reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-3 - Crime Victims Compensation Commission.

§ 15B-3. Crime Victims Compensation Commission.
(a) There is established the Crime Victims Compensation Commission of the Department of Public Safety, consisting of seven members as follows:
(1) One member to be appointed by the Governor;
(2) One member to be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate under G.S. 120-121;
(3) One member to be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives under G.S. 120-121;
(4) The Attorney General or the Attorney General's designee;
(5) The Secretary of the Department of Public Safety or the Secretary's designee; and
(6) Two members to be appointed by the Secretary of the Department of Public Safety.
(b) Members shall serve terms of four years. A member shall continue to serve until his successor is duly appointed, but a holdover under this provision does not affect the expiration date of the succeeding term.
(c) In case of a vacancy on the Commission before the expiration of a member's term, a successor shall be appointed within 30 days of the vacancy for the remainder of the unexpired term by the appropriate official pursuant to subsection (a). Vacancies in legislative appointments shall be filled under G.S. 120-122.
(d) The Commission shall elect one of its members as chairman to serve until the expiration of his term.
(e) A majority of the Commission constitutes a quorum to transact business.
(f) Members shall receive compensation and reimbursement for expenses as provided in G.S. 138-5.
(g) The Commission shall name a Director upon the recommendation of the Secretary of Public Safety. The Director shall serve at the pleasure of the Commission. The Department of Public Safety shall provide for the compensation of the Director and shall provide professional and clerical staff necessary for the work of the Commission. (1983, c. 832, s. 1; 1987, c. 819, ss. 9, 10; 1991, c. 301, s. 1; 1995, c. 490, s. 14; 1999-269, s. 1; 2004-159, s. 1; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-4 - Award of compensation.

§ 15B-4. Award of compensation.
(a) Subject to the limitations in G.S. 15B-22, compensation for criminally injurious conduct shall be awarded to a claimant if substantial evidence establishes that the requirements for an award have been met. Compensation shall only be paid for economic loss and not for noneconomic detriment. The Commission shall follow the rules of liability applicable to civil tort law in North Carolina.
(b) Compensation shall only be awarded for criminally injurious conduct that occurs or is attempted in this State except that criminally injurious conduct that occurs or is attempted against a resident of this State while in another state which does not have a victims compensation program of any type may be a basis of compensation. (1983, c. 832, s. 1; 1987, c. 819, s. 11; 1989, c. 322, s. 2; 1991, c. 301, s. 1; 2004-159, s. 1; 2006-183, s. 3.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-5 - Attorney General to represent State.

§ 15B-5. Attorney General to represent State.
The Attorney General shall represent the interest of the State when:
(1) A decision of the Commission is appealed to the courts; and
(2) When the State is sued or when it brings or enters a lawsuit pursuant to this Article. (1983, c. 832, s. 1; 1991, c. 301, s. 1; 2004-159, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-6 - Powers of the Commission and Director.

§ 15B-6. Powers of the Commission and Director.
(a) In addition to powers authorized by this Article and Chapter 150B, the Commission may:
(1) Adopt rules in accordance with Part 3, Article 1 of Chapter 143B and Article 2A of Chapter 150B of the General Statutes necessary to carry out the purposes of this Article;
(2) Establish general policies and guidelines for awarding compensation and provide guidance to the staff assigned by the Secretary of the Department of Public Safety to administer the program;
(3) Accept for any lawful purpose and functions under this Article any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm, or corporation, and may deposit the same to the Crime Victims Compensation Fund.
(b) The Director shall have all of the following authority:
(1) With the consent of the district attorney, to request that law enforcement officers employed by the State or any political subdivision provide copies of any information or data gathered in the investigation of criminally injurious conduct that is the basis of any claim to enable the Director or Commission to determine whether, and the extent to which, a claimant qualifies for an award of compensation.
(2) With the consent of the district attorney, to request that prosecuting attorneys, law enforcement officers, and State agencies conduct investigations and provide information necessary to enable the Director or Commission to determine whether, and the extent to which, a claimant qualifies for an award of compensation.
(3) To require the claimant to supplement the application for an award of compensation with any reasonably available medical or psychological reports pertaining to the injury for which the award of compensation is claimed.
(4) To utilize the sums remaining in the fund in any particular fiscal year to promote the mission of the Commission through outreach awareness measures.
Information obtained pursuant to this subsection is subject to the same privilege against public disclosure that may be asserted by the providing source. (1983, c. 832, s. 1; 1987, c. 819, s. 12; 1989, c. 679, s. 2; 1991, c. 301, s. 1; 2000-189, s. 3; 2004-159, s. 1; 2011-145, s. 19.1(g); 2022-58, s. 9(a).)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-7 - Filing of application for compensation award; contents.

