GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 388
Short Title: Modernize Mutual Assistance Statutes. |
(Public) |
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Sponsors: |
Representatives McNeill, Faircloth, and Meyer (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
State and Local Government II |
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March 20, 2017
A BILL TO BE ENTITLED
AN ACT to create a presumption that allows one law enforcement agency to easily assist another law enforcement agency whenever necessary.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A‑288(a) reads as rewritten:
"§ 160A‑288. Cooperation between law‑enforcement agencies.
(a) In accordance with
rules, policies, or guidelinesUnless specifically prohibited or limited
by an ordinance officially adopted by the governing body of the city or
county by which hethe person is employed, and subject to any
conditions or restrictions included therein,appointed, or elected to
serve, the head of any law‑enforcement agency may temporarily provide
assistance to another agency in enforcing the laws of North Carolina if so
requested in writing by the head of the requesting agency. The assistance may
comprise allowing officers of the agency to work temporarily with officers of
the requesting agency (including in an undercover capacity) and lending
equipment and supplies. While working with the requesting agency under the
authority of this section, an officer shall have the same jurisdiction, powers,
rights, privileges and immunities (including those relating to the defense of
civil actions and payment of judgments) as the officers of the requesting
agency in addition to those hethe officer normally possesses.
While on duty with the requesting agency, hethe officer shall be
subject to the lawful operational commands of histhe officer's
superior officers in the requesting agency, but hethe officer
shall for personnel and administrative purposes, remain under the control of histhe
officer's own agency, including for purposes of pay. HeThe
officer shall furthermore be entitled to workers' compensation and the same
benefits when acting pursuant to this section to the same extent as though hethe
officer were functioning within the normal scope of histhe
officer's duties."
SECTION 2. G.S. 16A‑288.2(a) reads as rewritten:
"§ 160A‑288.2. Assistance to State law‑enforcement agencies.
(a) In accordance with rules, policies, or
guidelinesUnless specifically limited or prohibited by an ordinance
officially adopted by the governing body of the city or county by which hethe
person is employed, and subject to any conditions or restrictions
included therein,appointed, or elected to serve, the head of
any local law‑enforcement agency may temporarily provide assistance to a
State law‑enforcement agency in enforcing the laws of North Carolina if
so requested in writing by the head of the State agency. The assistance may
comprise allowing officers of the local agency to work temporarily with
officers of the State agency (including in an undercover capacity) and lending
equipment and supplies. While working with the State agency under the authority
of this section, an officer shall have the same jurisdiction, powers, rights,
privileges and immunities (including those relating to the defense of civil
actions and the payment of judgments) as the officers of the State agency in
addition to those hethe officer normally possesses. While on duty
with the State agency, hethe officer shall be subject to the
lawful operational commands of histhe officer's superior officers
in the State agency, but hethe officer shall for personnel and
administrative purposes, remain under the control of the local agency,
including for purposes of pay. HeThe officer shall furthermore be
entitled to workers' compensation and the same benefits when acting pursuant to
this section to the same extent as though hethe officer were
functioning within the normal scope of histhe officer's
duties."
SECTION 3. This act is effective when it becomes law.