GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 427
The General Assembly of North Carolina enacts:
Section 1. Article 13 of Chapter 160A of the North Carolina General Statutes with the exceptions contained herein, is hereby declared to be applicable to the Eastern Band of Cherokee Indians.
Sec. 2. For the purposes of the application of Article 13 of Chapter 160A of the North Carolina General Statutes, the following terms contained therein shall be construed as follows:
(a) "City" shall be construed to mean the Eastern Band of Cherokee Indians.
(b) "Council" or "governing body" shall be construed to mean the Tribal Council of the Eastern Band of Cherokee Indians.
(c) "City clerk" shall be construed to mean the clerk of the Tribal Council of the Eastern Band of the Cherokee Indians.
(d) "Corporate limits of the city" shall be construed to mean the boundaries of the trust lands of the Eastern Band of the Cherokee Indians wherever located within the State of North Carolina.
(e) "Law enforcement agency" or "local law enforcement agency" shall be construed to include the police department of the Eastern Band of the Cherokee Indians.
Sec. 3. Notwithstanding the provisions of G.S. 160A-286, the extraterritorial jurisdiction of the policeman of the police department of the Eastern Band of Cherokee Indians shall be:
(a) on all property owned by or leased to the Eastern Band of Cherokee Indians located within the trust lands of the Eastern Band of the Cherokee Indians.
(b) during the immediate and continuous flight of an offender in accordance with G.S. 15A-402(d).
Sec. 4. (a) Any person appointed or employed as Chief of Police, policeman, or auxiliary policeman shall, prior to the exercise of his authority pursuant to Article 13 of Chapter 160A of the North Carolina General Statutes, comply with the provisions of Chapter 17C of the North Carolina General Statutes and any rules or regulations adopted pursuant to the authority of Chapter 17C of North Carolina. The Courts of the State of North Carolina shall have the jurisdiction pursuant to G.S. 17C-11 to enjoin the police department of the Eastern Band of Cherokee Indians or any officer employed or appointed by said department from exercising any or all of the authority under color of State law conferred by Article 13 of Chapter 160A of the North Carolina general Statutes if any such officer of said department fails to meet the required standards established pursuant to Chapter 17C of the General Statutes of North Carolina.
(b) Service as chief of police, policeman, or auxiliary policeman pursuant to Article 13 of Chapter 160A of the North Carolina General Statutes with the police department of the Eastern Band of Cherokee Indians shall constitute service as a "criminal justice officer" as defined in G.S. 17C-2(c).
Sec. 5. Any police officer employed or appointed as chief of police, policeman, or auxiliary policeman of the police department of the Eastern Band of Cherokee Indians may be enjoined from exercising his authority under color of state law pursuant to Article 13 of Chapter 160A of the North Carolina General Statutes for the reasons set forth in G.S. 128-16 and pursuant to the provisions of Article 2 of Chapter 128 of the North Carolina General Statutes.
Sec. 6. Nothing contained herein or in Article 13 of Chapter 160A of the North Carolina General statutes shall be construed as limiting or revoking the authority of the Eastern Band of Cherokee Indians, the police department of the Eastern Band of Cherokee Indians or any of the officers or employees of either entity in the exercise of their inherent powers of self-government, or the exercise of authority conferred by federal law or regulation, or by common law.
Sec. 7. Nothing contained herein or in Article 13 of Chapter 160A of the North Carolina General Statutes shall be construed as modifying, either by way of enlargement or limitation, the jurisdiction of the Court of Indian Offenses for the Eastern Band of the Cherokee Indians.
Sec. 8. Nothing contained herein shall be construed as modifying, either by way of enlargement or limitation, the jurisdiction or authority of any federal, State, or local law enforcement agency, governmental entity, or any of their officers or employees, except the Eastern Band of Cherokee Indians, the police department of the Eastern Band of Cherokee Indians, and their officers and employees to the extent set forth herein.
Sec. 9. Service as a Chief of Police, or police officer of the police department of the Eastern Band of Cherokee Indians pursuant to Article 13 of Chapter 160A of the North Carolina General Statutes shall constitute service as a "law enforcement officer" for purposes of Article 12E of Chapter 143 of the North Carolina General Statutes. "Employer" as defined in Article 12E of Chapter 143 of the North Carolina General Statutes shall be construed to include the Eastern Band of Cherokee Indians with respect to the Chief of Police and police officers of the Eastern Band of Cherokee Indians.
Sec. 10. G.S. 128-1.1(c) is hereby amended by inserting between the word "system" and the word "is" the following:
"or is commissioned as a special officer or deputy special officer of the United States Bureau of Indian Affairs".
Sec. 11. Chapter 566 of the 1969 Session Laws is hereby repealed.
Sec. 12. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 19th day of June, 1987.