§ 15B-7. Filing of application for compensation award; contents.
(a) A claim for an award of compensation is commenced by filing an application for an award with the Director. The application shall be in a form prescribed by the Commission and shall contain the following information:
(1) The name and address of the victim of the criminally injurious conduct, the name and address of the claimant, and the relationship of the claimant to the victim;
(2) If the victim is deceased, the name and address of each dependent of the victim and the extent to which each is dependent upon the victim for care and support;
(3) The nature of the criminally injurious conduct that is the basis for the claim and the date on which the conduct occurred;
(4) The law-enforcement agency or officer to whom the criminally injurious conduct was reported and the date on which it was reported;
(5) The nature and extent of the injuries that the victim sustained from the criminally injurious conduct for which compensation is sought, the name and address of any person who gave medical treatment to the victim for the injuries, the name and address of any hospital or similar institution where the victim received medical treatment for the injuries, and whether the victim died as a result of the injuries;
(6) The total amount of the economic loss that the victim, a dependent, or the claimant sustained as a result of the criminally injurious conduct, without regard to the financial limitations set forth in G.S. 15B-11(f) and (g).
(7) The amount of benefits or advantages that the victim, a dependent, or other claimant has received or is entitled to receive from any collateral source for economic loss that resulted from the criminally injurious conduct, and the name of each collateral source;
(8) Whether the claimant is the spouse, parent, child, brother, or sister of the offender, or is similarly related to an accomplice of the offender who committed the criminally injurious conduct;
(9) A release authorizing the Commission and the Commission's staff to obtain any report, document, or information that relates to the determination of the claim for an award of compensation;
(10) Any additional relevant information that the Commission may require. The Commission may require the claimant to submit, with the application, materials to substantiate the facts that are stated in the application.
(b) A person who knowingly and willfully presents or attempts to present a false or fraudulent application, or a State officer or employee who knowingly and willfully participates or assists in the preparation or presentation of a false or fraudulent application is guilty of a Class 1 misdemeanor if the application is for a claim of not more than four hundred dollars ($400.00). If the application is for a claim of more than four hundred dollars ($400.00), the person is guilty of a Class I felony. (1983, c. 832, s. 1; 1987, c. 819, s. 13; 1991, c. 301; 1993, c. 539, s. 303; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-8 - Procedure for filing application.

§ 15B-8. Procedure for filing application.
(a) The Director shall establish procedures for screening, filing, recording, investigating, and processing applications for an award of compensation. The Director shall also establish the procedures and methods for processing follow-up claims for compensation. The procedures and methods established by the Director under this subsection shall conform to any rules adopted by the Commission.
(b) Repealed by Session Laws 1987, c. 819, s. 14. (1983, c. 832, s. 1; 1987, c. 819, s. 14; 1991, c. 301, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-8.1 - Privilege and records of the Commission.

§ 15B-8.1. Privilege and records of the Commission.
(a) In a proceeding under this Article, the privileges set forth in G.S. 8-53, 8-53.3, 8-53.4, 8-53.7, 8-53.8, and 8-56 do not apply to communications or records concerning the physical, mental or emotional condition of the claimant or victim if that condition is relevant to a claim for compensation.
(b) All medical information relating to the mental, physical, or emotional condition of a victim or claimant and all law enforcement records and information and any juvenile records shall be held confidential by the Commission and Director. All personal information, as that term is defined in 18 U.S.C. § 2725(3), of victims and claimants and all information concerning the disposition of claims for compensation, except for the total amount awarded a victim or claimant, shall be held confidential by the Commission and Director. Except for information held confidential under this subsection, the records of the Division shall be open to public inspection. (1989, c. 679, s. 3; 2004-159, s. 1; 2011-267, s. 2.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-10 - Awarding claims.

§ 15B-10. Awarding claims.
(a) The Director shall decide the award of compensation for an initial claim or follow-up claim when the claim does not exceed twelve thousand five hundred dollars ($12,500) and does not include future economic loss. The Director shall report all awards under this subsection to the Commission.
(b) The Director shall recommend the award of compensation for an initial claim or follow-up claim when the claim exceeds twelve thousand five hundred dollars ($12,500) or involves future economic loss. The Commission shall decide the award of compensation for a claim based on a review of written evidence submitted to the Commission by the Director.
(c) In reporting a decision under subsection (a) or recommending a decision under subsection (b), the Director shall submit to the Commission documentation to establish the economic loss of the claimant by substantial evidence.
(d) The Director shall send each claimant a written statement of a decision made under subsection (a) or (b) that gives the reasons for the decision. A claimant who is dissatisfied with a decision may commence a contested case under Article 3 of Chapter 150B of the General Statutes. (1983, c. 832, s. 1; 1987, c. 819, s. 16; 1991, c. 301, s. 1; 1999-269, s. 2; 2004-159, s. 1; 2009-354, s. 3.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-14 - Effect of prosecution or conviction of offender.

