Article 17.

State Highway Patrol.

Part 1. (Effective July 1, 2025) General Provisions.

§ 143B-1700.  (Effective July 1, 2025 - see note) Organization.

(a) There is established the State Highway Patrol. The head of the State Highway Patrol is the Commander of the State Highway Patrol (Commander).

(b) The Commander shall be appointed by the Governor for a term of five years subject to confirmation by the General Assembly by joint resolution. The first full five-year term shall begin July 1, 2025. The Commander shall be appointed by the Governor from the uniformed members of the North Carolina State Highway Patrol who have met all requirements for employment within the Patrol, including completion of the basic Patrol school, and the Commander's rank shall be designated by the Governor.

The Governor shall submit the name of the person to be appointed, for confirmation by the General Assembly, to the General Assembly by May 1 of the year in which the Commander is to be appointed. If the Governor does not submit the name by that date, the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall submit a name to the General Assembly on or before May 15 of the same year. The appointment shall then be made by enactment of a bill. The bill shall state the name of the person being appointed, the office to which the appointment is being made, the effective date of the appointment, the date of expiration of the term, the residence of the appointee, and that the appointment is made upon the joint recommendation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Nothing precludes any member of the General Assembly from proposing an amendment to any bill making such an appointment. If there is no vacancy in the office of the Commander of the State Highway Patrol and a bill that would confirm the appointment of the person as Commander fails a reading in either chamber of the General Assembly, then the Governor shall submit a new name within 30 days.

(c) In case of a vacancy in the office of Commander of the State Highway Patrol for any reason prior to the expiration of the Commander's term of office, the name of the Commander's successor shall be submitted by the Governor to the General Assembly not later than 60 days after the vacancy arises. If a vacancy arises in the office when the General Assembly is not in session, an acting Commander shall be appointed by the Governor to serve pending confirmation by the General Assembly. However, in no event shall an acting Commander serve (i) for more than 12 months without General Assembly confirmation or (ii) after a bill that would confirm the appointment of the person as Commander fails a reading in either chamber of the General Assembly.

(d) The powers and duties of the chiefs, directors, and the divisions of the State Highway Patrol shall be subject to the direction and control of the Commander of the State Highway Patrol.  (1935, c. 324, s. 2; 1939, c. 387, s. 1; 1941, c. 36; 1975, c. 716, s. 5; 1977, c. 70, ss. 13, 14, 15; 2011-145, s. 19.1(g), (hh); 2015-241, s. 16A.7(i); recodified from N.C. Gen. Stat. 20-184 by 2024-57, s. 3E.1(g); 2024-57, s. 3E.1(p).)

 

§ 143B-1701.  (Effective July 1, 2025) Powers and duties of the State Highway Patrol.

It shall be the duty of the State Highway Patrol to do all of the following:

(1) To provide assigned law enforcement and emergency services to protect the public against crime and against natural and man-made disasters.

(2) To plan and direct a coordinated effort by the law enforcement agencies of State government and to ensure maximum cooperation between State and local law enforcement agencies in the fight against crime.

(3) To serve as the State's chief coordinating agency to control crime, to ensure the safety of the public, and to ensure an effective and efficient State criminal justice system.

(4) To have charge of investigations of criminal matters particularly set forth in this Article and of other crimes and areas of concern as the General Statutes or the Governor may direct.

(5) To regularly patrol the highways of the State and enforce all laws and regulations respecting travel and the use of vehicles upon the highways of the State and all laws for the protection of the highways of the State.

(6) To develop a plan for a coordinated and integrated electronic communications system for State government and cooperating local agencies, including coordination and integration of existing electronic communications systems.  (2024-57, s. 3E.1(p).)

 

§ 143B-1702.  (Effective July 1, 2025) Powers and duties of the Commander of the State Highway Patrol.

The Commander of the State Highway Patrol shall have the powers and duties as are conferred on the Commander by this Article, delegated to the Commander by the Governor, and conferred on the Commander by the Constitution and laws of this State. These powers and duties include the following:

(1) Provision of assistance to other agencies. - The Commander, through appropriate subunits of the State Highway Patrol, shall, at the request of the Governor, provide assistance to State and local law enforcement agencies, district attorneys, and judges when called upon by them and so directed.

(2) Rulemaking. - The Commander is authorized to adopt rules and procedures for the implementation of this section.

(3) Other powers and duties. - The Commander has the following additional powers and duties:

a. Adopting rules as may be required by the federal government for federal grants-in-aid for criminal justice purposes and to implement and carry out the regulatory and enforcement duties assigned to the State Highway Patrol as provided by the various commercial vehicle, oversize/overweight, motor carrier safety, motor fuel, and mobile and manufactured home statutes.

b. Appointing a special police officer to serve as Chief of the State Capitol Police Division.  (2024-57, s. 3E.1(p).)

 

Part 2. (Effective July 1, 2025) State Highway Patrol Division.

§ 143B-1705.  (Effective July 1, 2025 - see note) Personnel; appointment; salaries.

