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Walker, Wolff expand on new laws

Posted December 23, 2015 10:00 pm

By Pete Spitler Staff Writer

EDITOR'S NOTE: For a full listing of the synopsis of all 237 laws, see the Herald Tribune's website at www.randolphcountyheraldtribune.com.

The state legislature couldn't pass an overall budget in 2015, but the General Assembly certainly kept itself busy last year.

A total of 237 new laws take effect on Jan. 1, covering a variety of topics from hunting bobcats to gay conversion therapy to police body cameras and even the state pie.

"There's 237 of them," said Randolph County State's Attorney Jeremy Walker. "Our legislature must feel like they need to get paid by the bills that they passed instead of the quality of legislation."

Walker pointed to one new law, Senate Bill 1560, as one that could have a direct effect on his office.

SB 1560 amends the Juvenile Court Act of 1987 and would no longer allow juvenile misdemeanants to be sent to state juvenile prisons.

"As an adult, you can't go to prison unless it's a felony offense and now they're making that for juveniles," Walker said. "That right there is the worst law out of any of them. It really handcuffs prosecutors in taking a hammer out of your toolbox."

Proponents of the bill pointed to statistics that low-level juvenile offenders tend to graduate to more serious crimes after incarceration.

Theoretically, public safety could be improved by these same offenders being rehabilitated in their local communities rather than being imprisoned.

"In the grand scheme of things, it's really going to hurt us in juvenile cases," Walker said.

Another significant law deals with police body cameras. SB 1304, otherwise known as the "Police and Community Relations Improvement Act," established rules and regulations for the use of officer-worn body cameras and came with a package of police reforms.

"These are just guidelines," Walker said, referring to the officer-worn cameras. "It sets a uniform standard if a department goes to the body camera standards.

"I think it's the wave of the future, but there's some problems."

Walker noted that data storage concerns and the financial cost of the cameras themselves are two hurdles to widespread use.

"I'm not aware of any of the departments that are going with technology, it's just a fiscal reality that we can't afford it," he said. "Anybody who's taken a picture with their cell phone knows how much data that is."

Randolph County Sheriff Shannon Wolff echoed Walker's statements.

"They're expensive and I know the maintenance on the in-car cameras are high," he said. "Once you get them, you're worried about upkeep all the time."

Included in the police reforms are requirements that any police-related death receive an independent review, and makes investigation reports part of the public record if the officer involved in a death is not charged with a crime.

The reforms also prohibit chokeholds unless deadly force is justified.

"What I tell my officers is be professional, be courteous and treat others as you would treat your family," Wolff said. "When an officer's in a stressful situation, I think sometimes we deserve the benefit of the doubt."

As is the case with almost any year, included in the list of laws are some intriguing ones:

Conversion Therapy (HB 217):

Prohibits mental health providers from engaging in sexual orientation change efforts with a person younger than age 18.

Prohibits advertising that represents homosexuality as a mental disease, disorder or illness, and provides that violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

Codifies that a provider who engages in sexual orientation efforts may be subject to discipline by the licensing entity or disciplinary review board with competent jurisdiction.

Towing Commercial Vehicles (SB 1441):

Prohibits tow truck drivers from removing commercial vehicles under their own power unless authorized to do so by a law enforcement officer.

Requires all law enforcement departments that patrol highways (excluding Chicago) to create a tow list to regulate towing in their jurisdictions.

Milk Amendment (SB 1228):

Alters the definition of "milk" to include that it must be labeled in accordance with the current Grade "A" Pasteurized Milk Ordinance as adopted by the United States Public Health Service - Food and Drug Administration.

Amusement Ride Regulations (HB 3359):

Provides that slides of all sizes operated by an amusement vendor be considered an amusement ride and subject to regulation.

Breastfeeding Airport Accommodations (SB 344):

Requires airports that have more than 1,000,000 enplanements a year to provide a location, by Jan. 1, 2017, at each terminal behind the security screening area for women to express breast milk in private.

The location must include a chair and an electrical outlet and be outside the confines of a public restroom.

Requires smaller airports that have fewer than 1,000,000 enplanements a year to comply with this requirement upon new terminal construction, expansion or renovation.

Upon construction of a new terminal, expansion or renovation, the airport must provide a sink in any room designated for nursing mothers.

False 9-1-1 Call (HB 3988):

Requires reimbursement where a person makes a false 9-1-1 call knowing there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.

Caps reimbursement at $10,000.

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