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North Carolina General Statutes Chapter 114 Department of Justice
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Article 1 - Attorney General.
- N.C. Gen. Stat. § 114-1. Creation of Department of Justice under supervision of Attorney General
There is hereby created a Department of Justice which shall be under the supervision and direction of the Attorney General, as authorized by Article III,...
- N.C. Gen. Stat. § 114-1.1. Common-law powers
The General Assembly reaffirms that the Attorney General has had and continues to be vested with those powers of the Attorney General that existed at...
- N.C. Gen. Stat. § 114-2. Duties
It shall be the duty of the Attorney General: (1) To defend all actions in the appellate division in which the State shall be interested,...
- N.C. Gen. Stat. § 114-2.1. Consent judgments
In litigation in which the State is interested or is a party, no consent judgment shall be entered into by the State unless and no...
- N.C. Gen. Stat. § 114-2.2. Attorney General to approve consent judgments
(a) To be effective against the State, a consent judgment entered into by the State, a State department, State agency, State institution, or a State...
- N.C. Gen. Stat. § 114-2.3. Use of private counsel limited
Every agency, institution, department, bureau, board, or commission of the State, authorized by law to retain private counsel, shall obtain written permission from the Attorney...
- N.C. Gen. Stat. § 114-2.4. Attorney General to render opinion on settlement agreements
(a) The Attorney General shall review the terms of all proposed agreements entered into by the State or a State department, agency, institution, or officer...
- N.C. Gen. Stat. § 114-2.5. Attorney General to report payment of public monies pursuant to settlement agreements and final court orders
(a) Not less than 30 days prior to the disbursement of funds received by the State or a State agency pursuant to a settlement agreement...
- N.C. Gen. Stat. § 114-2.5A. Report by the Medicaid Fraud Control Unit required annually
By September 1 of each year, the Medicaid Fraud Control Unit of the Department of Justice shall file a written report about its activities with...
- N.C. Gen. Stat. § 114-2.6. Attorney General to report on pending lawsuits in which State is a party
By April 1 and October 1 of each year, the Attorney General shall submit a report to the Chairs of the Joint Legislative Commission on...
- N.C. Gen. Stat. § 114-2.7. Reporting system and database on certain domestic-violence-related homicides; reports by law enforcement agencies required; annual report to the General Assembly
The Attorney General's Office, in consultation with the North Carolina Council for Women/Domestic Violence Commission, the North Carolina Sheriffs' Association, and the North Carolina Association...
- N.C. Gen. Stat. § 114-3. To devote whole time to duties
The Attorney General shall devote his whole time to the duties of the office and shall not engage in the private practice of law. (1929,...
- N.C. Gen. Stat. § 114-4. Assistants; compensation; assignments
The Attorney General shall be allowed to appoint from among his staff such number of assistant attorneys general as he shall deem advisable, and each...
- N.C. Gen. Stat. § 114-4.1. Repealed by Session Laws 1973, c. 702, s. 4
- N.C. Gen. Stat. § 114-4.2. Assistant attorneys general and other attorneys to assist Department of Transportation
The Attorney General is authorized to appoint from among his staff such assistant attorneys general and such other staff attorneys as he shall deem advisable...
- N.C. Gen. Stat. § 114-4.2A. Assistant attorney general assigned to State Insurance Department
Such assistant attorneys general as are assigned to the Commissioner of Insurance and the State Insurance Department by the Attorney General shall perform such additional...
- N.C. Gen. Stat. § 114-4.2B. Employment of attorney for University of North Carolina Hospitals at Chapel Hill
The Attorney General is hereby authorized to employ an attorney to be assigned by him full time to the University of North Carolina Hospitals at...
- N.C. Gen. Stat. § 114-4.2C. Employment of attorney for the Real Estate Commission
The Attorney General is hereby authorized to employ an attorney and assign him full time to the North Carolina Real Estate Commission. Such attorney shall...
