GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 887

Short Title:  County Police Force.	(Public)

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Sponsors: Representative Capps.

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Referred to:  State Government.

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April 12, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A COUNTY MAY ESTABLISH A COUNTY POLICE FORCE SUBJECT TO THE APPROVAL OF THE QUALIFIED VOTERS OF THE COUNTY.
The General Assembly of North Carolina enacts:
Section 1.  Article 10 of Chapter 153A of the General Statutes is amended by adding a new Part to read:
"Part 1A.  County Police.
"§ 153A-213.  County police authorized; referendum to approve county law enforcement plan; oath of office; holding other office; powers and duties of policemen.
(a)	A county may establish a county law enforcement plan, appoint a county chief of police, and employ other police officers who may reside outside the limits of the county unless the board of county commissioners provides otherwise, subject to the approval of the qualified voters of the county.
(b)	Upon development by the board of county commissioners of a proposed plan for law enforcement within the county, the board of county commissioners shall direct the county board of elections to conduct a referendum on the question of whether the county may establish a county police force.  The election shall be conducted in accordance with the procedures of G.S. 163-287.  The form of the question to be presented on the ballot for a special election concerning establishment of a county police force as authorized by this Part shall be:
'[  ]  FOR   [  ]  AGAINST
Establishment of a county police force to provide law enforcement services within the county.'
(c)	Each person appointed or employed as a county police chief or county police officer shall take and subscribe before some person authorized by law to administer oaths the oath of office required by Article VI, Sec. 7, of the Constitution. The oath shall be filed with the clerk of the board of county commissioners. The offices of county police officer and county police chief are hereby declared to be offices that may be held concurrently with any other appointive office pursuant to Article VI, Sec. 9, of the Constitution.
(d)	As a peace officer, a county police officer shall have within the limits of the county all of the powers invested in law enforcement officers by statute or common law. A county police officer shall also have power to serve all civil and criminal process that may be directed to the police officer by any officer of the General Court of Justice and may enforce the ordinances and regulations of the county as the board of county commissioners may direct.
"§ 153A-214.  Training and development programs.
A county shall have authority to plan and execute training and development programs for county law enforcement agencies, and for that purpose may:
(1)	Contract with other cities, counties, and the State and federal governments and their agencies;
(2)	Accept, receive, and disburse funds, grants, and services;
(3)	Create joint agencies to act for and on behalf of participating counties and cities;
(4)	Make applications for, receive, administer, and expend federal grant funds; and
(5)	Appropriate and expend available tax or nontax funds."
Sec. 2.  This act is effective upon ratification.