NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 1323

HOUSE BILL 1798

 

 

AN ACT TO PROVIDE LIABILITY PROTECTION FOR STATE PATROL AND ALL OTHER STATE LAW ENFORCEMENT OFFICERS FOR ACTS DONE IN THE LINE OF DUTY.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 20-194 is hereby amended by designating the now existing section as subsection (a) and adding a new subsection to be designated subsection (b) and to read as follows:

"(b)      In the event that a member of the Highway Patrol or any other State law enforcement officer is sued in a civil action as an individual for acts occurring while such member was alleged to be acting within the course and scope of his office, employment, service, agency or authority, which was alleged to be a proximate cause of the injury or damage complained of, the Attorney General is hereby authorized to defend such employee through the use of a member of his staff or, in his discretion, employ private counsel, subject to the provisions of Article 31A of Chapter 143 and Section 147-17 of the General Statutes of North Carolina. Any judgment rendered as a result of said civil action against such member of the Highway Patrol or other State law enforcement officer, for acts alleged to be committed within the course and scope of his office, employment, service, agency or authority shall be paid as an expense of administration up to the limit provided in the Tort Claims Act."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 12th day of April, 1974.