North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S431 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 431
	3	+	S D
	4	+	SENATE BILL DRS35065-NDa-40
	5	+
5	6
6	7
7	8		Short Title: Protect Whistleblower LEOs from Retaliation. (Public)
8	9		Sponsors: Senators Grafstein, Bradley, and Everitt (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 25, 2025~~
11		-	~~S431 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS35065 -NDa-40
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT PROTECTING FROM RETALIATION LAW ENFORCEMENT OFFICERS THAT 2
14	15		REPORT THE USE OF EXCESSIVE FORCE OR OTHER IMPROPER OR UNLAWFUL 3
15	16		ACTIVITY AND APPROPRIATING FUNDS. 4
16	17		The General Assembly of North Carolina enacts: 5
17	18		SECTION 1. G.S. 15A-401 reads as rewritten: 6
18	19		"§ 15A-401. Arrest by law-enforcement officer. 7
19	20		… 8
20	21		(d1) Duty to Intervene and Report Excessive Use of Force. – A law enforcement officer, 9
21	22		while in the line of duty, who observes another law enforcement officer use force against another 10
22	23		person that the observing officer reasonably believes exceeds the amount of force authorized by 11
23	24		subsection (d) of this section and who possesses a reasonable opportunity to intervene, shall, if 12
24	25		it is safe to do so, attempt to intervene to prevent the use of excessive force. Additionally, the 13
25	26		observing officer shall, within a reasonable period of time not to exceed 72 hours thereafter, 14
26	27		report what the officer reasonably believes to be an unauthorized use of force to a superior law 15
27	28		enforcement officer within the agency of the observing officer, even if the observing officer did 16
28	29		not have a reasonable opportunity to intervene. If the head of the law enforcement agency of the 17
29	30		observing officer was involved or present during what the observing officer reasonably believes 18
30	31		to be unauthorized use of force, the observing officer shall make the report to the highest ranking 19
31	32		law enforcement officer of that officer's agency who was not involved in or present during the 20
32	33		use of force. 21
33	34		Making a knowingly false report under this subsection shall be a Class 2 misdemeanor. 22
34	35		(d2) Protection from Retaliation. – The observing officer reporting an alleged 23
35	36		unauthorized use of force pursuant to subsection (d1) of this section shall not be terminated, 24
36	37		disciplined, or otherwise retaliated against for making that report, provided that nothing in this 25
37	38		subsection shall prohibit councils, supervisors, department heads, or other appropriate authorities 26
38	39		from taking disciplinary action against the observing officer for conduct that occurred prior to 27
39	40		making the report. 28
40	41		…." 29
41	42		SECTION 2.(a) Article 1 of Chapter 17C of the General Statutes is amended by 30
42	43		adding a new section to read: 31
43	44		"§ 17C-17. Duty to intervene and report certain conduct; protection from retaliation. 32
44	45		(a) A criminal justice officer, while in the line of duty, that observes any of the following 33
45	46		conduct and possesses a reasonable opportunity to intervene shall, if it is safe to do so, attempt 34
46	47		to intervene to prevent the continuation of the conduct: 35
47		-	(1) Violations of federal, State, city, or county laws, ordinances, or regulations. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 431-First Edition
	48	+	(1) Violations of federal, State, city, or county laws, ordinances, or regulations. 36
	49	+	FILED SENATE
	50	+	Mar 24, 2025
	51	+	S.B. 431
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS35065-NDa-40
49	54		(2) Fraud. 1
50	55		(3) Misappropriation of State, city, or county resources. 2
51	56		(4) Activity that poses a substantial danger to public health and safety. 3
52	57		(5) Gross mismanagement, including the gross waste of public monies or the 4
53	58		gross abuse of authority. 5
54	59		(b) A criminal justice officer that observes conduct the criminal justice officer reasonably 6
55	60		believes to be conduct specified in subdivisions (1) through (5) of subsection (a) of this section 7
56	61		shall, within a reasonable period of time not to exceed 72 hours after the conduct occurred, report 8
57	62		the conduct to an immediate supervisor, department head, or appropriate authority, even if the 9
58	63		criminal justice officer did not have a reasonable opportunity to intervene. If the immediate 10
59	64		supervisor, department head, or appropriate authority was involved in or present during the 11