§ 15B-14. Effect of prosecution or conviction of offender.
(a) An award of compensation may be approved whether or not any person is prosecuted or convicted for committing the conduct that is the basis of the award. Proof of conviction of a person whose conduct gave rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction, or a writ of certiorari is pending, or a rehearing or new trial has been ordered.
(b) Upon a request of the Attorney General, the proceedings in a claim for an award of compensation shall be suspended pending disposition of a criminal prosecution that has been commenced or is imminent.
(c) In making an award, any specific statement of loss to a victim that a trial court has included in its judgment in the case may be considered. (1983, c. 832, s. 1; 1987, c. 819, s. 24; 1991, c. 301, s. 1; 2004-159, s. 1; 2011-267, s. 4.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-15 - Clerks of court to be notified.

§ 15B-15. Clerks of court to be notified.
The Director shall notify in writing the clerk of superior court of the county in which the offense occurred of any award made from the Crime Victims Compensation Fund to the victim. The clerk shall place the notice in the case file of any defendant charged with the offense that gave rise to the award to the victim. (1983, c. 832, s. 1; 1987, c. 819, s. 25; 1991, c. 301, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-16 - Manner of payment; non-assignability and exemptions.

§ 15B-16. Manner of payment; non-assignability and exemptions.
(a) The Director shall pay award payments directly to the service provider on behalf of the claimant. Eligible out-of-pocket costs borne by the claimant shall be paid directly to the victim only if such costs can be documented and verified.
(b) Upon request of the claimant, future economic loss, other than allowable expense, may be commuted to a lump sum only on a finding that:
(1) The award in a lump sum will promote the interests of the claimant; or
(2) The present value of all future economic loss other than allowable expense does not exceed one thousand dollars ($1,000).
(c) An award for future economic loss payable in installments may be made only for a period as to which future economic loss can reasonably be determined. An award for future economic loss payable in installments may be reconsidered and modified upon a finding that a material and substantial change of circumstances has occurred.
(d) An order on reconsideration of an award may not require refund of amounts previously paid unless the award was obtained by fraud.
(e) The Director, even after an award made by the Commission, may negotiate with any service provider in order to obtain a reduction of the amount claimed by the provider in exchange for a full release of any claim against a claimant. (1983, c. 832, s. 1; 1987, c. 819, s. 26; 1989, c. 679, s. 6; 1991, c. 301, s. 1; 2004-159, s.1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-17 - Award not subject to taxation or execution.

§ 15B-17. Award not subject to taxation or execution.
(a) An award is exempt from taxation.
(b) An award is not subject to execution, attachment, garnishment, or other process, except that, upon receipt of an award by a claimant, the part of the award that is for allowable expense is not exempt from such an action by a creditor to the extent that he provides products, services, or accommodations the costs of which are included in the award, and the part of the award that is for work loss is not exempt from such an action to secure payment of alimony, maintenance, or child support. (1983, c. 832, s. 1; 1991, c. 301, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-18 - Subrogation by State.

§ 15B-18. Subrogation by State.
(a) If compensation is awarded, the Crime Victims Compensation Fund is subrogated to all the claimant's rights to receive or recover benefits or advantages for economic loss from a source that is, or if readily available to the victim or claimant would be, a collateral source, to the extent of the compensation awarded.
(b) The Crime Victims Compensation Fund is an eligible recipient for restitution under G.S. 15A-1021, 15A-1343, 148-33.1, 148-33.2, 148-57.1, and any other applicable statutes.
(c) As a prerequisite to bringing an action to recover damages related to criminally injurious conduct for which compensation is claimed or awarded, the claimant shall give the Commission prior written notice of the proposed action. After receiving the notice the Commission shall immediately notify the Attorney General who shall promptly:
(1) Join in the action as a party plaintiff to recover compensation awarded;
(2) Require that the claimant bring the action in his individual name as a trustee in behalf of the State to recover compensation awarded; or
(3) Reserve its rights and do neither in the proposed action. If, as requested by the Attorney General, the claimant brings the action as trustee and recovers compensation awarded from the Crime Victims Compensation Fund, he may deduct from the compensation recovered in behalf of the State the reasonable expenses, including attorney fees, allocable by the court for that recovery.
(d) If a judgment or verdict separately indicates economic loss and noneconomic detriment, payments on the judgment shall be allocated between them in proportion to the amounts indicated. In an action in a court of this State arising out of criminally injurious conduct, the judge, on timely motion, shall direct the jury to return a special verdict, indicating separately the awards for noneconomic detriment, punitive damages, and economic loss.
(e) Any funds recovered by the Crime Victims Compensation Fund pursuant to this section shall be paid to the general fund.
(f) The Director may pursue any claim of the Crime Victim's Compensation Fund or the Commission set forth in this Article. At the request of the Director, or otherwise, the Attorney General is authorized to assert the rights of the Crime Victim's Compensation Fund or Commission before any administrative or judicial tribunal for purposes of enforcing a claim or right set forth in this Article. (1983, c. 832, s. 1; 1987, c. 819, s. 27; 1989, c. 679, s. 6; 1991, c. 301, s. 1; 2004-159, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-19 - Subrogation by collateral sources prohibited.