- N.C. Gen. Stat. § 114-4.2D. Employment of attorney for Energy Policy Council and Energy Efficiency Program of the Department of Commerce
The Attorney General shall assign an attorney to work full time with the Energy Policy Council and Energy Efficiency Program of the Department of Commerce....
- N.C. Gen. Stat. § 114-4.2E. Repealed by Session Laws 1981, c. 859, s. 13.10, effective July 1, 1981
- N.C. Gen. Stat. § 114-4.2F. Designation of attorney specializing in the law of the handicapped
The Attorney General is authorized to designate from his staff an attorney to specialize in the law of the handicapped. The attorney so designated shall...
- N.C. Gen. Stat. § 114-4.2G. Repealed by Session Laws 2002-168, s. 6, effective October 1, 2002
- N.C. Gen. Stat. § 114-4.3. Repealed by Session Laws 1973, c. 702, s. 7
- N.C. Gen. Stat. § 114-4.4. Deputy attorneys general
The Attorney General is hereby authorized to designate from among his staff such deputy attorneys general as he shall deem advisable to perform such duties...
- N.C. Gen. Stat. § 114-5. Additional clerical help
The Attorney General shall be allowed such additional clerical help as shall be necessary; the amount of such help and the salary therefor shall be...
- N.C. Gen. Stat. § 114-6. Duties of Attorney General as to civil litigation
The Attorney General shall continue to perform all duties now required of his office by law and to exercise the duties now prescribed by law...
- N.C. Gen. Stat. § 114-7. Salary of the Attorney General
The salary of the Attorney General shall be set by the General Assembly in the Current Operations Appropriations Act. In addition to the salary set...
- N.C. Gen. Stat. § 114-8. Repealed by Session Laws 1969, c. 44, s. 89
- N.C. Gen. Stat. § 114-8.1. Attorney General interns
The Attorney General may select interns to work in the Attorney General's Office from institutions of higher education, including the constituent institutions of The University...
- N.C. Gen. Stat. § 114-8.2. Charges for legal services
The Department of Justice shall charge State boards and commissions that are totally supported by receipts from fees or surcharges for legal services rendered by...
- N.C. Gen. Stat. § 114-8.3. Attorney General to review certain contracts
(a) Except as provided in subsection (b) of this section, the Attorney General or the Attorney General's designee shall review all proposed contracts for supplies,...
- N.C. Gen. Stat. § 114-8.4. Legislative assistance to agencies and local governments
The Department of Justice may (i) prepare bills to be presented to the General Assembly at the request of the Governor and the officials and...
- N.C. Gen. Stat. § 114-8.5. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-8.6. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-8.7. Reserved for future codification purposes
Article 2 - Division of Legislative Drafting and Codification of Statutes.
- N.C. Gen. Stat. § 114-9, 114-9.1. Recodified as Article 7D of Chapter 120, G.S. 120-36.21 and G.S. 120-36.22, by Session Laws 2011-97, s. 1, effective June 1, 2011
Article 3 - Division of Criminal Statistics.
- N.C. Gen. Stat. § 114-10. Division of Criminal Statistics
The Attorney General shall set up in the Department of Justice a division to be designated as the Division of Criminal Statistics. There shall be...
- N.C. Gen. Stat. § 114-10.01. Collection of traffic law enforcement statistics
(a) In addition to the duties set forth in G.S. 114‑10, the Division of Criminal Statistics shall collect, correlate, and maintain the following information regarding...
- N.C. Gen. Stat. § 114-10.02. Collection of statistics on the use of deadly force by law enforcement officers
(a) In addition to the duties set forth in G.S. 114‑10, the Division of Criminal Statistics shall collect, maintain, and annually publish the number of...
- N.C. Gen. Stat. § 114-10.1. Police Information Network
(a) The Division of Criminal Statistics is authorized to establish, devise, maintain and operate, under the control and supervision of the Attorney General, a system...
