GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                   3

HOUSE BILL 595

Second Edition Engrossed 4/16/15

Senate Judiciary II Committee Substitute Adopted 5/14/15

 

Short Title:        Military Experience/LEO Cert. Requirements.		(Public)
Sponsors:
Referred to:

April 9, 2015

A BILL TO BE ENTITLED

AN ACT to recognize experience as military police officers for purposes of law enforcement certification and to increase the size of the North Carolina Criminal Justice Education and Training Standards Commission.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 17C of the General Statutes is amended by adding a new section to read:

"§ 17C‑10.1.  Certification of military service members and veterans with law enforcement training and experience.

(a)        Notwithstanding any other provision of law, the Commission shall waive an applicant's completion of the Commission‑accredited training course and issue probationary certification to a current or honorably discharged former military police officer provided the Commission, upon evaluating the individual applicant's training and experience pursuant to G.S. 93B‑15.1(a), determines that the applicant's combined training and experience is substantially equivalent to or exceeds the minimum expectations for employment as a law enforcement officer and the applicant satisfies all of the following conditions:

(1)        Successfully completed a military police training program and been awarded a military police occupational specialty rating.

(2)        Performed military police officer duties in any of the branches of military service, active or reserve, or the National Guard for not less than two of the five years preceding the date of the application for certification as a law enforcement officer.

(3)        Meets the minimum standards for law enforcement officers as set out in 12 NCAC 9B .0101 and 12 NCAC 9B .0111.

(b)        An applicant certified pursuant to subsection (a) of this section must successfully complete the employing agency's in‑service firearms training and qualification program prior to employment and shall serve a one‑year period of probation. During the one‑year period of probation, the applicant must successfully complete the Legal Unit and 24 hours of training in the service of civil process in a Commission‑accredited Basic Law Enforcement Training Course and successfully pass the State Comprehensive Examination in its entirety.

(c)        The Commission shall issue certification to a current or honorably discharged former military police officer whose combined training and experience is not substantially equivalent to or does not exceed the minimum expectations for employment as a law enforcement officer if the applicant meets all of the following requirements:

(1)        Successfully completed a formal military basic training program and been awarded a military police occupational specialty rating.

(2)        Engaged in the active practice of military police officer duties in any of the branches of military service, active or reserve, or the National Guard for not less than two of the five years preceding the date of the application for certification as a law enforcement officer.

(3)        Meets the minimum standards for law enforcement officers as set out in 12 NCAC 9B .0101 and 12 NCAC 9B .0111.

(4)        Successfully completes the Legal Unit and 24 hours of training in the service of civil process in a Commission‑accredited Basic Law Enforcement Training Course.

(5)        Successfully completes any supplementary high‑liability training as deemed necessary by the Commission, not to exceed an additional 180 hours.

(6)        Obtains a passing grade on the State Comprehensive Basic Law Enforcement Training (BLET) Exam.

(d)        Members of the Air/Army National Guard and Military Reserve Components who have performed as a military police officer for not less than 1,040 hours during the five years preceding the date of application shall be deemed to satisfy the requirements of subdivision (2) of subsection (a) and subdivision (2) of subsection (c) of this section.

(e)        An applicant who, after completing the required training in subsection (a) or (c) of this section, fails to obtain a passing score on not more than two of the units of the comprehensive exam may be retested in the units the applicant failed. An applicant who fails three or more of the units must enroll in and successfully complete a subsequent offering of the Basic Law Enforcement Training Course in its entirety in order to be eligible to be certified.

(f)         An active duty military police officer who obtains certification under this section may retain the certification for the duration of active duty provided the officer continues to serve in a military police capacity and complies with any in‑service training requirements as may be required by the Commission. An active duty member who is unable to complete annual in‑service requirements due to deployment or overseas assignment shall have 12 months from the time the officer returns to the United States in which to complete any required in‑service training. The officer shall retain the certification for a period of one year following separation from active duty.

(g)        As used in this section, the following terms mean:

(1)        Branches of military service. – The United States Armed Forces: Air Force; Army; Marine; Navy; active, reserve, Air/Army National Guard components; and the Coast Guard.

(2)        Combined training. – Basic military training, basic military police training, in‑service or advanced military police training and, any other military training courses that may be applicable to the performance of law enforcement duties.

(3)        Military police. – All law enforcement occupational classifications in the various branches of the Armed Forces, including Military Police Officer, Security Forces Specialist, Master‑at‑Arms, Maritime Enforcement Specialist, Boarding Officer, and Security forces.

(h)        The Commission shall adopt rules to implement the provisions of this section."

SECTION 2.  G.S. 17C‑3 reads as rewritten:

"§ 17C‑3.  North Carolina Criminal Justice Education and Training Standards Commission established; members; terms; vacancies.

(a)        There is established the North Carolina Criminal Justice Education and Training Standards Commission, hereinafter called "the Commission." The Commission shall be composed of 31 34 members as follows:

(1)        Police Chiefs. – Three police chiefs selected by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor.