§ 15B-19. Subrogation by collateral sources prohibited.
Subrogation rights that a collateral source may have may not extend to a recovery from a claimant of all or any part of an award made under this Article. A collateral source may not apply in the name of a claimant or otherwise for an award of compensation based upon injury to a claimant to whose rights the collateral source may be subrogated. (1983, c. 832, s. 1; 1991, c. 301, s. 1; 2004-159, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-20 - Publicity.

§ 15B-20. Publicity.
Law enforcement agencies responsible for investigating offenses committed in the State may provide information to victims of those offenses and to their dependents concerning the existence of the Crime Victims Compensation Fund and the source of applications for compensation from the Fund. (1983, c. 832, s. 1; 1987, c. 819, s. 28; 1991, c. 301, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-21 - Annual report.

§ 15B-21. Annual report.
The Commission shall, by March 15 each year, prepare and transmit to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety and to the chairs of the House and Senate Appropriations Committees on Justice and Public Safety a report of its activities in the prior fiscal year and the current fiscal year to date. The report shall include all of the following:
(1) The number of claims filed.
(2) The number of awards made.
(2a) The number of pending cases by year received.
(3) The amount of each award.
(4) A statistical summary of claims denied and awards made.
(5) The administrative costs of the Commission, including the compensation of commissioners.
(6) The current unencumbered balance of the North Carolina Crime Victims Compensation Fund.
(7) The amount of funds carried over from the prior fiscal year.
(8) The amount of funds received in the prior fiscal year from the Division of Adult Correction and Juvenile Justice of the Department of Public Safety and from the compensation fund established pursuant to the Victims Crime Act of 1984, 42 U.S.C. § 10601, et seq.
(9) The amount of funds expected to be received in the current fiscal year, as well as the amount actually received in the current fiscal year on the date of the report, from the Department of Public Safety, the Department of Adult Correction, and from the compensation fund established pursuant to the Victims Crime Act of 1984, 42 U.S.C. § 10601, et seq.
(10) A summary of the outreach awareness measure taken during the prior fiscal year.
The Attorney General and State Auditor shall assist the Commission in the preparation of the report required by this section. (1983, c. 832, s. 1; 1987, c. 819, s. 29; 1991, c. 301, s. 1; 1999-237, s. 20.2; 2001-424, s. 26.5; 2004-159, s. 1; 2011-145, s. 19.1(h); 2015-241, s. 16A.2; 2017-186, s. 2(ffff); 2021-180, s. 19C.9(ggg); 2022-58, s. 9(b).)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-22 - Disbursements.

§ 15B-22. Disbursements.
If compensation awarded under this Article cannot be paid due to insufficient funds in the Crime Victims Compensation Fund, payment shall be delayed until sufficient funds are available and no further awards of compensation shall be made until sufficient funds are available. (1983, c. 832, s. 1; 1987, c. 819, s. 31; 1991, c. 301, s. 1; 2004-159, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-23 - Crime Victims Compensation Fund.

§ 15B-23. Crime Victims Compensation Fund.
There is established the Crime Victims Compensation Fund. Revenue in the Crime Victims Compensation Fund includes amounts credited to the Fund under G.S. 148-2 and other funds. Any surplus in the Crime Victims Compensation Fund shall not revert. The Crime Victims Compensation Fund shall be kept on deposit with the State Treasurer, as in the case of other State funds, and may be invested by the State Treasurer in any lawful security for the investment of State money. The Crime Victims Compensation Fund is subject to the oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes. (1987, c. 819, s. 30; 1993 (Reg. Sess., 1994), c. 769, s. 21.5(b); 2004-159, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-24 - Requiring defendant to pay restitution encouraged.

§ 15B-24. Requiring defendant to pay restitution encouraged.
Pursuant to a Court's power to require restitution as a condition of probation, parole or work-release privileges, a Court may require a defendant to pay restitution to a victim, regardless of whether the victim receives compensation from the Crime Victims Compensation Fund, or to the Fund. It is the intent of the General Assembly that a victim's receipt of compensation from the Fund shall not discourage a Court from considering, where appropriate, payment of restitution by the defendant and alternatives to incarceration of the defendant. (1987, C. 819, S. 33.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-25 - Compensation limits.

