North Carolina § 143B-915 - Bureau of Investigation created; powers and duties.

§ 143B-915. Bureau of Investigation created; powers and duties.

In order to secure a more effective administration of the criminal laws of the State, to prevent crime, and to procure the speedy apprehension of criminals, there is established the State Bureau of Investigation, which shall be administratively located in the Department of Public Safety. The Bureau shall be an independent agency under the direction and supervision of the Director, who shall serve as chief executive officer of the Bureau and shall be solely responsible for all management functions. Notwithstanding any provisions to the contrary, the Director shall have such authority as is necessary to direct and oversee the Bureau, and may delegate any duties and responsibilities necessary to ensure the proper management of the Bureau. The Department of Public Safety shall provide administrative support to the Bureau. The State Bureau of Investigation shall have charge of and administer the agencies and activities herein set up for the identification of criminals, for their apprehension, and investigation and preparation of evidence to be used in criminal courts; and the said Bureau shall have charge of investigation of criminal matters herein especially mentioned, and of such other crimes and criminal procedure as the Governor may direct. In the personnel of the Bureau shall be included a sufficient number of persons of training and skill in the investigation of crime and in the preparation of evidence as to be of service to local enforcement officers, under the direction of the Governor, in criminal matters of major importance. History (1937, c. 349, s. 1; 1939, c. 315, s. 6; 2003-214, s. 1(1); 2013-360, s. 17.6( l ); 2014-100, s. 17.1(j), (ww); 2015-241, s. 16A.7(a).) Cross References. - As to Human Trafficking Commission, see G.S. 7A-54 . State Government Reorganization. - The State Bureau of Investigation was transferred to the Department of Justice by G.S. 143A-51 , enacted by Session Laws 1971, c. 864. Editor's Note. - Session Laws 2003-214, s. 1(1), effective June 19, 2003, redesignated G.S. 114-12 through 114-19 as Part 1 of Article 4 of Chapter 114 , under the heading "General Powers and Duties of the State Bureau of Investigation." Session Laws 2003-289, s. 1, provides that the Western Justice Academy is designated the Larry T. Justus Western Justice Academy in recognition of Representative Larry T. Justus's dedicated leadership in the General Assembly on justice and public safety issues and his commitment to the safety and well-being of the citizens of North Carolina. Session Laws 2009-449, s. 1(a) and (b), provides: "(a) The Department of Justice and the Wildlife Resources Commission may develop jointly a plan for the construction and operation of a firing range on land owned by the Wildlife Resources Commission. The plan may identify a tract of land in the Green River game land approved by the Wildlife Resources Commission for this purpose. The plan may provide for a firing range that can accommodate the needs of the criminal justice officers attending the Western Justice Academy, federal, State, and local agencies, community college law enforcement training, and the law enforcement officers of the Wildlife Resources Commission, as well as provide a facility for hunter safety classes supervised and conducted by the Wildlife Resources Commission. The plan may further provide for a public firing and archery range, open and accessible for public use, to be operated by the Wildlife Resources Commission. The Wildlife Resources Commission, in consultation with the Department of Justice, may present the plan developed pursuant to this section to the Chairs of the Senate and House of Representatives Appropriations Committees on or before April 1, 2010. "(b) The Department of Justice and the Wildlife Resources Commission may use receipts and other non-General Fund sources totaling up to the sum of one million dollars ($1,000,000) to provide additional funding for any project resulting from the plan authorized by this section, in addition to any funds that may be authorized or appropriated for the project by the General Assembly." Session Laws 2009-449, ss. 2 through 4, provide for the planning, construction, and funding of an indoor firing range facility on the grounds of the Larry T. Justus Western Justice Academy. Session Laws 2011-19, s. 1, provides: "This act shall be known as 'The Forensic Sciences Act of 2011.' " Session Laws 2011-19, s. 3, provides: "The State Bureau of Investigation (SBI) shall encourage and seek collaborative opportunities and grant funds for research programs, in association, whenever possible, with the university system or independent nationally recognized forensic institutions, on human observer bias and sources of human error in forensic examinations. Such programs might include studies to determine the effects of contextual bias in