GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1274

Short Title:  Sheriffs' Penalties Changes.	(Public)
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Sponsors: Representative Dawkins.
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Referred to:  Judiciary.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT THE CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO RETURN PROCESS OR MAKING A FALSE RETURN APPLY ONLY TO INDIVIDUALS WHO PERSONALLY COMMIT INTENTIONAL VIOLATIONS AND TO REPEAL THE CIVIL PENALTY FOR SHERIFFS WHO FAIL OR NEGLECT TO PERFORM THEIR DUTIES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-242 reads as rewritten:
"§ 14-242. Failing to return process or making false return.
If any sheriff, deputy, or other officer, whether State or municipal, or any person who presumes to act as any such officer, not being by law authorized so to do, willfully refuses to return any precept, notice or process, to him tendered or delivered, which it is his duty to execute, or willfully makes a false return thereon, the person who willfully refused to make the return or willfully made the false return shall be personally liable for damages of not more than one hundred dollars ($100.00), and shall be guilty of a misdemeanor."
Sec. 2.  G.S. 162-50 reads as rewritten:
"§ ¨."
Sec. 3.  This act shall become effective October 1, 1989, and shall apply to offenses committed on or after that date.