Protect Whistleblower LEOs from Retaliation.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 431

Short Title: Protect Whistleblower LEOs from Retaliation. (Public)
Sponsors: Senators Grafstein, Bradley, and Everitt (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S431-v-1*
A BILL TO BE ENTITLED 1
AN ACT PROTECTING FROM RETALIATION LAW ENFORCEMENT OFFICERS THAT 2
REPORT THE USE OF EXCESSIVE FORCE OR OTHER IMPROPER OR UNLAWFUL 3
ACTIVITY AND APPROPRIATING FUNDS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 15A-401 reads as rewritten: 6
"§ 15A-401. Arrest by law-enforcement officer. 7
… 8
(d1) Duty to Intervene and Report Excessive Use of Force. – A law enforcement officer, 9
while in the line of duty, who observes another law enforcement officer use force against another 10
person that the observing officer reasonably believes exceeds the amount of force authorized by 11
subsection (d) of this section and who possesses a reasonable opportunity to intervene, shall, if 12
it is safe to do so, attempt to intervene to prevent the us e of excessive force. Additionally, the 13
observing officer shall, within a reasonable period of time not to exceed 72 hours thereafter, 14
report what the officer reasonably believes to be an unauthorized use of force to a superior law 15
enforcement officer within the agency of the observing officer, even if the observing officer did 16
not have a reasonable opportunity to intervene. If the head of the law enforcement agency of the 17
observing officer was involved or present during what the observing officer reasonably believes 18
to be unauthorized use of force, the observing officer shall make the report to the highest ranking 19
law enforcement officer of that officer's agency who was not involved in or present during the 20
use of force. 21
Making a knowingly false report under this subsection shall be a Class 2 misdemeanor. 22
(d2) Protection from Retaliation. – The observing officer report ing an alleged 23
unauthorized use of force pursuant to subsection (d1) of this section shall not be terminated, 24
disciplined, or otherwise retali ated against for making that report, provided that n othing in this 25
subsection shall prohibit councils, supervisors, department heads, or other appropriate authorities 26
from taking disciplinary action against the observing officer for conduct that occurred prior to 27
making the report. 28
…." 29
SECTION 2.(a) Article 1 of Chapter 17C of the General Statutes is amended by 30
adding a new section to read: 31
"§ 17C-17. Duty to intervene and report certain conduct; protection from retaliation. 32
(a) A criminal justice officer, while in the line of duty, that observes any of the following 33
conduct and possesses a reasonable opportunity to intervene shall, if it is safe to do so, attempt 34
to intervene to prevent the continuation of the conduct: 35
(1) Violations of federal, State, city, or county laws, ordinances, or regulations. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 431-First Edition
(2) Fraud. 1
(3) Misappropriation of State, city, or county resources. 2
(4) Activity that poses a substantial danger to public health and safety. 3
(5) Gross mismanagement, including the gr oss waste of public monies or the 4
gross abuse of authority. 5
(b) A criminal justice officer that observes conduct the criminal justice officer reasonably 6
believes to be conduct specified in subdivisions (1) through (5) of subsection (a) of this section 7
shall, within a reasonable period of time not to exceed 72 hours after the conduct occurred, report 8
the conduct to an immediate supervisor, department head, or appropriate authority, even if the 9
criminal justice officer did not have a reasonable opportunit y to intervene. If the immediate 10
supervisor, department head, or appropriate authority was involved in or present during the 11
observed conduct, the criminal justice officer shall make the report to the highest ranking 12
supervisor, department head, or appropriate authority of the criminal justice officer's agency that 13
was not involved in or present during the conduct. 14
(c) A criminal justice officer that makes a report pursuant to subsection (b) of this section 15
shall not be terminated, disciplined, or otherwise retaliated against for making that report. 16
(d) Nothing in this section shall prohibit agencies, supervisors, department heads, or 17
appropriate authorities from taking disciplinary action against a criminal justice officer for a ny 18
violation, fraud, misappropriation, gross mismanagement , or other activity specified in 19
subdivisions (1) through (5) of subsection (a) of this section that occurred prior to the criminal 20
justice officer making a report under subsection (b) of this section. 21
(e) Making a knowingly false report under this section shall be a Class 2 misdemeanor." 22
SECTION 2.(b) Article 2 of Chapter 17E of the General Statutes is amended by 23
adding a new section to read: 24
"§ 17E-17. Duty to intervene and report certain conduct; protection from retaliation. 25
(a) A justice officer, while in the line of duty, that observes any of the following conduct 26
and possesses a reasonable opportunity to intervene shall, if it is safe to do so, attempt to intervene 27
to prevent the continuation of the conduct: 28
(1) Violations of federal, State, city, or county laws, ordinances, or regulations. 29
(2) Fraud. 30
(3) Misappropriation of State, city, or county resources. 31
(4) Activity that poses a substantial danger to public health and safety. 32
(5) Gross mismanagement, including the gross waste of public monies or the 33
gross abuse of authority. 34
(b) A justice officer that observes conduct the justice officer reasonably believes to be 35
conduct specified in subdivisions (1) through (5) of subsection (a) of this section shall, within a 36
reasonable period of time not to exceed 72 hours after the conduct occurred, report the conduct 37
to an immediate supervisor, department head, or appropriate authority, even if the justice officer 38
did not have a reasonable opportunity to intervene. If the immediate supervisor, department head, 39
or appropriate authority was involved in or present during the observed conduct, the justice 40
officer shall make the report to the highest ranking su pervisor, department head, or appropriate 41
authority of the justice officer's agency that was not involved in or present during the conduct. 42
(c) A justice officer that makes a report pursuant to subsection (b) of this section shall 43
not be terminated, disciplined, or otherwise retaliated against for making that report. 44
(d) Nothing in this section shall prohibit agencies, supervisors, department heads, or 45
appropriate authorities from taking disciplinary action against a justice officer for any violation, 46
fraud, misappropriation, gross mismanagement, or other activity specified in subdivisions (1) 47
through (5) of subsection (a) of this section that occurred prior to the justice officer making a 48
report under subsection (b) of this section. 49
(e) Making a knowingly false report under this section shall be a Class 2 misdemeanor." 50
General Assembly Of North Carolina Session 2025
Senate Bill 431-First Edition Page 3
SECTION 3.(a) There is appropriated from the General Fund to the Department of 1
Justice the sum of fifty thousand dollars ($50,000) in nonrecurring funds for the 2025-2026 fiscal 2
year to be allocated to the Criminal Justice Education and Training Standards Commission to be 3
used to train criminal justice officers regarding the statutory changes made in this act. 4
SECTION 3.(b) There is appropriated from the General Fund to the Department of 5
Justice the sum of fifty thousand dollars ($50,000) in nonrecurring funds for the 2025-2026 fiscal 6
year to be allocated to the Sheriffs' Education and Training Standards Commission to be used to 7
train justice officers regarding the statutory changes made in this act. 8
SECTION 4. This act becomes effective December 1, 2025, and applies to offenses 9
committed and retaliatory actions taken on or after that date. 10