| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT MAKING PARTICIPANTS IN THE JANUARY SIXTH INSURRECTION 2 |
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| 14 | 15 | | INELIGIBLE FOR STATE GOVERNMENT EMPLOYMENT . 3 |
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| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 16 | 17 | | SECTION 1. Chapter 126 of the General Statutes is amended by adding a new 5 |
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| 17 | 18 | | Article to read: 6 |
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| 18 | 19 | | "Article 17. 7 |
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| 19 | 20 | | "Eligibility for State Government Employment. 8 |
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| 20 | 21 | | "§ 126-100. Definitions; findings; scope. 9 |
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| 21 | 22 | | (a) The following definitions apply in this Article: 10 |
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| 22 | 23 | | (1) Conviction. – Any judgment of conviction entered by a court, whether upon 11 |
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| 23 | 24 | | verdict, plea of guilty, or plea of nolo contendere. 12 |
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| 24 | 25 | | (2) Covered offense. – Means any: 13 |
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| 25 | 26 | | a. Federal offense relating to insurrection, rebellion, or domestic 14 |
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| 26 | 27 | | terrorism; 15 |
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| 27 | 28 | | b. Conviction under 18 U.S.C. § 1752 relating to restricted building or 16 |
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| 28 | 29 | | grounds violations; 17 |
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| 29 | 30 | | c. Conviction under 40 U.S.C. § 5104 relating to violent entry and 18 |
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| 30 | 31 | | disorderly conduct on Capitol grounds; and 19 |
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| 31 | 32 | | d. Any substantially similar offense under State law. 20 |
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| 32 | 33 | | (3) Infamous or disgraceful conduct. – Acts that demonstrate contempt for 21 |
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| 33 | 34 | | constitutional government, violence against democratic institutions, or 22 |
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| 34 | 35 | | conduct that brings disrepute to public service. 23 |
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| 35 | 36 | | (b) The General Assembly finds that: 24 |
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| 36 | 37 | | (1) The integrity of public service and safety of North Carolina citizens requires 25 |
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| 37 | 38 | | a State workforce that demonstrates loyalty to democratic principles and the 26 |
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| 38 | 39 | | rule of law; 27 |
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| 39 | 40 | | (2) Participation in acts to overthrow or disrupt constitutional government is 28 |
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| 40 | 41 | | fundamentally incompatible with public service; and 29 |
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| 41 | 42 | | (3) No person who has engaged in insurrection, rebellion, or related infamous or 30 |
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| 42 | 43 | | disgraceful conduct should serve in positions of public trust. 31 |
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| 43 | 44 | | (c) This Article applies to all State employees in the executive, legislative, and judicial 32 |
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| 44 | 45 | | branches of government, including The University of North Carolina System and the community 33 |
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| 45 | 46 | | colleges. 34 |
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| 46 | 47 | | "§ 126-101. Employment eligibility restrictions. 35 |
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| 49 | 54 | | (1) The person has been convicted of a covered offense related to the events of 1 |
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| 50 | 55 | | January 6, 2021, at the United States Capitol. 2 |
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| 51 | 56 | | (2) The person was pardoned for any or all of the person's actions involving the 3 |
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| 52 | 57 | | January 6 insurrection. 4 |
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| 53 | 58 | | (3) A federal or state court has found, after notice and opportunity for hearing, 5 |
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| 54 | 59 | | that the person engaged in insurrection or rebellion against the United States 6 |
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| 55 | 60 | | in violation of section 3 of the Fourteenth Amendment to the United States 7 |
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| 56 | 61 | | Constitution. 8 |
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| 57 | 62 | | (4) Clear and convincing evidence demonstrates the person engaged in infamous 9 |
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| 58 | 63 | | or disgraceful conduct through participation in efforts to disrupt the peaceful 10 |
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| 59 | 64 | | transfer of power, attack law enforcement, or undermine democratic 11 |
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| 60 | 65 | | institutions. 12 |
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| 61 | 66 | | (b) This section applies to all: 13 |
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| 62 | 67 | | (1) Hirings on or after July 1, 2025. 14 |
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| 63 | 68 | | (2) Current employees upon discovery of disqualifying conduct or conviction of 15 |
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| 64 | 69 | | a covered offense. 16 |
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| 65 | 70 | | (3) Contract employees employed by a contractor doing business with the State. 17 |
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| 66 | 71 | | "§ 126-102. Procedural requirements. 18 |
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| 67 | 72 | | (a) No person shall be terminated or denied employment under this Article without: 19 |
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| 68 | 73 | | (1) Written notice of the specific grounds for ineligibility; 20 |
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| 69 | 74 | | (2) Disclosure of evidence supporting the determination; 21 |
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| 70 | 75 | | (3) An opportunity to respond and present evidence; 22 |
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| 71 | 76 | | (4) A hearing before an impartial hearing officer if requested; and 23 |
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| 72 | 77 | | (5) A written decision stating the grounds for any action taken. 24 |
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| 73 | 78 | | (b) Any determination of infamous or disgraceful conduct must be supported by clear and 25 |
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| 74 | 79 | | convincing evidence. 26 |
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| 75 | 80 | | (c) Any person aggrieved by a final decision under this section may seek judicial review 27 |
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| 76 | 81 | | in superior court." 28 |
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| 77 | 82 | | SECTION 2. If any provision of this act or its application to any person is held 29 |
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| 78 | 83 | | invalid, the remainder of this act and the application of its provisions to other persons or 30 |
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| 79 | 84 | | circumstances shall not be affected. 31 |
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| 80 | 85 | | SECTION 3. This act becomes effective July 1, 2025, and applies to employment 32 |
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| 81 | 86 | | decisions made on or after that date. 33 |
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