North Carolina § 160A-288 - 2. Assistance to State law-enforcement agencies.

§ 160A-288. 2. Assistance to State law-enforcement agencies.

Unless specifically prohibited or limited by an ordinance officially adopted by the governing body of the city or county by which the officer is employed, appointed, or elected to serve, the head of any local law-enforcement agency may temporarily provide assistance to a State law-enforcement agency in enforcing the laws of North Carolina if so requested in writing by the head of the State agency. The assistance may comprise allowing officers of the local agency to work temporarily with officers of the State agency (including in an undercover capacity) and lending equipment and supplies. While working with the State agency under the authority of this section, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and the payment of judgments) as the officers of the State agency in addition to those the officer normally possesses. While on duty with the State agency, the officer shall be subject to the lawful operational commands of the officer's superior officers in the State agency, but the officer shall for personnel and administrative purposes, remain under the control of the local agency, including for purposes of pay. The officer shall furthermore be entitled to workers' compensation and the same benefits when acting pursuant to this section to the same extent as though the officer were functioning within the normal scope of the officer's duties. As used in this section: "Head" means any director or chief officer of any State or local law-enforcement agency including the chief of police of a local department, chief of police of a county police department, and the sheriff of a county, or an officer of the agency to whom the head of that agency has delegated authority to make or grant requests under this section, but only one officer in the agency shall have this delegated authority at any time. "Local law-enforcement agency" means any municipal police department, a county police department, or a sheriff's office. "State law-enforcement agency" means any State agency, force, department, or unit responsible for enforcing criminal laws. This section in no way reduces the jurisdiction or authority of State law-enforcement officers. For the purposes of this section, the following shall be considered the equivalent of a municipal police department: Campus law-enforcement agencies established pursuant to G.S. 116-40.5(a). Colleges or universities which are licensed, or exempted from licensure, by G.S. 116-15 and which employ company police officers commissioned by the Attorney General pursuant to Chapter 74E or Chapter 74G of the General Statutes. Repealed by Session Laws 2013-360, s. 16B.4(e), effective July 1, 2013. History (1981, c. 878; 1989, c. 518, s. 3; 1991, c. 636, s. 3; 1991 (Reg. Sess., 1992), c. 1043, s. 7; 2005-231, s. 9; 2006-159, s. 5; 2011-260, s. 5; 2011-326, s. 10; 2013-360, s. 16B.4(e); 2018-87, s. 2.) Cross References. - As to the employment of special police officers for the territory of the Butner Advisory Council Jurisdiction, see G.S. 122C-408. Effect of Amendments. - Session Laws, 2005-231, s. 9, effective July 28, 2005, added "or Chapter 74G of the General Statutes" at the end of subdivision (d)(2). Session Laws 2006-159, s. 5, effective July 23, 2006, added "G.S. 116-40.5(a)" at the end of subdivision (d)(1); and added subdivision (d)(3). Session Laws 2011-260, s. 5, effective June 23, 2011, substituted "Safety Authority" for "Safety" in subdivision (d)(3). Session Laws 2011-326, s. 10, effective June 27, 2011, deleted "G.S. 116-40.5(a) and" preceding "G.S. 116-40.5(a)" in subdivision (d)(1). Session Laws 2013-360, s. 16B.4(e), effective July 1, 2013, deleted subdivision (d)(3). Session Laws 2018-87, s. 2, effective June 25, 2018, rewrote the first sentence of subsection (a), made gender-neutral changes in the third through fifth sentences of subsection (a), and substituted "sheriff's office" for "sheriff's department" in subdivision (b)(2).