NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 816

HOUSE BILL 604

AN ACT TO AUTHORIZE THE STATE BUREAU OF INVESTIGATION TO CHARGE A FEE FOR PERFORMING CERTAIN BACKGROUND INVESTIGATIONS.

The General Assembly of North Carolina enacts:

Section 1.  Article 4 of Chapter 114 of the General Statutes as the same appears in 1978 Replacement Volume 3A (Part II) is hereby amended by adding thereto the following new Section 114-19.1:

"§ 114-19.1.  Fees for performing certain background investigations. — When the Department of Justice 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 subsection shall not exceed the actual cost of 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.

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. 114-15, G.S. 114‑19 and other applicable statutes."

Sec. 2.  This act shall become effective July 1, 1979.

In the General Assembly read three times and ratified, this the 7th day of June, 1979.