forensic practice (e.g., studies to determine whether and to what extent the results of forensic analysis are influenced by knowledge regarding the background of the suspect and the investigator's theory of the case). In addition, research on sources of human error should be closely linked with research conducted to quantify and characterize the amount of error. Based on the results of these studies, and in consultation with the North Carolina Forensic Sciences Advisory Board, the North Carolina State Crime Laboratory should develop standard operating procedures (that will lay the foundation for model protocols) to minimize, to the extent possible, potential bias and sources of human error in forensic science. These standard operating procedures should apply to all forensic analyses that may be used in litigation." Session Laws 2011-19, s. 4, as amended by Session Laws 2011-307, s. 8, and as amended by Session Laws 2012-168, s. 6.1, provides: "Forensic Scientists I, II, and III, forensic science supervisors, and forensic scientist managers at the State Crime Laboratory shall be required to obtain individual certification consistent with international and ISO standards within 18 months of the date the scientist becomes eligible to seek certification according to the standards of the certifying entity or by January 1, 2013, or as soon as practicable after that date unless no certification is available. All such forensic scientists shall have access to the certification process." Session Laws 2014-100, s. 17.1(hhhh), made this Subpart effective July 1, 2014. This section was formerly G.S. 114-12. It was recodified as G.S. 143B-915 by Session Laws 2014-100, s. 17.1(j), effective July 1, 2014. Session Laws 2014-100, s. 17.1(b), provides: "The remainder of the State Bureau of Investigation is hereby transferred to the Department of Public Safety as a new section within the Law Enforcement Division. This transfer shall have all of the elements of a Type II transfer, as described in G.S. 143A-6 , except as provided in G.S. 143B-927, as enacted by subsection (ttt) of this section." Session Laws 2014-100, s. 17.1(sss), provides: "Notwithstanding any other provision of law, there shall be no transfer of positions to or from the State Bureau of Investigation and no changes to the total authorized budget of the State Bureau of Investigation, as it existed on March 1, 2014, prior to the transfer of the State Bureau of Investigation to the Department of Public Safety. Under no circumstances shall funds be expended from Budget Code 23606 - Justice Seized and Forfeited Assets prior to the transfer of the State Bureau of Investigation to the Department of Public Safety, unless those expenditures were reported to the General Assembly on or before February 4, 2014. This subsection shall not apply to transfers of positions or changes to the total authorized budget of the State Bureau of Investigation that are expressly required by the Joint Conference Committee Report on the Continuation, Expansion, and Capital Budgets for Senate Bill 744 referred to in Section 38.2 of this act." Session Laws 2014-100, s. 17.1(uuu), provides: "The Alcohol Law Enforcement Section shall be relocated as a branch under the State Bureau of Investigation." Session Laws 2014-100, s. 17.1(aaaa), as amended by Session Laws 2015-241, s. 16B.7, provides: "The Department of Public Safety shall consolidate ALE and SBI Regions and Regional Offices. The Asheville Regional Office shall be operational upon completion of a new facility. All other Regional Offices shall be operational by October 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. 38.4, except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year. Session Laws 2014-100, s. 38.7, is a severability clause. Effect of Amendments. - Session Laws 2013-360, s. 17.6( l ), effective July 1, 2013, deleted "for the scientific analysis of evidence of crime" preceding "and investigation and preparation" in the first paragraph, and added the last two paragraphs. Session Laws 2014-100, s. 17.1(ww), effective July 1, 2014, rewrote the first paragraph; and deleted the former last paragraph, which read: "The State radio system shall be made available to the Bureau Laboratory for use in its work." Session Laws 2015-241, s. 16A.7(a), effective July 1, 2015, in the first paragraph, substituted "the Department of Public Safety. The Bureau shall be an independent agency under the direction and supervision of the Director, who shall serve as chief executive officer of the Bureau and shall be solely responsible for all management functions" for "the Division of Law Enforcement of the Department of Public Safety, but it shall be an independent agency under the direction and supervision of the Director of the Bureau. The Director shall be the chief executive officer of the Bureau." Legal Periodicals. - For article, "Moving Upstream: The Merits of a Public Health Law Approach to Human Trafficking," see 89 N.C.L. Rev. 447 (2011).