143B-919. Investigations of lynchings, election frauds, etc.; services subject to call of Governor; 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 in nowise 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 hereby 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 or 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).
(b) The Bureau also is authorized at the request of the Governor to conduct a background investigation on a person that the Governor plans to nominate for a position that must be confirmed by the General Assembly, the Senate, or the House of Representatives. The background investigation of the proposed nominee shall be limited to an investigation of the person's criminal record, educational background, employment record, records concerning the listing and payment of taxes, and credit record, and to a requirement that the person provide the information contained in the statements of economic interest required to be filed by persons subject to Chapter 138A of the General Statutes. The Governor must give the person being investigated written notice that the Governor intends to request a background investigation at least 10 days prior to the date that the Governor requests the State Bureau of Investigation to conduct the background investigation. The written notice shall be sent by regular mail, and there is created a rebuttable presumption that the person received the notice if the Governor has a copy of the notice.
(b1) The Bureau shall, upon request of the Governor or a sheriff, chief of police, head of a State law enforcement agency, district attorney, or the Commissioner of Prisons, investigate and prepare evidence in the event of any of the following:
(1) A sworn law enforcement officer with the power to arrest uses force against an individual in the performance of the officer's duties that results in the death of the individual.
(2) An individual in the custody of the Department of Public Safety, a State prison, a county jail, or a local confinement facility, regardless of the physical location of the individual, dies.
(c) The State Bureau of Investigation is further authorized, upon request of the Governor or the Attorney General, to investigate the commission or attempted commission of the crimes defined in the following statutes:
(1) Article 4A of Chapter 14 of the General Statutes;
(1a) G.S. 14-43.11;
(2) G.S. 14-277.1;
(3) G.S. 14-277.2;
(4) G.S. 14-283;
(5) G.S. 14-284;
(6) G.S. 14-284.1;
(7) G.S. 14-288.2;
(8) G.S. 14-288.7;
(9) G.S. 14-288.8;
(10) G.S. 14-288.20;
(10a) G.S. 14-288.21;
(10b) G.S. 14-288.22;
(10c) G.S. 14-288.23;
(10d) G.S. 14-288.24;
(11) G.S. 14-284.2;
(12) G.S. 14-399(e);
(12a) G.S. 15A-287 and G.S. 15A-288;
(13) G.S. 130A-26.1;
(14) G.S. 143-215.6B;
(15) G.S. 143-215.88B; and
(16) G.S. 143-215.114B.
(d) The State Bureau of Investigation is further authorized, upon request of the Governor or Attorney General, to investigate the solicitation, commission, or attempted commission, by means of a computer, computer network, computer system, electronic mail service provider, or the Internet, of the crimes defined in the following statutes:
(1) G.S. 14-190.6;
(2) G.S. 14-190.7;
(3) G.S. 14-190.8;
(4) G.S. 14-190.14;
(5) G.S. 14-190.15;
(6) G.S. 14-190.16;
(7) G.S. 14-190.17;
(8) G.S. 14-190.17A;
(9) G.S. 14-190.18;
(10) G.S. 14-190.19;
(11) G.S. 14-202.3;
(e) All records and evidence collected and compiled by employees of the Bureau shall, upon request, be made available to the district attorney of any district if the same concerns persons or investigations in his district.
(f) In all cases where the cost is assessed against the defendant and paid by him, there shall be assessed in the bill of cost, mileage and witness fees to any employees of the Bureau who are witnesses in cases arising in courts of this State. The fees so assessed, charged and collected shall be forwarded by the clerks of the court to the Treasurer of the State of North Carolina, and there credited to the Bureau of Identification and Investigation Fund. (1937, c. 349, s. 6; 1947, c. 280; 1965, c. 772; 1973, c. 47, s. 2; 1981, c. 822, s. 2; 1987, c. 858, s. 1; c. 867, s. 3; 1991, c. 725, s. 2; 1993, c. 461, s. 2; 1995, c. 407, s. 2; 1999-398, s. 2; 2003-214, s. 1(1); 2005-121, s. 3; 2008-213, s. 88; 2011-145, s. 19.1(q1); 2011-391, s. 43(g); 2014-100, s. 17.1(j), (yy); 2017-57, s. 16B.10(a); 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1; 2021-138, s. 10(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143B - Executive Organization Act of 1973
Article 13 - Department of Public Safety.