- N.C. Gen. Stat. § 114-11. Repealed by Session Laws 1969, c. 1190, s. 57
- N.C. Gen. Stat. § 114-11.1. Repealed by Session Laws 1965, c. 310, s. 4
- N.C. Gen. Stat. § 114-11.2 through 114-11.5. Reserved for future codification purposes
Article 3A - Special Prosecution Division.
- N.C. Gen. Stat. § 114-11.6. Division established; duties
There is hereby established in the office of the Attorney General of North Carolina, a Special Prosecution Division. The attorneys assigned to this Division shall...
Article 4 - State Bureau of Investigation.
- N.C. Gen. Stat. § 114-12. Bureau of Investigation created; powers and duties
In order to secure a more effective administration of the criminal laws of the State, to prevent crime, and to procure the speedy apprehension of...
- N.C. Gen. Stat. § 114-12.1. Minority sensitivity training for law enforcement personnel
(a) The Department of Justice shall develop guidelines for minority sensitivity training for all law enforcement personnel throughout the State. The Department shall ensure that...
- N.C. Gen. Stat. § 114-13. Director of the Bureau; personnel
The Attorney General shall appoint a Director of the Bureau of Investigation, who shall serve at the will of the Attorney General, and whose salary...
- N.C. Gen. Stat. § 114-14. General powers and duties of Director and assistants
The Director of the Bureau and his assistants are given the same power of arrest as is now vested in the sheriffs of the several...
- N.C. Gen. Stat. § 114-14.1. Transfer of personnel
The Director of the State Bureau of Investigation shall have authority to transfer members of the Bureau from one locality in the State to another...
- N.C. Gen. Stat. § 114-15. Investigations of lynchings, election frauds, etc.; services subject to call of Governor; witness fees and mileage for Director and assistants
(a) The Bureau shall, through its Director and upon request of the Governor, investigate and prepare evidence in the event of any lynching or mob...
- N.C. Gen. Stat. § 114-15.1. Department heads to report possible violations of criminal statutes involving misuse of State property to State Bureau of Investigation
Any person employed by the State of North Carolina, its agencies or institutions, who receives any information or evidence of an attempted arson, or arson,...
- N.C. Gen. Stat. § 114-15.2. Use of private investigators limited
No State executive officer, department, agency, institution, commission, bureau, or other organized activity of the State that receives support in whole or in part from...
- N.C. Gen. Stat. § 114-15.3. Investigations of child sexual abuse in child care
The Director of the Bureau may form a task force to investigate and gather evidence following a notification by the director of a county department...
- N.C. Gen. Stat. § 114-16. Laboratory and clinical facilities; employment of criminologists; services of scientists, etc., employed by State; radio system
In the said Bureau there shall be provided laboratory facilities for the analysis of evidences of crime, including the determination of presence, quantity and character...
- N.C. Gen. Stat. § 114-16.1. Forensic Science Advisory Board
(a) Creation and Membership. The North Carolina Forensic Science Advisory Board (Board) is hereby established as an advisory board within the Department of Justice. The...
- N.C. Gen. Stat. § 114-16.2. North Carolina State Crime Laboratory Ombudsman
The position of ombudsman is created in the North Carolina State Crime Laboratory within the North Carolina Department of Justice. The primary purpose of this...
- N.C. Gen. Stat. § 114-17. Cooperation of local enforcement officers
All local enforcement officers are hereby required to cooperate with the said Bureau, its officers and agents, as far as may be possible, in aid...
- N.C. Gen. Stat. § 114-17.1. Repealed by Session Laws 1995, c. 507, s. 6
- N.C. Gen. Stat. § 114-18. Governor authorized to transfer activities of Central Prison Identification Bureau to the new Bureau; photographing and fingerprinting records
The records and equipment of the Identification Bureau now established at Central Prison shall be made available to the said Bureau of Investigation, and the...
