§ 114-15. Investigations of lynchings, election frauds, etc.; services subject to call of Governor; witness fees and mileage for Director and assistants.
§ 114‑15. Investigations of lynchings, election frauds, etc.; services subject to call ofGovernor; witness fees and mileage for Director and assistants.
(a) The Bureau shall,through its Director and upon request of the Governor, investigate and prepare evidencein the event of any lynching or mob violence in the State; shall investigateall cases arising from frauds in connection with elections when requested to doso by the Board of Elections, and when so directed by the Governor. Suchinvestigation, however, shall in nowise interfere with the power of theAttorney General to make such investigation as the Attorney General isauthorized to make under the laws of the State. The Bureau is authorizedfurther, at the request of the Governor, to investigate cases of frauds arisingunder 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 Governorso to do. In all such cases it shall be the duty of the Department to keep suchrecords 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 servicesof the Director of the Bureau, and of the Director's assistants, may berequired by the Governor in connection with the investigation of any crimecommitted anywhere in the State when called upon by the enforcement officers ofthe State, and when, in the judgment of the Governor, such services may berendered with advantage to the enforcement of the criminal law. The StateBureau of Investigation is hereby authorized to investigate without request theattempted arson of, or arson of, damage of, theft from, or theft of, or misuseof, any State‑owned personal property, buildings, or other real propertyor 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). The Bureau also isauthorized at the request of the Governor to conduct a background investigationon a person that the Governor plans to nominate for a position that must beconfirmed by the General Assembly, the Senate, or the House of Representatives.The background investigation of the proposed nominee shall be limited to aninvestigation of the person's criminal record, educational background,employment record, records concerning the listing and payment of taxes, andcredit record, and to a requirement that the person provide the informationcontained in the statements of economic interest required to be filed bypersons subject to Chapter 138A of the General Statutes. The Governor must givethe person being investigated written notice that the Governor intends torequest a background investigation at least 10 days prior to the date that theGovernor requests the State Bureau of Investigation to conduct the backgroundinvestigation. The written notice shall be sent by regular mail, and there iscreated a rebuttable presumption that the person received the notice if theGovernor has a copy of the notice.
(b) The State Bureau ofInvestigation is further authorized, upon request of the Governor or theAttorney General, to investigate the commission or attempted commission of thecrimes defined in the following statutes:
(1) All sections ofArticle 4A of Chapter 14 of the General Statutes;
(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;
(11) G.S. 14‑284.2;
(12) G.S. 14‑399(e);
(12a) G.S. 15A‑287 andG.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.
(b1) The State Bureau ofInvestigation is further authorized, upon request of the Governor or AttorneyGeneral, to investigate the solicitation, commission, or attempted commission,by means of a computer, computer network, computer system, electronic mailservice provider, or the Internet, of the crimes defined in the followingstatutes:
(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 ofthe criminal violation, the State Bureau of Investigation shall promptly notifythe sheriff and local law enforcement of its investigation.
(c) All records andevidence collected and compiled by the Director of the Bureau and hisassistants shall, upon request, be made available to the district attorney ofany district if the same concerns persons or investigations in his district.
(d) In all cases wherethe cost is assessed against the defendant and paid by him, there shall beassessed in the bill of cost, mileage and witness fees to the Director and anyof his assistants who are witnesses in cases arising in courts of this State.The fees so assessed, charged and collected shall be forwarded by the clerks ofthe court to the Treasurer of the State of North Carolina, and there creditedto 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.)