§ 143B-601 - Powers and duties of the Department of Public Safety[Effective until January 1, 2023]
§ 143B-602 - Powers and duties of the Secretary of Public Safety.
§ 143B-602.1 - Annual report on trooper training reimbursement agreements.
§ 143B-602.2 - Annual report on grant funds received or preapproved for receipt.
§ 143B-603.1 - Continuously Operating Reference Station Fund.
§ 143B-604 - State Reentry Council Collaborative[Recodified effective January 1, 2023 see note]
§ 143B-707 - Reports to the General Assembly[Recodified effective January 1, 2023 see note]
§ 143B-707.4 - Annual report on safekeepers[Recodified effective January 1, 2023 see note]
§ 143B-707.5 - Medicaid services for inmates[Recodified effective January 1, 2023 see note]
§ 143B-708 - Community service program[Recodified effective January 1, 2023 see note]
§ 143B-709 - Security Staffing[Recodified effective January 1, 2023 see note]
§ 143B-721.1 - Parole eligibility reports[Recodified effective January 1, 2023 see note]
§ 143B-805 - Definitions[Effective until January 1, 2023]
§ 143B-807 - Authority to contract with other entities.
§ 143B-808 - Authority to assist private nonprofit foundations.
§ 143B-809 - Teen court programs[Effective until January 1, 2023]
§ 143B-810 - Youth Development Center annual report.
§ 143B-811 - Annual evaluation of intensive intervention services.
§ 143B-812 - Annual report on complaints against certain juveniles[Effective until January 1, 2023]
§ 143B-815 - Juvenile facilities[Effective until January 1, 2023]
§ 143B-817 - Compensation to juveniles in care[Effective until January 1, 2023]
§ 143B-818 - Visits and community activities[Effective until January 1, 2023]
§ 143B-819 - Regional detention services[Effective until January 1, 2023]
§ 143B-820 - State subsidy to county detention facilities[Effective until January 1, 2023]
§ 143B-821 - Authority for implementation[Effective until January 1, 2023]
§ 143B-822 - Juvenile facility monthly commitment report.
§ 143B-830 - Duties and powers of chief court counselors[Effective until January 1, 2023]
§ 143B-831 - Duties and powers of juvenile court counselors.
§ 143B-845 - Legislative intent.
§ 143B-846 - Creation; method of appointment; membership; chair and vice-chair.
§ 143B-847 - Terms of appointment.
§ 143B-848 - Vacancies; removal.
§ 143B-849 - Meetings; quorum.
§ 143B-850 - Compensation of members.
§ 143B-851 - Powers and duties[Effective until January 1, 2023]
§ 143B-852 - Department of Public Safety to report on Juvenile Crime Prevention Council grants.
§ 143B-853 - Funding for programs[Effective until January 1, 2023]
§ 143B-900 - Recodified as G.S143B-911 by Session Laws 2014-100, s17.1(i), effective July 1, 2014.
§ 143B-903 - Collection of traffic law enforcement statistics.
§ 143B-904 - Collection of statistics on the use of deadly force by law enforcement officers.
§ 143B-905 - Criminal Information Network.
§ 143B-906 - Criminal statistics.
§ 143B-907 - Public law enforcement database regulation.
§ 143B-911 - Creation of State Capitol Police Division; powers and duties.
§ 143B-915 - Bureau of Investigation created; powers and duties.
§ 143B-918 - Transfer of personnel.
§ 143B-921 - Use of private investigators limited.
§ 143B-922 - Investigations of child sexual abuse in child care.
§ 143B-923 - Cooperation of local enforcement officers.
§ 143B-925 - Study and report on use of pseudoephedrine products to make methamphetamine.
§ 143B-927 - Personnel of the State Bureau of Investigation.
§ 143B-929 - Operation and management of Information Sharing and Analysis Center.