- N.C. Gen. Stat. § 114-18.1. Repealed by Session Laws 2000-119, s. 6, effective December 1, 2000
- N.C. Gen. Stat. § 114-19. Criminal statistics
(a) It shall be the duty of the State Bureau of Investigation to receive and collect police information, to assist in locating, identifying, and keeping...
- N.C. Gen. Stat. § 114-19.01. Study and report on use of pseudoephedrine products to make methamphetamine
The State Bureau of Investigation shall study issues regarding the use of pseudoephedrine products to make methamphetamine, including any data on the use of particular...
- N.C. Gen. Stat. § 114-19.1. Criminal history background investigations; fees
(a) When the Department of Justice determines that any person is entitled by law to receive information, including criminal records, from the State Bureau of...
- N.C. Gen. Stat. § 114-19.2. Criminal record checks of school personnel
(a) The Department of Justice may provide a criminal record check to the local board of education of a person who is employed in a...
- N.C. Gen. Stat. § 114-19.3. Criminal record checks of providers of treatment for or services to children, the elderly, mental health patients, the sick, and the disabled
(a) Authority. The Department of Justice may provide to any of the following entities a criminal record check of an individual who is employed by...
- N.C. Gen. Stat. § 114-19.4. Criminal record checks for foster care
The Department of Justice may provide to the Division of Social Services, Department of Health and Human Services, the criminal history from the State and...
- N.C. Gen. Stat. § 114-19.5. Criminal record checks of child care providers
The Department of Justice may provide to the Division of Child Development, Department of Health and Human Services, the criminal history from the State and...
- N.C. Gen. Stat. § 114-19.6. Criminal history record checks of employees of and applicants for employment with the Department of Health and Human Services, and the Division of Juvenile Justice of the Department of Public Safety
(a) Definitions. As used in this section, the term: (1) "Covered person" means any of the following: a. An applicant for employment or a current...
- N.C. Gen. Stat. § 114-19.7. Criminal record checks required prior to placement for adoption of a minor who is in the custody or placement responsibility of a county department of social services
The Department of Justice may provide to the Division of Social Services, Department of Health and Human Services, the criminal history from the State and...
- N.C. Gen. Stat. § 114-19.8. Criminal record checks of applicants for auctioneer, apprentice auctioneer, or auction firm license
The Department of Justice may provide to the North Carolina Auctioneers Commission from the State and National Repositories of Criminal Histories the criminal history of...
- N.C. Gen. Stat. § 114-19.9. Criminal record checks of McGruff House Program volunteers
(a) Authority. The Department of Justice and the Federal Bureau of Investigation may provide to any local law enforcement agency a criminal record check of...
- N.C. Gen. Stat. § 114-19.10. Criminal record checks for adult care homes, nursing homes, home care agencies, and providers of mental health, developmental disabilities, and substance abuse services
The Department of Justice may provide to the following entities the criminal history from the State and National Repositories of Criminal Histories: (1) Nursing homes...
- N.C. Gen. Stat. § 114-19.11. Criminal record checks of applicants for licensure as registered nurses or licensed practical nurses
The Department of Justice may provide to the North Carolina Board of Nursing from the State and National Repositories of Criminal Histories the criminal history...
- N.C. Gen. Stat. § 114-19.11A. Criminal record checks of applicants for registration, certification, or licensure as a substance abuse professional
The Department of Justice may provide to the North Carolina Substance Abuse Professional Practice Board from the State and National Repositories of Criminal Histories the...
- N.C. Gen. Stat. § 114-19.11B. Criminal record checks of applicants for licensure as massage and bodywork therapists
The Department of Justice may provide to the North Carolina Board of Massage and Bodywork Therapy from the State and National Repositories of Criminal Histories...
- N.C. Gen. Stat. § 114-19.12. Criminal history record checks of applicants to fire departments and emergency medical services
(a) Definitions. The following definitions apply in this section: (1) Applicant. A person who applies for a paid or volunteer position with a fire department...