(2)        Police Officers. – Three police officials appointed by the North Carolina Police Executives Association and two criminal justice officers certified by the Commission as selected by the North Carolina Law‑Enforcement Officers' Association.

(3)        Departments. – The Attorney General of the State of North Carolina; the Secretary of Public Safety; the Director of the State Bureau of Investigation, the Commander of the State Highway Patrol, and the President of the North Carolina Community Colleges System.

(3a)      Repealed by Session Laws 2001‑490, s. 1.2, effective June 30, 2001.

(4)        At‑large Groups. – One individual representing and appointed by each of the following organizations: one mayor selected by the League of Municipalities; one law‑enforcement training officer selected by the North Carolina Law‑Enforcement Training Officers' Association; one criminal justice professional selected by the North Carolina Criminal Justice Association; one sworn law‑enforcement officer selected by the North State Law‑Enforcement Officers' Association; one member selected by the North Carolina Law‑Enforcement Women's Association; and one District Attorney selected by the North Carolina Association of District Attorneys.

(5)        Citizens and Others. – The President of The University of North Carolina; the Dean of the School of Government at the University of North Carolina at Chapel Hill; and two citizens, one of whom shall be selected by the Governor and one of whom shall be selected by the Attorney General. The General Assembly shall appoint four persons, two upon the recommendation of the Speaker of the House of Representatives and two upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120‑122. Appointments by the General Assembly shall be for two‑year terms to conclude on June 30th in odd‑numbered years.

(6)        Correctional Officers. – Adult Correction and Juvenile Justice. – Four correctional officers in management positions employed by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall be appointed, two from the Section of Community Corrections of the Division of Adult Correction upon the recommendation of the Speaker of the House of Representatives and two from the Section of Prisons of the Division of Adult Correction upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120‑122. Appointments by the General Assembly shall serve two‑year terms to conclude on June 30th in odd‑numbered years. years or until the appointee no longer serves in a management position with the Division of Adult Correction, whichever occurs first. The Governor shall appoint one correctional officer employed by the Division of Adult Correction of the Department of Public Safety and assigned to the Office of Staff Development and Training. Training, and one juvenile justice officer employed by the Section of Juvenile Justice. The Governor's appointment appointments shall serve a three‑year term.terms or until the appointee is no longer assigned to the Office of Staff Development and Training or is no longer a juvenile justice officer, whichever occurs first.

(b)        The members shall be appointed for staggered terms. The initial appointments shall be made prior to September 1, 1983, and the appointees shall hold office until July 1 of the year in which their respective terms expire and until their successors are appointed and qualified as provided hereafter:

For the terms of one year: one member from subdivision (1) of subsection (a) of this section, serving as a police chief; three members from subdivision (2) of subsection (a) of this section, one serving as a police official, and two criminal justice officers; one member from subdivision (4) of subsection (a) of this section, appointed by the North Carolina Law‑Enforcement Training Officers' Association; and two members from subdivision (5) of subsection (a) of this section, one appointed by the Governor and one appointed by the Attorney General.

For the terms of two years: one member from subdivision (1) of subsection (a) of this section, serving as a police chief; one member from subdivision (2) of subsection (a) of this section, serving as a police official; and two members from subdivision (4) of subsection (a) of this section, one appointed by the League of Municipalities and one appointed by the North Carolina Association of District Attorneys.

For the terms of three years: two members from subdivision (1) of subsection (a) of this section, one police chief appointed by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor; one member from subdivision (2) of subsection (a) of this section, serving as a police official; and three members from subdivision (4) of subsection (a) of this section, one appointed by the North Carolina Law‑Enforcement Women's Association, one appointed by the North Carolina Criminal Justice Association, and one appointed by the North State Law‑Enforcement Officers' Association.

Thereafter, as the term of each member expires, his successor shall be appointed for a term of three years. Notwithstanding the appointments for a term of years, each member shall serve at the will of the appointing authority.

The Attorney General, the President of The University of North Carolina, the Dean of the School of Government at the University of North Carolina at Chapel Hill, the President of the North Carolina Community Colleges System, the Director of the State Bureau of Investigation, the Commander of the State Highway Patrol, and the Secretary of Public Safety shall be continuing members of the Commission during their tenure. These members of the Commission shall serve ex officio and shall perform their duties on the Commission in addition to the other duties of their offices. The ex officio members may elect to serve personally at any or all meetings of the Commission or may designate, in writing, one member of their respective office, department, university or agency to represent and vote for them on the Commission at all meetings the ex officio members are unable to attend.

Vacancies in the Commission occurring for any reason shall be filled, for the unexpired term, by the authority making the original appointment of the person causing the vacancy. A vacancy may be created by removal of a Commission member by majority vote of the Commission for misconduct, incompetence, or neglect of duty. A Commission member may be removed only pursuant to a hearing, after notice, at which the member subject to removal has an opportunity to be heard."

SECTION 3.  This act is effective when it becomes law.