A BILL TO BE ENTITLED
AN ACT to enhance prison security, as recommended by the joint legislative oversight committee on justice and public safety.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 33 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑254.5.  Definitions.
The following definitions apply in this Article:
(1)	Employee. – Any person who is hired or contracted to work for the State or a local government.
(2)	Prisoner. – Any person in the custody of (i) the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, (ii) any law enforcement officer, or (iii) any local confinement facility as defined in G.S. 153A‑217 or G.S. 153A‑230.1, including persons pending trial, appellate review, or presentence diagnostic evaluation."
SECTION 1.2.  Article 33 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑258.7.  Annual reports of violations.
(a)	The Department of Public Safety and Juvenile Justice shall report the following to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 15 of each year:
(1)	The number of incidents of any violation of this Article, G.S. 14‑34.5(b), 14‑34.7(b), or 14‑34.7(c)(2) involving an employee or contractor of a detention facility operated by the State.
(2)	The nature of the resolution of every incident of any violation of this Article, G.S. 14‑34.5(b), 14‑34.7(b), or 14‑34.7(c)(2) involving an employee or contractor of a detention facility operated by the State.
(b)	The Conference of District Attorneys shall report the following to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 15 of each year:
(1)	The number of criminal charges pursuant to this Article, G.S. 14‑34.5(b), 14‑34.7(b), or 14‑34.7(c)(2) that resulted in trial.
(2)	The number of criminal charges pursuant to this Article, G.S. 14‑34.5(b), 14‑34.7(b), or 14‑34.7(c)(2) that were resolved by a plea to a lesser‑included offense.
(3)	The number of criminal charges pursuant to this Article, G.S. 14‑34.5(b), 14‑34.7(b), or 14‑34.7(c)(2) that were resolved by a voluntary dismissal or other discretionary action that effectively dismissed or reduced the original charge.
(b)	The Administrative Office of the Courts shall report the following to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by March 15 of each year:
(1)	The number of violations of this Article, G.S. 14‑34.5(b), 14‑34.7(b), and 14‑34.7(c)(2) charged.
(2)	The number of violations of this Article, G.S. 14‑34.5(b), 14‑34.7(b), and 14‑34.7(c)(2) that ended in a conviction.
(3)	The number of violations of this Article, G.S. 14‑34.5(b), 14‑34.7(b), and 14‑34.7(c)(2) that were dismissed."
SECTION 2.  G.S. 14‑258.4(a) reads as rewritten:
"§ 14‑258.4.  Malicious conduct by prisoner.
(a)	Any prisoner who knowingly and willfully (i) exposes genitalia to an employee; or (ii) throws, emits, or causes to be used as a projectile, any bodily fluids, excrement, or unknown substance at an employee, while the employee is in the performance of the employee's duties, is guilty of a Class F felony. The provisions of this section apply to violations committed inside or outside of the prison, jail, detention center, or other confinement facility."
SECTION 3.  G.S. 14‑258 reads as rewritten:
"§ 14‑258.  Providing forbidden articles or tools for escape; possessing tools for escape.

(a)	Providing Forbidden Articles or Tools for Escape. – Any person who sells, trades, conveys, or provides any of the following to a prisoner is guilty of a Class H felony:
(1)	An article forbidden by prison rules.
(2)	A letter, oral message, weapon, tool, good, clothing, device, or instrument, to effect an escape, or aide in an assault or insurrection.
(b)	Increased Penalty. – Any violation of subdivision (2) of subsection (a) of this section that does effect an escape, assault, or insurrection is a Class F felony.
(c)	Possessing Tools for Escape. – Any prisoner who possesses a letter, weapon, tool, good, article of clothing, device, or instrument to do any of the following is guilty of a Class H felony:
(1)	To effect an escape.
(2)	Aide in an assault or insurrection.
(d)	Application. – The provisions of this section apply to violations committed inside or outside of the prison, jail, detention center, or other confinement facility."
SECTION 4.  G.S. 143B‑919 reads as rewritten:
"§ 143B‑919.  Investigative services subject to call of Governor; investigative services without request; witness fees and mileage for employees.
(a)	The Bureau shall, upon request of the Governor, investigate and prepare evidence in the event of any lynching or mob violence in the State; shall investigate all cases arising from frauds in connection with elections when requested to do so by the Board of Elections, and when so directed by the Governor. Such investigation, however, shall not interfere with the power of the Attorney General to make such investigation as the Attorney General is authorized to make under the laws of the State. The Bureau is authorized further, at the request of the Governor, to investigate cases of frauds arising under the Social Security Laws of the State, of violations of the gaming laws, and lottery laws, and matters of similar kind when called upon by the Governor so to do. In all such cases it shall be the duty of the Department to keep such records as may be necessary and to prepare evidence in the cases investigated, for the use of enforcement officers and for the trial of causes. The services of employees of the Bureau may be required by the Governor in connection with the investigation of any crime committed anywhere in the State when called upon by the enforcement officers of the State, and when, in the judgment of the Governor, such services may be rendered with advantage to the enforcement of the criminal law. The State Bureau of Investigation is authorized to investigate, without request, the attempted arson of, or arson of, damage of, theft from, or theft of, or misuse of, any State‑owned personal property, buildings, or other real property; any assault upon or threats against any legislative officer named in G.S. 147‑2(1), (2), or (3), any executive officer named in G.S. 147‑3(c), or any court officer as defined in G.S. 14‑16.10(1); and any threat to the safety of any individual associated with an educational property as defined in G.S. 14‑269.2, or a place of worship as defined in G.S. 14‑54.1.
…."
SECTION 5.  Sections 1.2 and 4 of this act are effective when they become law. The remainder of this act becomes effective December 1, 2018, and applies to offenses committed on or after that date.