60	65		observed conduct, the criminal justice officer shall make the report to the highest ranking 12
61	66		supervisor, department head, or appropriate authority of the criminal justice officer's agency that 13
62	67		was not involved in or present during the conduct. 14
63	68		(c) A criminal justice officer that makes a report pursuant to subsection (b) of this section 15
64	69		shall not be terminated, disciplined, or otherwise retaliated against for making that report. 16
65	70		(d) Nothing in this section shall prohibit agencies, supervisors, department heads, or 17
66	71		appropriate authorities from taking disciplinary action against a criminal justice officer for any 18
67	72		violation, fraud, misappropriation, gross mismanagement, or other activity specified in 19
68	73		subdivisions (1) through (5) of subsection (a) of this section that occurred prior to the criminal 20
69	74		justice officer making a report under subsection (b) of this section. 21
70	75		(e) Making a knowingly false report under this section shall be a Class 2 misdemeanor." 22
71	76		SECTION 2.(b) Article 2 of Chapter 17E of the General Statutes is amended by 23
72	77		adding a new section to read: 24
73	78		"§ 17E-17. Duty to intervene and report certain conduct; protection from retaliation. 25
74	79		(a) A justice officer, while in the line of duty, that observes any of the following conduct 26
75	80		and possesses a reasonable opportunity to intervene shall, if it is safe to do so, attempt to intervene 27
76	81		to prevent the continuation of the conduct: 28
77	82		(1) Violations of federal, State, city, or county laws, ordinances, or regulations. 29
78	83		(2) Fraud. 30
79	84		(3) Misappropriation of State, city, or county resources. 31
80	85		(4) Activity that poses a substantial danger to public health and safety. 32
81	86		(5) Gross mismanagement, including the gross waste of public monies or the 33
82	87		gross abuse of authority. 34
83	88		(b) A justice officer that observes conduct the justice officer reasonably believes to be 35
84	89		conduct specified in subdivisions (1) through (5) of subsection (a) of this section shall, within a 36
85	90		reasonable period of time not to exceed 72 hours after the conduct occurred, report the conduct 37
86	91		to an immediate supervisor, department head, or appropriate authority, even if the justice officer 38
87	92		did not have a reasonable opportunity to intervene. If the immediate supervisor, department head, 39
88	93		or appropriate authority was involved in or present during the observed conduct, the justice 40
89	94		officer shall make the report to the highest ranking supervisor, department head, or appropriate 41
90	95		authority of the justice officer's agency that was not involved in or present during the conduct. 42
91	96		(c) A justice officer that makes a report pursuant to subsection (b) of this section shall 43
92	97		not be terminated, disciplined, or otherwise retaliated against for making that report. 44
93	98		(d) Nothing in this section shall prohibit agencies, supervisors, department heads, or 45
94	99		appropriate authorities from taking disciplinary action against a justice officer for any violation, 46
95	100		fraud, misappropriation, gross mismanagement, or other activity specified in subdivisions (1) 47
96	101		through (5) of subsection (a) of this section that occurred prior to the justice officer making a 48
97	102		report under subsection (b) of this section. 49
98	103		(e) Making a knowingly false report under this section shall be a Class 2 misdemeanor." 50 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 431-First Edition~~ Page 3
	104	+	DRS35065-NDa-40 Page 3
100	105		SECTION 3.(a) There is appropriated from the General Fund to the Department of 1
101	106		Justice the sum of fifty thousand dollars ($50,000) in nonrecurring funds for the 2025-2026 fiscal 2
102	107		year to be allocated to the Criminal Justice Education and Training Standards Commission to be 3
103	108		used to train criminal justice officers regarding the statutory changes made in this act. 4
104	109		SECTION 3.(b) There is appropriated from the General Fund to the Department of 5
105	110		Justice the sum of fifty thousand dollars ($50,000) in nonrecurring funds for the 2025-2026 fiscal 6
106	111		year to be allocated to the Sheriffs' Education and Training Standards Commission to be used to 7
107	112		train justice officers regarding the statutory changes made in this act. 8
108	113		SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 9
109	114		committed and retaliatory actions taken on or after that date. 10