North Carolina § 143B-930 - Criminal history background investigations; fees.

§ 143B-930. Criminal history background investigations; fees.

When the Department of Public Safety determines that any person is entitled by law to receive information, including criminal records, from the State Bureau of Investigation, for any purpose other than the administration of criminal justice, the State Bureau of Investigation shall charge the recipient of such information a reasonable fee for retrieving such information. The fee authorized by this section shall not exceed the actual cost of storing, maintaining, locating, editing, researching and retrieving the information, and may be budgeted for the support of the State Bureau of Investigation. As used in this section, "administration of criminal justice" means the performance of any of the following activities: the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of persons suspected of, accused of or convicted of a criminal offense. The term also includes screening for suitability for employment, appointment or retention of a person as a law enforcement or criminal justice officer or for suitability for appointment of a person who must be appointed or confirmed by the General Assembly, the Senate, or the House of Representatives. In providing criminal history record checks, the Department of Public Safety shall process requests in the following priority order: Administration of criminal justice record checks, Mandatory noncriminal justice criminal history record checks, Voluntary noncriminal justice criminal history record checks. Nothing in this section shall be construed as enlarging any right to receive any record of the State Bureau of Investigation. Such rights are and shall be controlled by G.S. 143B-919, 143B-906, 120-19.4A, and other applicable statutes. History (1979, c. 816; 1981, c. 832, s. 1; 1987, c. 867, s. 1; 1995 (Reg. Sess., 1996), c. 606, s. 4; 2002-126, s. 29A.12(a); 2003-214, s. 1(2); 2014-100, s. 17.1(m), (o), (zz); 2015-267, s. 1(b).) Editor's Note. - Session Laws 2003-214, s. 1(2), effective June 19, 2003, redesignated G.S. 114-19.1 through 114-19.11 as Part 2 of Article 4 of Chapter 114 , under the heading "Criminal History Record Checks." Session Laws 2005-276, s. 15.5(a), provides: "The Department of Justice shall report by January 15 each year to the Joint Legislative Commission on Governmental Operations, the Chairs of the Senate and House of Representatives Appropriations Committees, and the Chairs of the Senate and House of Representatives Appropriations Subcommittees on Justice and Public Safety on the receipts, costs for, and number of criminal record checks performed in connection with applications for concealed weapons permits. The report by the Department of Justice shall also include information on the number of applications received and approved for firearms safety courses." For prior similar provisions, see Session Laws 2003-284, s. 14.5(a). Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'." Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium." Session Laws 2005-276, s. 46.5, is a severability clause. Session Laws 2014-100, s. 17.1(m), recodified former G.S. 114-19.1 through G.S. 114-50 as Subpart D of Part 4 of Article 13 of Chapter 143B , G.S. 143B-930 through G.S. 143B-981, and further provides "Statutory sections of the former statutes that were reserved for future codification shall have corresponding sections that are reserved for future codification in the recodified statutes." Historical citations and annotations to former sections have been set out in the new sections where appropriate. Session Laws 2014-100, s. 17.1(hhhh), made this Subpart effective July 1, 2014. This section was formerly G.S. 114-19.1. It was recodified as G.S. 143B-930 by Session Laws 2014-100, s. 17.1(m), 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(o), effective July 1, 2014, substituted "Department of Public Safety" for "Department of Justice" in the first sentence in subsection (a) and in subsection (c). Session Laws 2014-100, s. 17.1(zz), effective July 1, 2014, substituted "G.S. 143B-919, 143B-906, 120-19.4A" for "G.S. 114-15, G.S. 114-19, G.S. 120-19.4A" in the second sentence in subsection (d). Session Laws 2015-267, s. 1(b), effective July 1, 2015, inserted "storing, maintaining" in the second sentence of subsection (a).