GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2001

 

 

SESSION LAW 2001-60

SENATE BILL 667

 

 

AN ACT TO PROVIDE THAT MUNICIPAL LAW ENFORCEMENT OFFICERS HAVE CONDITIONAL AUTHORITY TO SERVE CRIMINAL PROCESS IN THE COUNTY GOVERNMENT COMPLEX ONLY IN CARTERET COUNTY.

 

 

The General Assembly of North Carolina enacts:

 

SECTION 1. G.S. 15A-301(c) reads as rewritten:

"(c)      Service. -

(1)       A law-enforcement officer or other employee designated as provided in subsection (b) receiving criminal process for service or execution must note thereon the date of its receipt. Upon execution or service, a copy of the process must be delivered to the person arrested or served.

(2)       A corporation may be served with criminal summons as provided in G.S. 15A-773.

(3)       Notwithstanding any other provision of law, a municipal law enforcement officer may serve criminal process in the Carteret County Government Complex if the officer otherwise has territorial jurisdiction to serve criminal process in a municipality located in that county. This subdivision shall apply only for service of criminal process and shall not affect in any way a law enforcement officer's powers to arrest as set out under Article 20 of this Chapter. A municipal law enforcement officer serving criminal process as provided in this subdivision shall be protected under subsection (f) of this section. For purposes of this subdivision, the term 'Carteret County Government Complex' means the following county facilities and the property located within 50 feet of those facilities:

a.         County courthouse.

b.         Magistrate's office.

c.         Jail."

SECTION 2. This act applies only in Carteret County.

SECTION 3.  This act becomes effective October 1, 2001.

In the General Assembly read three times and ratified this the 10th day of May, 2001.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives