N.C. Gen. Stat. § 143B-919 — NC Code / Chapter 143B / Section 143B-919
§ 143B-919. Investigations of lynchings, election frauds, etc.; services subject to call of Governor; witness fees and mileage for employees
Status: in_force

(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 ;

Upon determining the location of the criminal violation, the State Bureau of Investigation shall promptly notify the sheriff and local law enforcement of its investigation.

(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.