GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2019

 

SESSION LAW 2019-193

HOUSE BILL 760

 

 

AN ACT to expand the investigative authority of loss prevention workers AND TO CLARIFY REQUIREMENTS AND DEFENSES FOR PROSECUTION OF OBTAINING PROPERTY BY FALSE PRETENSES.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.(a)  G.S. 74C‑3 reads as rewritten:

"§ 74C‑3.  Private protective services profession defined.

(b)        "Private protective services" shall not include any of the following:

(14)      An employee of a security department of a private business or other employee whose primary duty involves loss prevention or that conducts investigations exclusively on matters internal to the business affairs of the business.business or related to the location, disposition, or recovery of lost or stolen property reasonably believed to be owned by the business.

…."

SECTION 1.(b)  This section becomes effective October 1, 2019.

SECTION 2.(a)  G.S. 14‑100 is amended by adding a new subsection to read:

"(b1)    In any prosecution for violation of this section, the State is not required to establish that all of the acts constituting the crime occurred in this State or within a single city, county, or local jurisdiction of this State, and it is no defense that not all of the acts constituting the crime occurred in this State or within a single city, county, or local jurisdiction of this State."

SECTION 2.(b)  This section becomes effective December 1, 2019, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

SECTION 3.  Except as otherwise provided, this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 1st day of August, 2019.

 

 

                                                                    s/  Carl Ford

                                                                         Presiding Officer of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Roy Cooper

                                                                         Governor

 

 

Approved 3:38 p.m. this 9th day of August, 2019