NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 645

HOUSE BILL 603

 

 

AN ACT TO AMEND CHAPTER 18 OF THE GENERAL STATUTES TO PROVIDE THAT CERTAIN EMPLOYEES OF THE STATE BOARD OF ALCOHOLIC CONTROL BE COMMISSIONED SPECIAL PEACE OFFICERS AND TO DEFINE THEIR DUTIES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Article 3 of Chapter 18, as the same appears in Volume 1C of the General Statutes and the 1959 Cumulative Supplement thereto, is hereby amended by adding four new Sections, immediately following G.S. 18‑39, to be designated as G.S. 18‑39.1, G.S. 18‑39.2, G.S. 18‑39.3, and G.S. 18‑39.4, and to read as follows:

"G.S. 18‑39.1.  Authority to appoint special peace officers. The State Board of Alcoholic Control is hereby authorized and empowered to commission as special peace officers, such regular employees as the State Board of Alcoholic Control may designate for the purpose of enforcing the provisions of Chapter 18 of the General Statutes. Such employees shall receive no additional compensation for performing the duties of peace officer.

"G.S. 18‑39.2.  Powers of arrest. Any regular employee of the State Board of Alcoholic Control commissioned as a special peace officer shall have the right to arrest with warrant any person violating the provisions of Chapter 18 of the General Statutes and shall have power to pursue and arrest without warrant any person violating in his presence any of the provisions of Chapter 18 and any breach of the peace including public drunkenness connected to or associated with the enforcement of the provision of Chapter 18. All special peace officers appointed by the State Board of Alcoholic Control shall have jurisdiction in any county or municipality which has adopted any segment of the Alcoholic Beverage Control Laws, and upon request of the sheriff or other lawful officer in another county, is authorized to go into such other county and assist in enforcing the provisions of Chapter 18.

"G.S. 18‑39.3.  Bonds required. Each employee of the State Board of Alcoholic Control commissioned as a special peace officer under this Chapter shall give a bond with a good surety, payable to the State of North Carolina, in a sum not less than one thousand dollars ($1,000.00), conditioned upon the faithful discharge of his duty as such peace officer. The bond shall be duly approved by and filed in the office of the insurance commissioner, and received in evidence in all actions and proceedings in this State.

"G.S. 18‑39.4.  Oaths required. Before any employee of the State Board of Alcoholic Control, commissioned as a special peace officer, shall exercise any power of arrest under this Chapter, he shall take the oath required of public officers before an officer authorized to administer oaths."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after July 1, 1961.

In the General Assembly read three times and ratified, this the 6th day of June, 1961.