(a) Members of the State Highway Patrol Division shall be appointed by the Commander, with the approval of the Governor, and shall serve at the pleasure of the Governor and Commander. The Commander, other officers and members of the State Highway Patrol Division shall be paid such salaries as may be established by the Division of Personnel of the Department of Administration. Notwithstanding any other provision of this Article, the number of supervisory personnel of the State Highway Patrol Division shall not exceed a number equal to twenty-one percent (21%) of the personnel actually serving as uniformed highway patrolmen. Nothing in the previous sentence is intended to require the demotion, reassignment or change in status of any member of the State Highway Patrol Division presently assigned in a supervisory capacity. If a reduction in the number of Highway Patrol Division personnel assigned in supervisory capacity is required in order for the State Highway Patrol Division to meet the mandatory maximum percentage of supervisory personnel as set out in the fourth sentence of this subsection, that reduction shall be achieved through normal attrition resulting from supervisory personnel resigning, retiring or voluntarily transferring from supervisory positions.

(b) Applicants for employment as a State Trooper shall be at least 21 years of age and not more than 39 years of age as of the first day of patrol school. Highway Patrol enforcement personnel hired on or after July 1, 2013, shall retire not later than the end of the month in which their 62nd birthday falls.

(c) Positions in the State Highway Patrol Division approved by the General Assembly in the first fiscal year of a biennium to be added in the second fiscal year of a biennium may not be filled before adjustments to the budget for the second fiscal year of the budget are enacted by the General Assembly. If a position to be added in the State Highway Patrol Division for the second fiscal year of the biennium requires training, no applicant may be trained to fill the position until the budget adjustments for the second fiscal year are enacted by the General Assembly.  (1929, c. 218, s. 1; 1931, c. 381; 1935, c. 324, s. 1; 1937, c. 313, s. 1; 1941, c. 36; 1947, c. 461, s. 1; 1953, c. 1195, s. 1; 1955, c. 372; 1957, c. 1394; 1959, cc. 370, 1320; 1961, c. 833, s. 6.2; 1973, c. 59; 1975, c. 61, ss. 1, 2; c. 716, s. 5; 1977, c. 70, ss. 6-8, 13; c. 329, ss. 1-3; cc. 749, 889; 1979, 2nd Sess., c. 1272, s. 2; 1989 (Reg. Sess., 1990), c. 1066, s. 133; 2011-145, s. 19.1(g), (p); 2013-289, s. 9; 2015-241, s. 16A.7(j); recodified from N.C. Gen. Stat. 20-185 by 2024-57, ss. 3E.1(i), 3E.1(p).)

 

§§ 143B-1706 through 143B-1709.  Reserved for future codification purposes.

 

§ 143B-1710.  (Effective July 1, 2025 - see note) Trooper training; reimbursement.

(a) Trooper Training Reimbursement. - The training of State Troopers is a substantial investment of State resources that provides individuals with skills that are transferable to other law enforcement opportunities. The State may require an individual to agree in writing to reimburse a portion of the training costs incurred if the individual completes the training and becomes a State Trooper but does not remain a State Trooper for 36 months. The portion of the State's cost to be reimbursed is thirty-six thousand dollars ($36,000), less one thousand dollars ($1,000) for each month an individual served as a State Trooper and member of the State Highway Patrol.

(b) Administration. - The Commander shall perform all of the administrative functions necessary to implement the reimbursement agreements required by this section, including rule making, disseminating information, implementing contracts, and taking other necessary actions.

(c) Hardships. - No contract shall be enforced under this section if the Commander finds that it is impossible for the individual to serve as a member of the State Highway Patrol Division due to death, health-related reasons, or other hardship.

(d) Law Enforcement Agency Requirements. - If a State Trooper separates from the State Highway Patrol Division before 36 months of service following completion of the training program and the State Trooper is hired within six months of separation from the State Highway Patrol Division by a municipal law enforcement agency, a Sheriff's office, or a company police agency certified under Chapter 74E of the General Statutes, then that hiring entity is liable to the State in the amount of thirty-six thousand dollars ($36,000), to be paid in full within 90 days of the date the State Trooper is employed by the hiring entity. No hiring entity shall make any arrangement to circumvent any portion of this subsection.  (2018-5, s. 35.25(c); 2018-97, s. 8.1(a); recodified from N.C. Gen. Stat. 20-185.1 by 2024-57, ss. 3E.1(i), 3E.1(p).)

 

§ 143B-1710.1.  (Effective July 1, 2025 - see note) Annual report on trooper training reimbursement agreements.

By January 1, 2021, and annually thereafter, the Commander shall report to the Joint Legislative Oversight Committee on Justice and Public Safety regarding the following:

(1) The implementation of the trooper training reimbursement agreements required under G.S. 143B-1710.

(2) The amount of reimbursements received from individuals who did not remain employed as State Troopers for 36 months after completing training and the amount of reimbursements received from other law enforcement agencies, as required under G.S. 143B-1710(d).

(3) Program outcomes, including the turnover rate for individuals employed as State Troopers on and after the date the trooper training reimbursement agreements were implemented.  (2018-5, s. 35.25(h); 2018-97, s. 8.1(c); recodified from N.C. Gen. Stat. 143B-602.1 by 2024-57, s. 3E.1(j); 2024-57, s. 3E.1(p).)

