to have committed misconduct.

(5) Recommend changes in policy to the board of county commissioners and the head of the law enforcement agency within the county that established the citizen review board.

(6) Exercise any other power deemed necessary by the governing body of the county to the discharge of its duties.

(d) Notice and Opportunity to Be Heard. – When investigating a complaint or reviewing an internal investigation and discipline of a law enforcement officer alleged to have committed misconduct, the citizen review board shall provide the law enforcement officer with reasonable notice and an opportunity to be heard. A law enforcement officer and any other person involved in a hearing before the citizen review board may be represented by an attorney or attorneys at the hearing.

(e) Subpoena Power. – If a person fails or refuses to obey a subpoena issued pursuant to this section, the citizen review board may apply to the General Court of Justice located in the county that established the citizen review board for an order requiring that its order be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties. The court shall authorize subpoenas under this section if the court determines the subpoenas are necessary for the citizen review board to complete its investigation or review. No testimony of any witness before the citizen review board pursuant to a subpoena issued in exercise of the power conferred by this section may be used against that witness in any civil or criminal action. Subpoenas issued under this section shall be enforceable by the court through contempt powers.

(f) Personnel Records. – Notwithstanding G.S. 153A‑98, but subject to any federal law restricting access, the head of the law enforcement agency that employs the law enforcement officer alleged to have committed misconduct shall make available to the citizen review board the personnel file of the law enforcement officer and any other material deemed necessary by the governing body of the county for the citizen review board to complete its investigation or review. The citizen review board shall maintain the confidentiality of any information provided to it under this subsection.

(g) Findings and Decisions. – Unless otherwise declared confidential by State or federal law, the findings and decisions of a citizen review board are public records. Notwithstanding G.S. 153A‑103 or any other State law to the contrary, any decision by a citizen review board as to disciplinary action of a law enforcement officer found to have committed misconduct shall be binding on the head of the law enforcement agency that employs the law enforcement officer or the city or county that employs the law enforcement officer.

(h) Appeals. – A county that establishes a citizen review board under this section shall establish an appeals process under which a law enforcement officer may appeal any decision by a citizen review board as to disciplinary action of a law enforcement officer. An appeals process established under this subsection shall provide the law enforcement officer with a reasonable period of time to request an appeal, afford an opportunity for a hearing, and require the hearing officer or body to expeditiously provide a written disposition. If the hearing officer or body overturns the decision of the citizen review board, the law enforcement officer shall be entitled to all relief necessary to make the law enforcement officer whole.

(i) Judicial Review. – Any law enforcement officer aggrieved by a decision of a citizen review board, and who has exhausted the appeals processes established under subsection (h) of this section, is entitled to judicial review of the decision by the citizen review board in the same manner as a party or person aggrieved by the final decision of an agency in a contested case is entitled to judicial review of the decision under Article 4 of Chapter 150B of the General Statutes. Judicial review under this subsection shall be conducted in accordance with Article 4 of Chapter 150B of the General Statutes.

(j) Reports. – A citizen review board shall make a semiannual and an annual report of its actions for each preceding year to the head of the law enforcement agency in the county that established the citizen review board and the governing body of the county that established the citizen review board. The specific content of the reports shall be prescribed by the governing body of the county. Any report made by the citizen review board shall be public record.

(k) Funding. – No State funds shall be used to establish or operate a citizen review board established under this section.

(l) Joint Citizen Review Board. – A county and one or more cities in the county may establish a joint citizen review board.

(m) Exceptions to General Authority. – A citizen review board established by a county under this section shall have no authority to investigate or review allegations of misconduct by any of the following:

(1) A law enforcement officer employed by a city police department located within a city that has established a citizen review board pursuant to G.S. 160A‑289.3, unless the county and city have established a joint citizen review board.

(2) A law enforcement officer employed by a company police agency certified by the Attorney General pursuant to Chapter 74E of the General Statutes.

(3) A law enforcement officer employed by a campus police agency certified by the Attorney General pursuant to Chapter 74G of the General Statutes.

(4) A law enforcement officer employed by a special police agency created by the State.

(n) Local Acts. – To the extent that any provisions of a local act may be inconsistent with the provisions of this section, the provisions of this section shall control."

SECTION 2. Article 13 of Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A‑289.3. Citizen review boards.

(a) Definitions. – The following definitions apply in this section:

(1) Disciplinary action. – As defined in G.S. 153A‑212.3.

(2) Discriminatory profiling. – As defined in G.S. 15A‑306.

(3) Head. – As defined in G.S. 160A‑288.

(4) Law enforcement agency. – A city police department. If a joint citizen review board is established under subsection (l) of this section, this term includes a county police department or sheriff's department. This term does not include company police agencies certified by the Attorney General pursuant to Chapter 74E of the General Statutes, campus police agencies certified by the Attorney General pursuant to Chapter 74G of the General Statutes, or any special police agency created by the State.

(5) Law enforcement officer. – As defined in G.S. 153A‑212.3.

(6) Misconduct. – As defined in G.S. 153A‑212.3.

(b) Creation. – A city may by ordinance establish a citizen review board, or may use an existing citizen review board, to investigate or review allegations of misconduct by law enforcement officers employed by a law enforcement agency located within the city that established the citizen review board. The ordinance shall specify at least all of the following: