GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

SESSION LAW 2007-129

HOUSE BILL 1617

AN ACT to require investigations of the use of DEADLY force by law enforcement officers under certain circumstances.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 8 of Chapter 147 of the General Statutes is amended by adding a new section to read:

"§ 147-90.  Investigations of uses of deadly force.

In every instance in which a private citizen is killed as a result of the use of a firearm by a law enforcement officer in the line of duty, the district attorney in the prosecutorial district in which the death occurred shall, upon the request of the surviving spouse or next of kin of the private citizen within 180 days of the death, request the State Bureau of Investigation to conduct an investigation into the incident. For purposes of this section, the term "next of kin" includes only the child, father, mother, sister, or brother of the private citizen.

Statements prepared by or on behalf of a district attorney pursuant to this section are not public records as defined by G.S. 132-1 and may be released by the district attorney only as provided by G.S. 132-1.4 or other applicable law."

SECTION 2.  This act becomes effective October 1, 2007, and applies to acts occurring on or after that date.

In the General Assembly read three times and ratified this the 21^st day of June, 2007.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 5:59 p.m. this 27^th day of June, 2007