North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S454 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 454
	3	+	S D
	4	+	SENATE BILL DRS45137-NDa-95
	5	+
5	6
6	7
7	8		Short Title: Community Safety Act. (Public)
8	9		Sponsors: Senators Everitt, Grafstein, and Bradley (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 25, 2025~~
11		-	~~S454 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45137 -NDa-95
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO STRENGTHEN POLICIES AND STANDARDS SURROUNDING LAW 2
14	15		ENFORCEMENT OFFICERS AND TO APPROPRIATE FUNDS . 3
15	16		The General Assembly of North Carolina enacts: 4
16	17		5
17	18		PART I. DIRECT THE DEPARTMENT OF JUSTICE TO ASSIST LAW 6
18	19		ENFORCEMENT AGENCIES IN APPLYING FOR GRANT FUNDS AND FUND 7
19	20		POSITIONS TO MEET THE REQUIREMENTS OF THIS PART 8
20	21		SECTION 1.1. The Department of Justice shall provide assistance to law 9
21	22		enforcement agencies seeking grant funds, including, but not limited to, the following: 10
22	23		(1) Alerting law enforcement agencies to available grant funds. 11
23	24		(2) Assisting law enforcement agencies with drafting and submitting grant 12
24	25		proposals and applications. 13
25	26		SECTION 1.2. There is appropriated from the General Fund to the Department of 14
26	27		Justice one million dollars ($1,000,000) in recurring funds for the 2025-2026 fiscal year to be 15
27	28		used to hire grant writers to assist law enforcement agencies pursuant to the requirements of 16
28	29		Section 1.1 of this Part. 17
29	30		SECTION 1.3. This Part becomes effective July 1, 2025. 18
30	31		19
31	32		PART II. SUPPORT COMMUNITY POLICING PROGRAMS 20
32	33		SECTION 2.1. There is appropriated from the General Fund to the Department of 21
33	34		Justice the sum of one million dollars ($1,000,000) in recurring funds for the 2025-2026 fiscal 22
34	35		year to be used to award grants to law enforcement agencies for initiatives supporting community 23
35	36		policing. 24
36	37		SECTION 2.2. This Part becomes effective July 1, 2025. 25
37	38		26
38	39		PART III. CREATE INCENTIVES FOR LAW ENFORCEMENT OFFICERS AND 27
39	40		AGENCIES 28
40	41		SECTION 3.1. There is appropriated from the General Fund to the Department of 29
41	42		Justice the sum of one million five hundred thousand dollars ($1,500,000) in recurring funds for 30
42	43		the 2025-2026 fiscal year to be used to provide the following types of grants: 31
43	44		(1) Grants provided to law enforcement agencies to be awarded to law 32
44	45		enforcement officers exhibiting exemplary service, as established by the 33
45	46		Department of Justice. 34
46	47		(2) Grants awarded to law enforcement agencies for meeting racial or gender 35
47		-	diversity benchmarks, as established by the Department of Justice. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 454-First Edition
	48	+	diversity benchmarks, as established by the Department of Justice. 36
	49	+	FILED SENATE
	50	+	Mar 24, 2025
	51	+	S.B. 454
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS45137-NDa-95
49	54		SECTION 3.2. No grant awarded pursuant to this Part shall exceed ten thousand 1
50	55		dollars ($10,000). 2
51	56		SECTION 3.3. This Part becomes effective July 1, 2025. 3
52	57		4
53	58		PART IV. REVISE POLICE USE OF FORCE POLICIES 5
54	59		SECTION 4.1. G.S. 15A-401(d) reads as rewritten: 6
55	60		"(d) Use of Force in Arrest. – 7
56	61		… 8
57	62		(2) A law-enforcement officer is justified in using deadly physical force upon 9
58	63		another person for a purpose specified in subdivision (1) of this subsection 10
59	64		only when it is or appears to be reasonably necessary thereby: 11
60	65		… 12
61	66		Strangleholds, lateral vascular neck restraints, carotid restraints, or any other 13
62	67		tactics that restrict oxygen or blood flow to the head or neck shall be 14
63	68		considered the use of deadly force under this subdivision. 15
64	69		Nothing in this subdivision constitutes justification for willful, malicious or 16
65	70		criminally negligent conduct by any person which injures or endangers any 17
66	71		person or property, nor shall it be construed to excuse or justify the use of 18
67	72		unreasonable or excessive force. 19
68	73		(3) Under all circumstances in which a law-enforcement officer uses force of any 20
69	74		kind, a law-enforcement officer shall use the minimum amount of force 21
70	75		reasonably necessary to accomplish the law-enforcement action and shall 22
71	76		attempt to utilize de-escalation tactics when possible." 23
72	77		SECTION 4.2. The Attorney General, in consultation with the North Carolina 24
73	78		Sheriffs' Association and the North Carolina Association of Chiefs of Police, shall develop 25
74	79		uniform use of force policies that may be adopted by all law enforcement agencies in the State. 26
75	80		These policies shall be submitted to the Joint Legislative Oversight Committee on Justice and 27
76	81		Public Safety no later than December 1, 2025, shall be published on the Department of Justice 28
77	82		website, and shall be distributed in digital format by the Attorney General to all law enforcement 29
78	83		agencies in the State. 30
79	84		SECTION 4.3. Section 4.1 of this Part becomes effective October 1, 2025, and 31
80	85		applies to actions taken on or after that date. The remainder of this Part is effective when it 32
