GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-398
The General Assembly of North Carolina enacts:
Section 1. Article 5A of Chapter 14 of the General Statutes reads as rewritten:
"ARTICLE 5A.
"Endangering Executive and Legislative Executive,
Legislative,
and Court Officers.
"§
14-16.6. Assault on executive or legislative executive,
legislative, or court officer.
(a) Any person who
assaults any legislative officer named in G.S. 147-2(1), (2), or (3) or any officer,
executive officer named in G.S. 147-3(c), officer, or court
officer, or any person who makes a violent attack upon the residence,
office, temporary accommodation or means of transport of any legislative
officer named in G.S. 147-2(1), (2), or (3) or any executive officer named in
G.S. 147-3(c) one of those officers in a manner likely to endanger such
legislative officer or executive the officer, shall be guilty of a
felony and shall be punished as a Class I felon.
(b) Any person who commits an offense under subsection (a) and uses a deadly weapon in the commission of that offense shall be punished as a Class F felon.
(c) Any person who
commits an offense under subsection (a) and inflicts serious bodily injury to
any legislative officer named in G.S. 147-2(1), (2), or (3) or any officer,
executive officer as named in G.S. 147-3(c) officer, or court officer,
shall be punished as a Class F felon.
"§
14-16.7. Threats against executive or legislative executive,
legislative, or court officers.
(a) Any person who
knowingly and willfully makes any threat to inflict serious bodily injury upon
or to kill any legislative officer named in G.S. 147-2(1), (2), or (3) or
any officer, executive official officer, as named
in G.S. 147-3(c), or court officer, shall be guilty of a felony and
shall be punished as a Class I felon.
(b) Any person who
knowingly and willfully deposits for conveyance in the mail any letter,
writing, or other document containing a threat to inflict serious bodily injury
upon or to kill any legislative officer named in G.S. 147-2(1), (2), or (3)
or any officer, executive official officer, named
in G.S. 147-3(c), or court officer, shall be guilty of a felony and
shall be punished as a Class I felon.
"§ 14-16.8. No requirement of receipt of the threat.
In prosecutions under G.S. 14-16.7 of this Article it shall
not be necessary to prove that any legislative officer named in G.S.
147-2(1), (2), or (3) or any officer, executive official as named
in G.S. 147- 3(c) officer, or court officer actually received the
threatening communication or actually believed the threat.
"§ 14-16.9. Officers-elect to be covered.
Any person who has been elected to any office covered by this Article but has not yet taken the oath of office shall be considered to hold the office for the purpose of this Article and G.S. 114-1.
"§ 14-16.10. Definitions.
The following definitions apply in this Article:
(1) Court officer. - Magistrate, clerk of superior court, acting clerk, assistant or deputy clerk, judge, or justice of the General Court of Justice; district attorney, assistant district attorney, or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney; public defender or assistant defender; court reporter; court counselor as defined in G.S. 7B-1501(5).
(2) Executive officer. - A person named in G.S. 147-3(c).
(3) Legislative officer. - A person named in G.S. 147-2(1), (2), or (3)."
Section 2. G.S. 114-15(a) reads as rewritten:
"(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 violence in the State; shall
investigate all cases arising from frauds in connection with elections when
requested to do so by the Board of Elections, and when so directed by the
Governor. Such investigation, however, shall in nowise interfere with the power
of the Attorney General to make such investigation as he is authorized to make
under the laws of the State. The Bureau is authorized further, at the request
of the Governor, to investigate cases of frauds arising under the Social
Security Laws of the State, of violations of the gaming laws, and lottery laws,
and matters of similar kind when called upon by the Governor so to do. In all
such cases it shall be the duty of the Department to keep such records as may
be necessary and to prepare evidence in the cases investigated, for the use of
enforcement officers and for the trial of causes. The services of the Director
of the Bureau, and of his assistants, may be required by the Governor in
connection with the investigation of any crime committed anywhere in the State
when called upon by the enforcement officers of the State, and when, in the
judgment of the Governor, such services may be rendered with advantage to the
enforcement of the criminal law. The State Bureau of Investigation is hereby
authorized to investigate without request the attempted arson of, or arson of,
damage of, theft from, or theft of, or misuse of, any State-owned personal
property, buildings, or other real property or any assault upon or threats
against any legislative officer named in G.S. 147-2(1), (2), or (3)or (3),
any executive officer named in G.S. 147-3(c). 147-3(c), or any
court officer as defined in G.S. 14-16.10(1). The Bureau also is
authorized at the request of the Governor to conduct a background investigation
on a person that the Governor plans to nominate for a position that must be
confirmed by the General Assembly, the Senate, or the House of Representatives.
The background investigation of the proposed nominee shall be limited to an
investigation of the person's criminal record, educational background,
employment record, records concerning the listing and payment of taxes, and
credit record, and to a requirement that the person provide the information
contained in the statements of economic interest required to be filed by
persons subject to Executive Order Number 1, filed on January 31, 1985, as
contained on pages 1405 through 1419 of the 1985 Session Laws (First Session,
1985). The Governor must give the person being investigated written notice that
he intends to request a background investigation at least 10 days prior to the
date that he requests the State Bureau of Investigation to conduct the
background investigation. The written notice shall be sent by regular mail, and
there is created a rebuttable presumption that the person received the notice
if the Governor has a copy of the notice."
Section 3. This act becomes effective December 1, 1999, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 20th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 9:17 p.m. this 5th day of August, 1999