Agenda - 08-30-2007-4 - Laserfiche WebLink

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The North Carolilza League of Municipalities Page 12 of 16 Public Safety Court System-The state budget, HB 1473 (SL 2007-323), includes funding for 58 assistant district attorneys, 14 investigators, 80 victim witness legal assistants, 297 deputy clerks, 42 magistrates, 9 district court judges, 2 special superior court judges, and additional judicial support staff. Funds are also provided to continue technology modernization and to replace expiring federal grants to support drug treatment court positions. Emergency Response-HB 767-ATt~UseforErzzergezzcies authorizes law enforcement officers and fire, rescue, and emergency medical services personnel throughout the state to use motorized all-terrain vehicles on some public highways while acting in the course and scope of their duties. The person operating the ATV must observe posted speed limits and carry official identification or a badge, and the ATV itself must be equipped with operable front and rear lights and a horn. The bill also allows other employees of certain named municipalities and counties to operate ATVs, repealing existing local acts on the subject. The provisions become effective October 1, 2007 HB 1321- Weight acrd Size Exerrzptiorz for Fire Response (SL 2007-290) provides a weight and size exception to federal, state and local agencies transporting overweight and oversized vehicles to respond to forest fires, wildfires, and other emergencies or disasters. It further authorizes DOT to issue an annual or single trip permit for oversize and overweight commercial vehicles used in emergency response and a special single trip permit for oversize or. overweight vehicles or vehicle combinations responding to an emergency event. Hazardous Materials-The General Assembly enacted additional regulations on commercial facilities that store hazardous waste, based on recommendations of a task force appointed by the Governor after a chemical warehouse fire in Apex resulted in evacuation of surrounding residential areas. HB 36 - Haz. Materials Task Force Recouurzendatioas (SL 2007-107) requires more frequent inspections of facilities that store hazardous materials. Such facilities would be required to provide information about the types of chemicals in storage, consult with local governments about emergency response plans, provide financial assurance for cleanup should a release occur, do additional monitoring, and provide notification to nearby property owners. Our thanks to Rep. Jennifer Weiss for her work on this bill. Missing Persons-A bill to establish a "Silver Alert" system for individuals with dementia (similar to the "Amber Alert" for missing children) contains a provision prohibiting law enforcement agencies from establishing or maintaining a policy that requires a waiting period before accepting a missing person report. See HB 38 -Silver Alert Systeur/Missieg Persons Alert. Park Safe Zones-Effective December 1, 2007, SB 8 -Expand Safe Zozzes/Sebools, Parks, Cbild Cezzters (SL 2007-375) increases the "safe zones" near child care centers and school grounds regarding illegal drug sales from 300 to 1,000 feet of the property line. It expands the "safe zone" for public parks to include all public parks, not just those with playgrounds, and increases the distance of those safe zones from 300 to 1,000 feet. Police Procedures-A number of bills this session affected law enforcement procedures. SB 1211- Require Fisgerpritttiag for DWUDWLR (SL 2007-370) requires police to fingerprint and photograph anyone charged with impaired driving or driving while license revolted if the revocation was for impaired driving, if the person cannot be identified by a valid form of identification. A provision of HB 454 - Iderztity Tlieft authorizes photographs to be taken of a person who operates a motor vehicle on a street or highway if the person is cited by a law enforcement officer for a motor vehicle moving violation, the person does not produce a valid drivers license upon request, and the officer has a reasonable suspicion concerning the true identity of the person. The bill specifies how and where photos can be taken and how long they may be retained. HB 1500 -DNA EviderzcelPreserve & Access by Deferzdarrt requires police to preserve any physical evidence that is reasonably likely to contain any biological evidence collected in the course of a criminal investigation or prosecution. Evidence must be preserved in a manner reasonably calculated to prevent contamination or degradation of any biological evidence that might be present, subject to a continuous chain of custody, and securely retained with sufficient official documentation to locate the evidence. The legislation specifies how long evidence must be kept. HB 1625 Eyezvitizess ID Reforrrz Act specifies procedures that must be followed for conducting both live and photo lineups of suspects. HB 1626 - Enharzee Reliability of Interrogations requires police officers conducting a custodial interrogation in a homicide investigation to make an electronic recording of the entire interrogation. HB 1617-Ievestigatiorzs of Deadly Force (SL 2007-129) provides that anytime a private citizen is killed by a police officer's use of a firearm in the line of duty, the district attorney must, upon request of the citizen's spouse or family, request an SBI investigation of the incident. HB 1330 - Exe»:pt Larv Erzforcen:er:t Frouz Baclrseat Belts (SL 2007-289) exempts persons in the custody of a police officer and being transported in the baclcseat of the law enforcement vehicle from seatbelt requirements. SB 806 - Iizcrease Hold For Iterr:s By Parvrzbro/rer (SL 2007-415) allows the designee of the chief of police to inspect and pickup pawnbroker records and allows for electronic reporting by fax or online if authorized by the chief. http://www.nchn.org/LegalBulletin/2007/08-24-07.htm 8/28/2007