81	86		becomes law. 33
82	87		34
83	88		PART V. ESTABLISH MINIMUM STANDARDS FOR THE HIRING AND TRAINING 35
84	89		OF LAW ENFORCEMENT OFFICERS 36
85	90		SECTION 5.1. G.S. 17C-6(a) reads as rewritten: 37
86	91		"(a) In addition to powers conferred upon the Commission elsewhere in this Article, the 38
87	92		Commission shall have the following powers, which shall be enforceable through its rules and 39
88	93		regulations, certification procedures, or the provisions of G.S. 17C-10: 40
89	94		… 41
90	95		(2a) Establish the minimum age requirement that shall be met in order to qualify 42
91	96		for entry level employment as a criminal justice officer in temporary or 43
92	97		probationary status or in a permanent position, which shall not be less than 21 44
93	98		years of age. 45
94	99		…." 46
95	100		SECTION 5.2. G.S. 17C-13(b) reads as rewritten: 47
96	101		"(b) Notwithstanding G.S. 15A-145.4 or G.S. 15A-145.5, the Commission may gain 48
97	102		access to a person's misdemeanor and felony conviction records, including those maintained by 49
98	103		the Administrative Office of the Courts in its confidential files containing the names of persons 50
99	104		granted expunctions. The Commission may deny, suspend, or revoke a person's certification 51 General Assembly Of North Carolina Session 2025
100		-	~~Senate Bill 454-First Edition~~ Page 3
	105	+	DRS45137-NDa-95 Page 3
101	106		based solely on that person's felony conviction, conviction or the conviction of four or more 1
102	107		misdemeanors, whether or not that conviction was the convictions were expunged, unless the 2
103	108		conviction was convictions were expunged pursuant to G.S. 15A-145.4 or G.S. 15A-145.8A." 3
104	109		SECTION 5.3. G.S. 17E-4(a) reads as rewritten: 4
105	110		"(a) The Commission shall have the following powers, duties, and responsibilities, which 5
106	111		are enforceable through its rules and regulations, certification procedures, or the provisions of 6
107	112		G.S. 17E-8 and G.S. 17E-9: 7
108	113		… 8
109	114		(2a) Establish the minimum age requirement that shall be met in order to qualify 9
110	115		for entry level employment as an officer in temporary or probationary status 10
111	116		or in a permanent position, which shall not be less than 21 years of age. 11
112	117		… 12
113	118		The Commission may certify, and no additional certification shall be required from it, programs, 13
114	119		courses and teachers certified by the North Carolina Criminal Justice Education and Training 14
115	120		Standards Commission. Where the Commission determines that a program, course, instructor or 15
116	121		teacher is required for an area which is unique to the office of sheriff, the Commission may certify 16
117	122		such program, course, instructor, or teacher under such standards and procedures as it may 17
118	123		establish." 18
119	124		SECTION 5.4. G.S. 17E-12(b) reads as rewritten: 19
120	125		"(b) Notwithstanding G.S. 15A-145.4 or G.S. 15A-145.5, the Commission may gain 20
121	126		access to a person's misdemeanor and felony conviction records, including those maintained by 21
122	127		the Administrative Office of the Courts in its confidential files containing the names of persons 22
123	128		granted expunctions. The Commission may deny, suspend, or revoke a person's certification 23
124	129		based solely on that person's felony conviction, conviction or the conviction of four or more 24
125	130		misdemeanors, whether or not that conviction was the convictions were expunged, unless the 25
126	131		conviction was convictions were expunged pursuant to G.S. 15A-145.4 or G.S. 15A-145.8A." 26
127	132		SECTION 5.5. Sections 5.1 and 5.3 of this Part become effective January 1, 2026, 27
128	133		and apply to officers hired or employed on or after that date. Sections 5.2 and 5.4 of this Part 28
129	134		become effective January 1, 2026, and apply to (i) officers hired on or after that date and (ii) 29
130	135		officers employed on or after that date that are convicted of a felony or misdemeanor on or after 30
131	136		that date. The remainder of this Part is effective when it becomes law. 31
132	137		32
133	138		PART VI. FUND ADDITIONAL DETECTIVES OR INVESTIGATIVE OFFICERS TO 33
134	139		INVESTIGATE THE SEVERE CRIMES 34
135	140		SECTION 6.1. There is appropriated from the General Fund to the Department of 35
136	141		Justice the sum of two million dollars ($2,000,000) in recurring funds for the 2025-2026 fiscal 36
137	142		year to be used to provide grants to law enforcement agencies to temporarily provide partial or 37
138	143		total funding for detective or other investigative law enforcement positions in order to aid in the 38
139	144		investigation of person crimes that would constitute a charge of a Class D felony or higher. 39
140	145		SECTION 6.2. This Part becomes effective July 1, 2025. 40
141	146		41
142	147		PART VII. SEVERABILITY CLAUSE AND EFFECTIVE DATE 42
143	148		SECTION 7.1. If any Part, section, or provision of this act is declared 43
144	149		unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or 44
145	150		any portion other than the portion declared to be unconstitutional or invalid. 45
146	151		SECTION 7.2. Except as otherwise provided, this act is effective when it becomes 46
147	152		law. 47