§ 15B-25. Compensation limits.
This Article shall not be construed to create a right to receive compensation. Compensation payable under Chapter 15B shall only be available to the extent that the General Assembly appropriates funds that purpose. (1987, c. 819, s. 36; 2004-159, s. 1.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 1 - Crime Victims Compensation Act. › § 15B-26 - Crime victims credit protection.

§ 15B-26. Crime victims credit protection.
(a) A creditor that is owed money for services provided to a victim as a result of the criminally injurious conduct inflicted on the victim shall not communicate any information about the debt to a consumer reporting agency during the pendency of an application for an award filed pursuant to G.S. 15B-7 or during the pendency of an appeal from a decision related to such an application.
(b) The victim bears the burden of notifying the creditor that the debt is subject to subsection (a) of this section.
(c) A creditor may request monthly verification from the Commission that the application or appeal is still pending, and the Commission shall provide this verification. (2009-355, s. 6.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 2 - The Crime Victims Financial Recovery Assistance Act. › § 15B-30 - Declaration of policy and purpose.

§ 15B-30. Declaration of policy and purpose.
The General Assembly of North Carolina hereby declares as a matter of public policy that:
(1) No person who commits a crime should thereafter gain monetary profit as the result of committing the crime.
(2) Victims of crime have a special relationship to any profit from the crime committed against them, including the personal belongings and memorabilia of a convicted felon whose criminal actions and resulting notoriety enhance the value of those belongings and memorabilia.
(3) To the extent profit from crime would not have been realized but for an offender's commission of illegal acts, an offender does not have an equitable interest in the profit and allowing the offender to retain the profit would result in the offender's unjust enrichment.
The General Assembly finds that the State has a compelling interest in ensuring that persons convicted of crimes do not profit from those crimes, and that victims of crime are compensated by those who have harmed them.
The General Assembly further finds that crime victims have difficulty satisfying restitution orders or civil judgments entered against their offenders because the victims often lack the expertise and resources to identify or locate assets that an offender may have.
In order to carry out this public policy and to satisfy these compelling interests, the General Assembly has enacted the provisions of this Article providing a mechanism by which crime victims are notified of the existence of an offender's assets and are authorized to bring an action to recover those assets. (2004-159, s. 2.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 2 - The Crime Victims Financial Recovery Assistance Act. › § 15B-32 - Notice of contract or agreement to pay.

§ 15B-32. Notice of contract or agreement to pay.
(a) Notice to Commission. –
(1) Every person, firm, corporation, partnership, association, or other legal entity, or representative of a person, firm, corporation, partnership, association, or entity that knowingly contracts for, pays, or agrees to pay to an offender (i) profit from crime or (ii) funds of an offender where the value or aggregate value of the payment or payments exceeds ten thousand dollars ($10,000) shall submit to the Commission a copy of the contract or reduce to writing the terms of any oral agreement or obligation to pay as soon as practicable after discovering the payment or intended payment constitutes profit from crime or funds of an offender.
(2) Whenever the payment or obligation to pay involves funds of an offender that a superintendent, sheriff, or municipal officer (i) receives or will receive on behalf of an inmate serving a sentence with the Division of Prisons of the Department of Adult Correction or a prisoner confined at a local correctional facility, (ii) deposits or will deposit in an inmate account to the credit of an inmate or prisoner, and (iii) the value of such funds exceeds or will exceed ten thousand dollars ($10,000), the State or subdivision of the State shall also give written notice to the Commission.
(3) Whenever the State or a subdivision of the State makes a payment or has an obligation to pay funds of an offender and the value of such funds exceeds or will exceed ten thousand dollars ($10,000), the State or subdivision of the State shall also give written notice to the Commission.
(4) In all other instances where the payment or obligation to pay involves funds of an offender and the value or aggregate value of the funds exceeds or will exceed ten thousand dollars ($10,000), the offender who receives or will receive the funds shall give written notice to the Commission.
(b) Notice to Eligible Persons. – The Commission shall, upon receipt of a notice of a contract, an agreement to pay, or payment of profit from crime or funds of an offender, notify in writing by certified mail, return receipt requested, all known eligible persons where the eligible persons' names and addresses are known to the Commission. The Commission may, in its discretion, provide for additional notice as it deems necessary. (2004-159, s. 2; 2011-145, s. 19.1(h); 2017-186, s. 2(hhhh); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 2 - The Crime Victims Financial Recovery Assistance Act. › § 15B-34 - Civil action to recover profits or funds; responsibilities of the Commission.

