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NC S682

Bill

Status

Introduced

4/7/2021

Primary Sponsor

Kirk deViere

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Cities in North Carolina may establish citizens review boards to review appeals of disciplinary actions against city law enforcement officers for misconduct involving excessive use of force, abuse of power, or discriminatory profiling.

  • Board members must be city qualified voters not employed by the city, complete a citizens' academy and ride-along with an officer, pass a criminal background check, and cannot have felony convictions or Class A1 misdemeanors in the past 5 years; boards consist of 5-11 members appointed with unanimous city council approval.

  • Board members must sign confidentiality agreements (breach is a Class 1 misdemeanor with up to $1,000 fine), serve 2-year terms without consecutive reappointment, and may be removed for cause; members serve without compensation but can receive expense reimbursement.

  • Citizens review boards have authority to subpoena witnesses, make binding disciplinary findings (sustained, not sustained, exonerated, or unfounded) based on substantial clear and convincing evidence, and recommend policy or training changes; findings and recommendations are confidential personnel records but may be appealed to Superior Court for trial de novo.

  • Law enforcement officers have rights including 15-day notice, the ability to contest allegations, complete discovery of evidence 10 days prior, attorney representation, and the ability to confront and cross-examine witnesses; boards cannot review county, campus, company, or state law enforcement officers.

Legislative Description

Citizens Review Board

Boards

Last Action

Ref To Com On Rules and Operations of the Senate

4/8/2021

Committee Referrals

Rules and Operations of the Senate4/8/2021

Full Bill Text

No bill text available