GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 948

Short Title:  Multiple Commissions/Campus Police.	(Public)

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Sponsors: Senator Gulley.

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Referred to:  Judiciary.

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April 17, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE MULTIPLE COMMISSIONING OF CAMPUS POLICE OFFICERS AND TO PROVIDE THAT THE PENALTIES FOR ASSAULT UPON LAW ENFORCEMENT OFFICERS APPLY TO ASSAULTS UPON CAMPUS POLICE OFFICERS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 74E-6 is amended by adding a new subsection to read:
"( d1)	Multiple Commissioning of Campus Police Officers. – A campus police agency certified under this Chapter may enter into an extended jurisdiction contract with any municipal or county law enforcement agency that has jurisdiction in all or part of any county in which the campus agency has property under its jurisdiction.  A campus police officer commissioned under this Chapter and employed by a campus police agency that is party to such an agreement may concurrently exercise the authority granted to the officer by this Chapter and the authority that accrues from being simultaneously commissioned as a law enforcement officer of the municipality or county.  A campus police officer so commissioned:
(1)	Shall in all respects meet the requirements of the applicable criminal justice standards commission in addition to those standards and procedures prescribed by the municipal or county law enforcement agency holding that commission;
(2)	May exercise all of the authority granted by that commission when on duty as a campus police officer and present within the territorial jurisdiction of a municipal or county agency in which the officer possesses a commission as a law enforcement officer;
(3)	May exercise the authority specified in subdivision (2) of this subsection while wearing or possessing the badge of the officer's employing campus police agency, operating a vehicle of that agency, or otherwise performing the officer's duties as a campus police officer, but while temporarily outside the officer's regular territorial jurisdiction; and
(4)	Is exempt from the prohibition against carrying concealed weapons while on or off duty as a campus police officer so long as the officer would otherwise be granted that privilege as a result of being a commissioned officer of a municipal or county law enforcement agency, and may possess a weapon on the officer's person at any time.
Nothing in this section prohibits a campus police officer from obtaining and maintaining a commission as a law enforcement officer with a municipal or county agency independent of the provisions of this subsection."
Section 2.  G.S. 14-34.5 reads as rewritten:
"§ 14-34.5.  Assault with a firearm on a law enforcement officer.
Any person who commits an assault with a firearm upon a law enforcement officer while the law enforcement officer is in the performance of his or her duties is guilty of a Class E felony. For purposes of this section, the term 'law enforcement officer' includes a campus police officer certified under Chapter 74E of the General Statutes."
Section 3.  G.S. 14-34.7 reads as rewritten:
"§ 14-34.7.  Assault on a law enforcement officer.
Unless covered under some other provision of law providing greater punishment, a person is guilty of a Class F felony if the person assaults a law enforcement officer while the law enforcement officer is discharging or attempting to discharge his or her official duties and inflicts serious bodily injury on the law enforcement officer.  For purposes of this section, the term 'law enforcement officer' includes a campus police officer certified under Chapter 74E of the General Statutes."
Section 4.  G.S. 14-33(c) reads as rewritten:
"(c)	Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she:
(1)	Inflicts serious injury upon another person or uses a deadly weapon;
(2)	Assaults a female, he being a male person at least 18 years of age;
(3)	Assaults a child under the age of 12 years;
(4)	Assaults an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties; 
(5)	Assaults a school bus driver, school bus monitor, or school employee who is boarding the school bus or who is on the school bus; or
(6)	Assaults a campus police officer certified under Chapter 74E of the General Statutes, when the officer is discharging or attempting to discharge the officer's official duties."
Section 5.  Sections 2, 3, and 4 of this act become effective December 1, 1997.  The remainder of this act is effective when it becomes law.