North Carolina § 143B-905 - Criminal Information Network.

§ 143B-905. Criminal Information Network.

The Department of Public Safety is authorized to establish, devise, maintain and operate a system for receiving and disseminating to participating agencies information collected, maintained and correlated under authority of G.S. 143B-902. The system shall be known as the Criminal Information Network. The Department of Public Safety is authorized to cooperate with the Division of Motor Vehicles, Department of Administration, and other State, local and federal agencies and organizations in carrying out the purpose and intent of this section, and to utilize, in cooperation with other State agencies and to the extent as may be practical, computers and related equipment as may be operated by other State agencies. The Department of Public Safety, after consultation with participating agencies, shall adopt rules and regulations governing the organization and administration of the Criminal Information Network, including rules and regulations governing the types of information relating to the administration of criminal justice to be entered into the system, and who shall have access to such information. The rules and regulations governing access to the Criminal Information Network shall not prohibit an attorney who has entered a criminal proceeding in accordance with G.S. 15A-141 from obtaining information relevant to that criminal proceeding. The rules and regulations governing access to the Criminal Information Network shall not prohibit an attorney who represents a person in adjudicatory or dispositional proceedings for an infraction from obtaining the person's driving record or criminal history. The Department may impose monthly fees on participating agencies. The monthly fees collected under this subsection shall be used to offset the cost of operating and maintaining the Criminal Information Network. The Department may impose a monthly circuit fee on agencies that access the Criminal Information Network through a circuit maintained and operated by the Department of Public Safety. The amount of the monthly fee is three hundred dollars ($300.00) plus an additional fee amount for each device linked to the Network. The additional fee amount varies depending upon the type of device. For a desktop device after the first seven desktop devices, the additional monthly fee is twenty-five dollars ($25.00) per device. For a mobile device, the additional monthly fee is twelve dollars ($12.00) per device. The Department may impose a monthly device fee on agencies that access the Criminal Information Network through some other approved means. The amount of the monthly device fee varies depending upon the type of device. For a desktop device, the monthly fee is twenty-five dollars ($25.00) per device. For a mobile device, the fee is twelve dollars ($12.00) per device. History (1969, c. 1267, s. 2; 1975, c. 716, s. 5; 1977, c. 836; 1993, c. 39, s. 1; 2005-276, ss. 43.4(a), 43.4(b); 2011-145, s. 19.1(h); 2012-83, s. 36; 2012-182, s. 1; 2014-100, s. 17.1(h), (vv).) State Government Reorganization. The Police (now Criminal) Information Network was transferred to the Department of Justice by G.S. 143A-55 , enacted by Session Laws 1971, c. 864. Editor's Note. - This section was formerly G.S. 114-10.1. It was recodified as G.S. 143B-905 by Session Laws 2014-100, s. 17.1(h), effective July 1, 2014. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2014-100, s. 17.1(vv), effective July 1, 2014, rewrote the section. Session Laws 2005-276, s. 43.4(a), effective August 13, 2005, added subsection (d). Session Laws 2005-276, s. 43.4(b), effective January 1, 2006, substituted "twelve dollars ($12.00)" for "six dollars ($6.00)" in subdivisions (d)(1) and (d)(2). Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction" in subsection (b). Session Laws 2012-83, s. 36, effective June 26, 2012, substituted "the Department of Public Safety," for "Division of Adult Correction of the Department of Public Safety" in subsection (b). Session Laws 2012-182, s. 1, effective July 12, 2012, substituted "Division of Criminal Information Network" for "Police Information Network" and "The Division of Criminal Information" for "The Attorney General" throughout the section; and in the first sentence of subsection (a), substituted "Division of Criminal Information" for "Division of Criminal Statistics" and "operate" for "operate, under the control and supervision of the Attorney General,".