- N.C. Gen. Stat. § 114-19.13. Criminal record checks of applicants for manufactured home manufacturer, dealer, salesperson, or set-up contractor licensure
The Department of Justice may provide to the North Carolina Manufactured Housing Board from the State and National Repositories of Criminal Histories the criminal history...
- N.C. Gen. Stat. § 114-19.14. Criminal record checks for municipalities and county governments
The Department of Justice may provide to a city or county from the State and National Repositories of Criminal Histories the criminal history of any...
- N.C. Gen. Stat. § 114-19.15. Criminal record checks of applicants for locksmith licensure or apprentice designation
The Department of Justice may provide to the North Carolina Locksmith Licensing Board from the State and National Repositories of Criminal Histories the criminal history...
- N.C. Gen. Stat. § 114-19.16. Criminal record checks for the North Carolina State Lottery Commission and its Director
The Department of Justice may provide to the North Carolina State Lottery Commission and to its Director from the State and National Repositories of Criminal...
- N.C. Gen. Stat. § 114-19.17. Criminal record checks of applicants for permit or license to conduct exploration, recovery, or salvage operations and archaeological investigations
The Department of Justice may provide to the Department of Cultural Resources from the State and National Repositories of Criminal Histories the criminal history of...
- N.C. Gen. Stat. § 114-19.18. Criminal record checks of applicants for licensure and licensees
The Department of Justice may provide to the North Carolina Psychology Board from the State and National Repositories of Criminal Histories the criminal history of...
- N.C. Gen. Stat. § 114-19.19. Criminal record checks for the Judicial Department
(a) The Department of Justice may provide to the Judicial Department from the State and National Repositories of Criminal Histories the criminal history of any...
- N.C. Gen. Stat. § 114-19.20. Criminal record checks for the Office of Information Technology Services
(a) The Department of Justice may provide to the Office of Information Technology Services from the State and National Repositories of Criminal Histories the criminal...
- N.C. Gen. Stat. § 114-19.21. Criminal record checks of EMS personnel
The Department of Justice may provide to the Department of Health and Human Services the criminal history from the State and National Repositories of Criminal...
- N.C. Gen. Stat. § 114-19.22. Criminal record checks of applicants for licensure as chiropractic physicians
The Department of Justice may provide to the State Board of Chiropractic Examiners from the State and National Repositories of Criminal Histories the criminal history...
- N.C. Gen. Stat. § 114-19.23. Criminal history record checks of employees of and applicants for employment with the Department of Public Instruction
(a) Definitions. As used in this section, the term: (1) "Covered person" means any of the following: a. An applicant for employment or a current...
- N.C. Gen. Stat. § 114-19.24. Criminal record checks of applicants and of current employees who are involved in the manufacture or production of drivers licenses and identification cards
(a) The Department of Justice may, upon request, provide to the Department of Transportation, Division of Motor Vehicles, the criminal history from the State and...
- N.C. Gen. Stat. § 114-19.25. Criminal history record checks of applicants for licensure as nursing home administrators
(a) The Department of Justice may provide to the North Carolina State Board of Examiners for Nursing Home Administrators from the State and National Repositories...
- N.C. Gen. Stat. § 114-19.26. Criminal record checks of applicants for licensure as professional counselors
The Department of Justice may provide to the North Carolina Board of Licensed Professional Counselors from the State and National Repositories of Criminal Histories the...
- N.C. Gen. Stat. § 114-19.27. Criminal history record checks of applicants for licensure as marriage and family therapists and marriage and family therapy associates
The Department of Justice may provide to the North Carolina Marriage and Family Therapy Licensure Board from the State and National Repositories of Criminal Histories...
- N.C. Gen. Stat. § 114-19.28. Criminal record checks of petitioners for restoration of firearms rights
(a) A person who petitions the court to have the person's firearms rights restored shall submit a full set of the petitioner's fingerprints, to be...
