A BILL TO BE ENTITLED
AN ACT to prohibit the intentional disclosure of the identity of undercover law enforcement officers and informants.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 30 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑226.3.  Disclosure of identity of undercover law enforcement officer or informant.
(a)	It is unlawful for any person who has knowledge of the identity of an undercover law enforcement officer to intentionally disclose any information identifying that officer to another person, knowing that the information identifies the officer and knowing that a law enforcement agency is taking affirmative measures to conceal that officer's identity as an undercover officer. Violation of this subsection is a Class I felony.
(b)	It is unlawful for any person who has knowledge of the identity of a law enforcement informant to intentionally disclose any information identifying that informant to another person, knowing that the information identifies the informant and knowing that a law enforcement agency is taking affirmative measures to conceal that informant's activities. Violation of this subsection is a Class I felony.
(c)	This section does not apply to disclosures made during discovery proceedings in a legal action or as otherwise ordered by a court of law."
SECTION 2.  G.S. 153A‑98(c1) reads as rewritten:
"(c1)	Even if considered part of an employee's personnel file, information that might identify an undercover law enforcement officer or a law enforcement informant shall not be disclosed to any person, and the following information need not be disclosed to an employee nor to any other person:
(1)	Testing or examination material used solely to determine individual qualifications for appointment, employment, or promotion in the county's service, when disclosure would compromise the objectivity or the fairness of the testing or examination process.
(2)	Investigative reports or memoranda and other information concerning the investigation of possible criminal actions of an employee, until the investigation is completed and no criminal action taken, or until the criminal action is concluded.
	(4)	Notes, preliminary drafts and internal communications concerning an employee. In the event such materials are used for any official personnel decision, then the employee or his duly authorized agent shall have a right to inspect such materials."
SECTION 3.  G.S. 160A‑168(c1) reads as rewritten:
"(c1)	Even if considered part of an employee's personnel file, information that might identify an undercover law enforcement officer or a law enforcement informant shall not be disclosed to any person, and the following information need not be disclosed to an employee nor to any other person:
(1)	Testing or examination material used solely to determine individual qualifications for appointment, employment, or promotion in the city's service, when disclosure would compromise the objectivity or the fairness of the testing or examination process.
(2)	Investigative reports or memoranda and other information concerning the investigation of possible criminal actions of an employee, until the investigation is completed and no criminal action taken, or until the criminal action is concluded.
	(4)	Notes, preliminary drafts and internal communications concerning an employee. In the event such materials are used for any official personnel decision, then the employee or his duly authorized agent shall have a right to inspect such materials."
SECTION 4.  This act becomes effective December 1, 2007, and applies to acts committed on or after that date.