§ 15B-34. Civil action to recover profits or funds; responsibilities of the Commission.
(a) Civil Action. – Notwithstanding any inconsistent provision of law with respect to the timely bringing of an action, an eligible person may, within three years of the discovery of any profit from crime or funds of an offender, bring a civil action in a court of competent jurisdiction against an offender for damages arising out of the offense for which the offender was convicted.
(b) Notice by Eligible Persons. – Upon filing an action under subsection (a) of this section, the eligible person shall give notice to the Commission of the filing by delivering a copy of the summons and complaint to the Commission. The eligible person may also give notice to the Commission prior to filing the action so as to allow the Commission to apply for any appropriate provisional remedies, which are otherwise authorized to be invoked prior to the commencement of an action.
(c) Responsibilities of Commission. – Upon receipt of a copy of a summons and complaint, or upon receipt of notice from the eligible person prior to filing an action, the Commission shall immediately take action to:
(1) Notify all other known eligible persons of the filing of the civil action by certified mail, return receipt requested, where the eligible persons' names and addresses are known to the Commission.
(2) Provide, in its discretion, for additional notice as it deems necessary.
(3) Avoid the wasting of the assets identified in the complaint as the profit from crime or funds of an offender in any manner consistent with subsection (d) of this section.
(d) Standing; Authority to Avoid Wasting of Assets. – The Commission has standing and, acting on its own behalf or on behalf of all eligible persons, shall have the right to apply for any and all provisional remedies that are also otherwise available to the plaintiff in the civil action brought under subsection (a) of this section, including attachment, injunction, constructive trust, and receivership. On a motion for a provisional remedy, the moving party shall state whether any other provisional remedy has previously been sought in the same action against the same defendant. The court may require the moving party to elect between those remedies to which it would otherwise be entitled. (2004-159, s. 2.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 2 - The Crime Victims Financial Recovery Assistance Act. › § 15B-35 - Subrogation by the Crime Victims Compensation Fund.

§ 15B-35. Subrogation by the Crime Victims Compensation Fund.
Claims on profit from crime or funds of an offender are subject to subrogation by the Crime Victims Compensation Fund pursuant to G.S. 15B-18. (2004-159, s. 2.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 2 - The Crime Victims Financial Recovery Assistance Act. › § 15B-36 - Conviction overturned or pardon issued.

§ 15B-36. Conviction overturned or pardon issued.
If profit from crime is subject to a provisional remedy on behalf of eligible persons and the conviction for the criminal offense from which profit from crime is realized is reversed, vacated, or set aside, or if the offender has been granted an unconditional pardon of innocence for the criminal offense, those funds shall be returned to the rightful owner. (2004-159, s. 2.)
2023 North Carolina General Statutes › Chapter 15B - Victims Compensation › Article 2 - The Crime Victims Financial Recovery Assistance Act. › § 15B-37 - Evasive action void.

§ 15B-37. Evasive action void.
Any action taken by an offender, whether by way of execution of a power of attorney, creation of corporate entities, or otherwise, to defeat the purpose of this Article shall be void as against the public policy of this State. (2004-159, s. 2.)
2023 North Carolina General Statutes › Chapter 15C - Address Confidentiality Program › § 15C-1 - Purpose.

§ 15C-1. Purpose.
The purpose of this Chapter is to enable the State and the agencies of North Carolina to respond to requests for public records without disclosing the location of a victim of domestic violence, sexual offense, stalking, or human trafficking; to enable interagency cooperation in providing address confidentiality for victims of domestic violence, sexual offense, stalking, or human trafficking; and to enable the State and its agencies to accept a program participant's use of an address designated by the Office of the Attorney General as a substitute address. (2002-171, s. 1; 2007-547, s. 4.)
2023 North Carolina General Statutes › Chapter 15C - Address Confidentiality Program › § 15C-2 - Definitions.