- N.C. Gen. Stat. § 114-19.29. Criminal record checks of applicants for certification by the Department of Agriculture and Consumer Services as euthanasia technicians
The Department of Justice may provide a criminal record check to the Department of Agriculture and Consumer Services for a person who has applied for...
- N.C. Gen. Stat. § 114-19.30. Criminal history record checks of applicants or registrants for registration as real estate appraisal management companies
The Department of Justice may provide to the North Carolina Appraisal Board from the State and National Repositories of Criminal Histories the criminal history of...
- N.C. Gen. Stat. § 114-19.31. Criminal history record checks of applicants for a restoration of a revoked drivers license
The Department of Justice may provide to the Division of Motor Vehicles, from the State and National Repositories of Criminal Histories, the criminal history record...
- N.C. Gen. Stat. § 114-19.32. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.33. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.34. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.35. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.36. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.37. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.38. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.39. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.40. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.41. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.42. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.43. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.44. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.45. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.46. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.47. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.48. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.49. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-19.50. The National Crime Prevention and Privacy Compact
The National Crime Prevention and Privacy Compact is enacted into law and entered into with all jurisdictions legally joining in the compact in the form...
- N.C. Gen. Stat. § 114-20. Authority to provide protection to certain public officials
The North Carolina State Bureau of Investigation is authorized to provide protection to public officials who request it, and who, in the discretion of the...
- N.C. Gen. Stat. § 114-20.1. Authority to designate areas for protection of public officials
(a) The Attorney General is authorized to designate buildings and grounds which constitute temporary residences or temporary offices of any public official being protected under...
- N.C. Gen. Stat. § 114-21. Recodified as G.S. 114-12.1 by Session Laws 2003-214, s. 1(4), effective June 19, 2003
- N.C. Gen. Stat. § 114-22 through 114-25. Reserved for future codification purposes
Article 5 - Law Enforcement Officers' Minimum Salary Act.
- N.C. Gen. Stat. § 114-26 through 114-39. Repealed by Session Laws 1983, c. 781
Article 6 - Office of the Inspector General.
- N.C. Gen. Stat. § 114-40 through 114-42. Repealed by Session Laws 2001-424, s. 23.10, effective January 1, 2002
Article 7 - Methamphetamine Watch Program.
- N.C. Gen. Stat. § 114-43. Methamphetamine Watch Program - good faith actions immune from civil and criminal liability
Anyone who, in good faith, does any of the acts listed in subdivisions (1) through (3) of this section as part of a Methamphetamine Watch...
- N.C. Gen. Stat. § 114-44. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-45. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-46. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-47. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-48. Reserved for future codification purposes
- N.C. Gen. Stat. § 114-49. Reserved for future codification purposes
Article 8 - Financial Literacy Council.
- N.C. Gen. Stat. § 114-50. Financial Literacy Council established; purpose
There is established within the Department of Justice the North Carolina Financial Literacy Council (Council). The Council shall monitor and assist the Department of Public...
- N.C. Gen. Stat. § 114-51. Membership; terms; quorum
(a) The Council shall consist of 18 members appointed by and serving at the pleasure of the Governor. The Governor shall designate a chair from...
- N.C. Gen. Stat. § 114-52. Staffing
The Department of Justice shall provide administrative and staff support to the Council. (2009‑265, s. 1.)
- N.C. Gen. Stat. § 114-53. Duties
The Council shall meet at least quarterly and shall perform the following duties: (1) Study and document current financial education programs in North Carolina and...
- N.C. Gen. Stat. § 114-54. Compensation and expenses of members
Public members of the Financial Literacy Council may receive subsistence and travel expenses at the rates set forth in G.S. 138‑5 or G.S. 138‑6, as...
- N.C. Gen. Stat. § 114-55. State officers, etc., upon request, to furnish data and information to the Council
Except as provided in G.S. 105‑259, all officers, agents, agencies, and departments of the State are required to give to the Council, upon request, all...
Last modified: February 21, 2012
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