GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-358
SENATE BILL 737
AN ACT authorizing criminal record checks for county governments.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 114-19.14 reads as rewritten:
"§ 114-19.14.
Criminal record checks for municipalities.municipalities and county
governments.
The Department of Justice may provide to a city or county
from the State and National Repositories of Criminal Histories the criminal
history of any person who applies for employment with the city. city
or county. The city or county shall provide to the Department of
Justice, along with the request, the fingerprints of the applicant, a form
signed by the applicant consenting to the criminal record check and use of
fingerprints and other identifying information required by the State and
National Repositories, and any additional information required by the
Department of Justice. The applicant's fingerprints shall be forwarded to the
State Bureau of Investigation for a search of the State's criminal history
record file, and the State Bureau of Investigation shall forward a set of
fingerprints to the Federal Bureau of Investigation for a national criminal
history record check. The city or county shall keep all information
obtained pursuant to this section confidential. The Department of Justice may
charge a fee to offset the cost incurred by it to conduct a criminal record
check under this section. The fee shall not exceed the actual cost of locating,
editing, researching, and retrieving the information."
SECTION 2. Article 5 of Chapter 153A of the General Statues is amended by adding a new section to read:
"§ 153A-94.2. Criminal history record checks of employees permitted.
The board of commissioners may adopt or provide for rules and regulations or ordinances concerning a requirement that any applicant for employment be subject to a criminal history record check of State and National Repositories of Criminal Histories conducted by the Department of Justice in accordance with G.S. 114-19.14. The local or regional public employer may consider the results of these criminal history record checks in its hiring decisions."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 23rd day of August, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 1:46 p.m. this 7th day of September, 2005