§ 15C-2. Definitions.
The following definitions apply in this Chapter:
(1) Actual address or address. – A residential, work, or school street address as specified on the individual's application to be a program participant under this Chapter.
(2) Address Confidentiality Program or Program. – A program in the Office of the Attorney General to protect the confidentiality of the address of a relocated victim of domestic violence, sexual offense, or stalking to prevent the victim's assailants or potential assailants from finding the victim through public records.
(3) Agency of North Carolina or agency. – Includes every elected or appointed State or local public office, public officer, or official; institution, board, commission, bureau, council, department, authority, or other unit of government of the State or of any local government; or unit, special district, or other political subdivision of State or local government.
(4) Application assistant. – An employee of an agency or nonprofit organization who provides counseling, referral, shelter, or other specialized services to victims of domestic violence, sexual offense, stalking, or human trafficking and who has been designated by the Attorney General to assist individuals with applications to participate in the Address Confidentiality Program.
(5) Attorney General. – Office of the Attorney General.
(6) Person. – Any individual, corporation, limited liability company, partnership, trust, estate, or other association or any state, the United States, or any subdivision thereof.
(7) Program participant. – An individual accepted into the Address Confidentiality Program in accordance with this Chapter.
(8) Public record. – A public record as defined in Chapter 132 of the General Statutes.
(9) Substitute address. – An address designated by the Attorney General under the Address Confidentiality Program.
(10) Victim of domestic violence. – An individual against whom domestic violence, as described in G.S. 50B-1, has been committed.
(11) Victim of a sexual offense. – An individual against whom a sexual offense, as described in Article 7B of Chapter 14 of the General Statutes, has been committed.
(12) Victim of stalking. – An individual against whom stalking, as described in former G.S. 14-277.3 for acts occurring before December 1, 2008, or G.S. 14-277.3A for acts occurring on or after December 1, 2008, has been committed.
(13) Victim of human trafficking. – An individual against whom human trafficking, as described in G.S. 14-43.11, has been committed. (2002-171, s. 1; 2007-547, s. 5; 2009-58, s. 4; 2015-181, s. 47.)
2023 North Carolina General Statutes › Chapter 15C - Address Confidentiality Program › § 15C-3 - Address Confidentiality Program.

§ 15C-3. Address Confidentiality Program.
The General Assembly establishes the Address Confidentiality Program in the Office of the Attorney General to protect the confidentiality of the address of a relocated victim of domestic violence, sexual offense, stalking, or human trafficking to prevent the victim's assailants or potential assailants from finding the victim through public records. Under this Program, the Attorney General shall designate a substitute address for a program participant and act as the agent of the program participant for purposes of service of process and receiving and forwarding first-class mail or certified or registered mail. The Attorney General shall not be required to forward any mail other than first-class mail or certified or registered mail to the program participant. The Attorney General shall not be required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered mail. (2002-171, s. 1; 2007-547, s. 6.)
2023 North Carolina General Statutes › Chapter 15C - Address Confidentiality Program › § 15C-5 - Change of name, address, or telephone number.

§ 15C-5. Change of name, address, or telephone number.
(a) A program participant shall notify the Attorney General within 30 days after the program participant has obtained a legal name change by providing the Attorney General a certified copy of any judgment or order evidencing the change or any other documentation the Attorney General deems to be sufficient evidence of the name change. If the program participant fails to notify the Attorney General of a name change in the manner provided in this subsection, the Attorney General shall cancel the certification of the program participant in the Program.
(b) A program participant shall notify the Attorney General of a change in address or telephone number from the address or telephone number listed for the program participant on the application at least seven days before the change occurs. If the program participant fails to notify the Attorney General of a change in address or telephone number in the manner provided in this subsection, the Attorney General shall cancel the certification of the program participant in the Program. (2002-171, s. 1.)
2023 North Carolina General Statutes › Chapter 15C - Address Confidentiality Program › § 15C-6 - Falsifying application information.

§ 15C-6. Falsifying application information.
An applicant who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's child or who knowingly provides false information when applying for certification or renewal shall lose certification in the Program. The Attorney General shall investigate violations of this section. Upon finding that a violation has occurred, the Attorney General shall assess a civil penalty against the applicant not to exceed five hundred dollars ($500.00). (2002-171, s. 1.)
2023 North Carolina General Statutes › Chapter 15C - Address Confidentiality Program › § 15C-7 - Certification cancellation; records.

§ 15C-7. Certification cancellation; records.
(a) The Attorney General shall cancel the certification of a program participant under any of the following circumstances:
(1) The program participant files a request for withdrawal of the certification pursuant to G.S. 15C-4.
(2) The program participant fails to notify the Attorney General of a change in the program participant's name, address, or telephone number listed on the application pursuant to G.S. 15C-5.
(3) The program participant submitted false information in applying for certification to the Program in violation of G.S. 15C-6.
(4) Mail forwarded to the program participant by the Attorney General is returned as undeliverable.
(b) The provisions of Article 3 of Chapter 150B of the General Statutes shall not apply to any cancellation of certification by the Attorney General pursuant to subsection (a) of this section.
(c) The Attorney General shall send notice of cancellation to the program participant. Notice of cancellation shall set out the reasons for cancellation. The program participant shall have 30 days to appeal the cancellation decision under procedures developed by the Attorney General.
(d) Any records or documents pertaining to a program participant shall be maintained in accordance with The General Schedule for State Agencies as established by the Department of Natural and Cultural Resources.
(e) An individual who ceases to be a program participant is responsible for notifying persons who use the substitute address designated by the Attorney General as the program participant's address that the designated substitute address is no longer the individual's address. (2002-171, s. 1; 2015-241, s. 14.30(s).)
2023 North Carolina General Statutes › Chapter 15C - Address Confidentiality Program › § 15C-10 - Assistance for program applicants.

§ 15C-10. Assistance for program applicants.
(a) The Attorney General shall designate agencies of North Carolina and nonprofit organizations that provide counseling and shelter services to victims of domestic violence, sexual offense, stalking, or human trafficking to assist individuals applying to be program participants. Any assistance and counseling rendered by the Office of the Attorney General or its designee to applicants shall in no way be construed as legal advice.
(b) The Attorney General, upon receiving notification pursuant to G.S. 15A-832(h), shall, within 96 hours of receiving the notification, issue the victim a letter of certification of eligibility or other relevant document entitling the person to have access to State benefits and services. (2002-171, s. 1; 2007-547, s. 8.)
2023 North Carolina General Statutes › Chapter 15C - Address Confidentiality Program › § 15C-11 - Limited liability.

§ 15C-11. Limited liability.
The State, agencies of North Carolina, and their officers, officials, employees, and agents, both past and present, in their official and individual capacities, shall be immune and held harmless from any liability in any action brought by or on behalf of any person injured or harmed by the actions or inactions of these entities and individuals in implementing this Chapter. However, if an employee's actions resulting in harm were not within the course and scope of the employee's duties, then that employee may be subject to suit as an individual to the extent permitted by the laws of the State of North Carolina. (2002-159, s. 28.5; 2002-171, s. 1.)
2023 North Carolina General Statutes › Chapter 15C - Address Confidentiality Program › § 15C-13 - Additional time for action.

§ 15C-13. Additional time for action.
Whenever the laws of this State provide a program participant a legal right to act within a prescribed period of 10 days or less after the service of a notice or other paper upon the program participant, and the notice or paper is served upon the program participant by mail pursuant to this Chapter, five days shall be added to the prescribed period. (2002-171, s. 1.)
2023 North Carolina General Statutes › Chapter 16 - Gaming Contracts and Futures › Article 1 - Gaming Contracts. › § 16-1 - Gaming and betting contracts void.

§ 16-1. Gaming and betting contracts void.
(a) All wagers, bets or stakes made to depend upon any race, or upon any gaming by lot or chance, or upon any lot, chance, casualty or unknown or contingent event whatever, shall be unlawful; and all contracts, judgments, conveyances and assurances for and on account of any money or property, or thing in action, so wagered, bet or staked, or to repay, or to secure any money, or property, or thing in action, lent or advanced for the purpose of such wagering, betting, or staking as aforesaid, shall be void.
(b) This section shall not apply to:
(1) Any sports wager, as defined in G.S. 18C-901, placed in accordance with Article 9 of Chapter 18C of the General Statutes.
(2) Any pari-mutuel wager, as defined in G.S. 18C-1001, placed in accordance with Article 10 of Chapter 18C of the General Statutes. (1810, c. 796, P.R; R.C., c. 51, ss. 1, 2; Code, ss. 2841, 2842; Rev., s. 1687; C.S., s. 2142; 2023-42, s. 4(f).)
2023 North Carolina General Statutes › Chapter 16 - Gaming Contracts and Futures › Article 1 - Gaming Contracts. › § 16-2 - Players and betters competent witnesses.

§ 16-2. Players and betters competent witnesses.
No person shall be excused or incapacitated from confessing or testifying touching any money or property, or thing in action, so wagered, bet or staked, or lent for such purpose, by reason of his having won, played, bet or staked upon any game, lot or chance, casualty, or unknown or contingent event aforesaid; but the confession or testimony of such person shall not be used against him, in any criminal prosecution, on account of such betting, wagering or staking. (R.C., c. 51, s. 3; Code, s. 2843; Rev., s. 1688; C.S., s. 2143.)
2023 North Carolina General Statutes › Chapter 16 - Gaming Contracts and Futures › Article 2 - Contracts for "Futures." › § 16-4 - Entering into or aiding contract for "futures" misdemeanor.

§ 16-4. Entering into or aiding contract for "futures" misdemeanor.
If any person shall become a party to any contract declared void in this Article; or if any person shall be the agent, directly or indirectly, of any party in making or furthering or effectuating the same; or if any agent or officer of a corporation shall in any manner knowingly aid in making or furthering any such contract to which the corporation is a party, he shall be guilty of a Class 1 misdemeanor.
If any person shall, while in this State, consent to become a party to any such contract made in another state, and if any person shall, as agent of any person or corporation, become a party to any such contract made in another state, or in this State do any act or in any way aid in the making or furthering of any such contract so made in another state, he shall be guilty of a Class 1 misdemeanor. (1889, c. 221, ss. 3, 4; Rev., ss. 3823, 3824; C.S., s. 2147; 1993, c. 539, s. 304; 1994, Ex. Sess., c. 24, s. 14(c).)