§ 143B-930 - Criminal history background investigations; fees.
§ 143B-931 - Criminal record checks of school personnel.
§ 143B-933 - Criminal record checks for foster care.
§ 143B-934 - Criminal record checks of child care providers.
§ 143B-938 - Criminal record checks of McGruff House Program volunteers.
§ 143B-942 - Criminal record checks of applicants for licensure as massage and bodywork therapists.
§ 143B-945 - Criminal record checks for municipalities and county governments.
§ 143B-946 - Criminal record checks of applicants for locksmith licensure or apprentice designation.
§ 143B-949 - Criminal record checks of applicants for licensure and licensees.
§ 143B-950 - Criminal record checks for the Judicial Department.
§ 143B-951 - Criminal record checks for the Department of Information Technology.
§ 143B-952 - Criminal record checks of EMS personnel.
§ 143B-953 - Criminal record checks of applicants for licensure as chiropractic physicians.
§ 143B-959 - Criminal record checks of petitioners for restoration of firearms rights.
§ 143B-965 - Criminal record checks of applicants and recipients of programs of public assistance.
§ 143B-966 - Criminal record checks for the Office of State Controller.
§ 143B-967 - Criminal record checks for the Department of Revenue.
§ 143B-968 - Criminal record checks for the Office of State Human Resources.
§ 143B-970 - Criminal record checks for employees of county boards of elections.
§ 143B-972 - National criminal record checks for child care institutions.
§ 143B-973 - Criminal record checks for the Legislative Services Commission.
§ 143B-974 - Criminal record checks for sheriffs.
§ 143B-976 - (Effective July 1, 2023) Criminal record check for platform licensees.
§ 143B-981 - The National Crime Prevention and Privacy Compact.
§ 143B-986 - Authority to provide protection to certain public officials.
§ 143B-987 - Authority to designate areas for protection of public officials.
§ 143B-990 - Creation of Alcohol Law Enforcement Division of the Department of Public Safety.
§ 143B-1000 - Division of Emergency Management of the Department of Public Safety.
§ 143B-1010 - North Carolina Center for Missing Persons established.
§ 143B-1012 - Control of the Center.
§ 143B-1013 - Secretary to adopt rules.
§ 143B-1014 - Submission of missing person reports to the Center.
§ 143B-1015 - Dissemination of missing persons data by law-enforcement agencies.
§ 143B-1016 - Responsibilities of Center.
§ 143B-1018 - Release of information by Center.
§ 143B-1020 - Improper release of information; penalty.
§ 143B-1021 - North Carolina AMBER Alert System established.
§ 143B-1022 - North Carolina Silver Alert System established.
§ 143B-1023 - North Carolina Blue Alert System established.
§ 143B-1030 - Civil Air Patrol Section - powers and duties.
§ 143B-1031 - Personnel and benefits.
§ 143B-1032 - State liability.
§ 143B-1040 - Office of Recovery and Resiliency.
§ 143B-1041 - Interagency coordination.
§ 143B-1101 - Governor's Crime Commission powers and duties.
§ 143B-1103 - Additional duties of the Grants Management Section.
§ 143B-1104 - Recodified as G.S143B-853 by Session Laws 2020-83, s5, effective July 1, 2020.
§ 143B-1105 - Grants reporting.
§ 143B-1150 - Short title[Recodified effective January 1, 2023 see note]
§ 143B-1151 - Legislative policy[Recodified effective January 1, 2023 see note]
§ 143B-1152 - Definitions[Recodified effective January 1, 2023 see note]
§ 143B-1154 - Eligible population[Recodified effective January 1, 2023 see note]
§ 143B-1156 - Contract for services[Recodified effective January 1, 2023 see note]
§ 143B-1161 - Justice Reinvestment Council[Recodified effective January 1, 2023 see note]
§ 143B-1200 - Assistance Program for Victims of Rape and Sex Offenses.
§ 143B-1201 - Restitution; actions.
§ 143B-1203 - Transfer; definitions.
§ 143B-1205 - Compensation and expenses of Board members; travel reimbursements.