NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 846

HOUSE BILL 116

 

 

AN ACT TO AUTHORIZE LAW ENFORCEMENT OFFICERS OF ONE MUNICIPAL CORPORATION TO BE SENT TO ANOTHER MUNICIPAL CORPORATION IN CASE OF EMERGENCY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  The General Statutes are hereby amended by inserting, immediately after Section 160-20.1, a new Section to be numbered G.S. 160-20.2 and to read as follows:

"G.S. 160-20.2.  Law Enforcement Officers of One Political Subdivision of the State of North Carolina to Assist the Law Enforcement Officers of any Other Political Subdivision Upon Request.

"(a)       The governing body of any political subdivision of the State upon the request of the governing body of any other political subdivision of the State may send any law enforcement officer or officers to assist the law enforcement officers of such requesting political subdivision in the performance of their duties in cases of emergency. A complete record of the request and sending together with the names of the officers sent shall be recorded in the minutes of the next regular or special meeting of the governing bodies of both the requesting and the sending political subdivisions.

"(b)      Such assistance shall be rendered only in emergencies, and such emergency shall be declared by the chief elected official of the requesting political subdivision, or, in his absence, the person normally acting in his stead in case of absence. Provided, however, that no political subdivision shall request or send law enforcement officers unless the requesting and sending political subdivisions have an agreement to do so, which agreement shall be spread upon the minutes of both governing bodies and duly signed. Such agreement may provide for the reimbursement to the sending political subdivision for the services of the law enforcement officers to be sent and any other expenses involved in such sending.

"(c)       When law enforcement officers are sent to another political subdivision pursuant to this Section, the jurisdiction, authority, rights, privileges and immunities, including coverage under the Workmen's Compensation laws, which they have in the sending political subdivision shall be extended to and include the area in which like benefits and authorities are or could be afforded to the law enforcement officers of the requesting political subdivision and the area between the two political subdivisions when said officer or officers are acting within the scope of the authority conferred by this Section. When so sent they shall have the same authority to make arrests and to execute criminal process as is vested by law in the law enforcement officers of the requesting political subdivision, but this Section shall not extend the effect of the laws of the sending political subdivision."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 21st day of June, 1967.