NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

CHAPTER 72

HOUSE BILL 278

AN ACT TO AUTHORIZE THE SHERIFF OF COLUMBUS COUNTY, WITH THE APPROVAL OF THE COUNTY COMMISSIONERS, TO APPOINT SPECIAL DEPUTY SHERIFFS FOR PRIVATE EMPLOYMENT.

The General Assembly of North Carolina do enact:

Section 1.  Any county board or agency, or any educational institution or hospital, or any person, firm or corporation may apply to the Sheriff of Columbus County to appoint persons as special deputy sheriffs to act as policemen to afford security for its premises.

An application shall be filed with the sheriff setting forth the name and address of the person or persons to be appointed, the name, location, address, type of premises, and such other information as the sheriff and board of county commissioners may require.

The sheriff, with the approval of the county commissioners, may appoint such person or persons as they deem proper as special deputy sheriffs. The appointment shall be in writing and for a period not to exceed two years. The sheriff, with the approval of the county commissioners, may terminate the appointment at will.

The persons appointed shall not be considered as employees of the sheriff or the county, and the county or sheriff shall not be held liable for the acts of the persons appointed. The person, firm, corporation, board, agency, hospital or educational institution shall be civilly liable for the acts of such special deputies in exercising or attempting to exercise the powers conferred by this act.

Sec. 2.  Every deputy so appointed shall, before entering upon the duties of his office, take and subscribe the usual oath for police officers and shall file with the county commissioners a bond in the sum of twenty-five hundred dollars ($2,500), payable to the State of North Carolina, conditioned upon the faithful performance of the duties of his office.

Such deputies, while in the performance of the duties of their employment, shall possess all the powers of municipal or county police officers to make arrests for both felonies and misdemeanors, but only as follows:

1.         Upon the property described in the application which is owned, or in the possession and control of the deputy's employer.

2.         Upon any other premises while in hot pursuit of any person or persons for any criminal offense committed upon the property described in the application.

Sec. 3. The compensation of such deputies shall be paid by persons for whom the deputies are appointed, as may be agreed on between them; however, the employer shall file with the sheriff and county board of commissioners a copy of the compensation agreement.

Sec. 4. The deputies shall, while on duty, wear in plain view a badge or shield with the words "Special Police" inscribed thereon.

Sec. 5.  This act shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 10th day of March, 1971.