 

§ 143B-1711.  (Effective July 1, 2025 - see note) Oath of office.

Each member of the State Highway Patrol Division shall subscribe and file with the Commander of the State Highway Patrol an oath of office for the faithful performance of the member's duties.  (1929, c. 218, s. 2; 1937, c. 339, s. 1; 1941, c. 36; 1977, c. 70, s. 9; 2011-145, s. 19.1(g); 2024-57, recodified from N.C. Gen. Stat. 20-186 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1712.  (Effective July 1, 2025 - see note) Orders and rules for organization and conduct.

The Commander is authorized and empowered to make all necessary orders, rules and regulations for the organization, assignment, and conduct of the members of the State Highway Patrol Division. Such orders, rules and regulations shall be subject to the approval of the Governor.  (1929, c. 218, ss. 1, 3; 1931, c. 381; 1933, c. 214, ss. 1, 2; 1939, c. 387, s. 2; 1941, c. 36; 1977, c. 70, s. 13; 2011-145, s. 19.1(g); 2024-57, recodified from N.C. Gen. Stat. 20-187 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1713.  (Effective July 1, 2025 - see note) Awards.

(a) The Commander shall appoint an awards committee consisting of one troop commander, one troop executive officer, one district sergeant, one corporal, two troopers and one member of patrol headquarters staff. All committee members shall serve for a term of one year. The member from patrol headquarters staff shall serve as secretary to the committee and shall vote only in case of ties. The committee shall meet at such times and places designated by the Commander.

(b) The award to be granted under the provisions of this section shall be the North Carolina State Highway Patrol award of honor. The North Carolina State Highway Patrol award of honor is awarded in the name of the people of North Carolina and by the Governor to a person who, while a member of the North Carolina State Highway Patrol, distinguishes himself conspicuously by gallantry and intrepidity at the risk of personal safety and beyond the call of duty while engaged in the preservation of life and property. The deed performed must have been one of personal bravery and self-sacrifice so conspicuous as to clearly distinguish the individual above his colleagues and must have involved risk of life. Proof of the performance of the service will be required and each recommendation for the award of this decoration will be considered on the standard of extraordinary merit.

(c) Recipients of the awards hereinabove provided for will be entitled to receive a framed certificate of the award and an insignia designed to be worn as a part of the State Highway Patrol uniform.

(d) The awards committee shall review and investigate all reports of outstanding service and shall make recommendations to the Commander with respect thereto. The committee shall consider members of the Patrol for the awards created by this section when properly recommended by any individual having personal knowledge of an act, achievement or service believed to warrant the award of a decoration. No recommendation shall be made except by majority vote of all members of the committee. All recommendations of the committee shall be in writing and shall be forwarded to the Commander.

(e) Upon receipt of a recommendation of the committee, the Commander shall inquire into the facts of the matter and shall have final authority to approve or disapprove recommendations affecting the issuance of all awards except the award of honor. All recommendations for the award of honor shall be forwarded to the Governor for final approval or disapproval.

(f) The Commander shall establish all necessary rules and regulations to fully implement the provisions of this section and such rules and regulations shall include, but shall not be limited to, the following:

(1) Announcement of awards.

(2) Presentation of awards.

(3) Recording of awards.

(4) Replacement of awards.

(5) Authority to wear award insignias.  (1967, c. 1179; 1971, c. 848; 1977, c. 70, s. 13; 2011-145, s. 19.1(g); 2024-57, recodified from N.C. Gen. Stat. 20-187.1 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1714.  (Effective July 1, 2025 - see note) Quotas prohibited.

The Commander shall not make or permit to be made any order, rule, or regulation requiring the issuance of any minimum number of traffic citations, or ticket quotas, by any member or members of the State Highway Patrol. Pay and promotions of members of the Highway Patrol shall be based on their overall job performance and not on the 7basis of the volume of citations issued or arrests made. Members of the Highway Patrol shall be subject to the salary schedule established by the Commander and shall receive longevity pay for service as applicable to other State employees generally.  (1981, c. 429; 1983 (Reg. Sess., 1984), c. 1034, ss. 106, 107; c. 1116, s. 89; 2011-145, s. 19.1(g); 2012-142, s. 25.2C(d); 2013-382, s. 9.1(c); 2018-5, s. 35.25(b); 2024-57, recodified from N.C. Gen. Stat. 20-187.3 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1715.  (Effective July 1, 2025 - see note) Trademark authorization.

The North Carolina Troopers Association is authorized to use all trademarks identifying the North Carolina State Highway Patrol held by the State Highway Patrol or its Divisions. The use authorized under this section shall be limited to purposes that support the State Highway Patrol, employees of the State Highway Patrol, and the family members of the employees of the State Highway Patrol.  (2017-57, s. 16B.8(a); recodified from N.C. Gen. Stat. 20-187.5 by 2024-57, s. 3E.1(i);2024-57, s. 3E.1(p).)

 

§ 143B-1716.  (Effective July 1, 2025 - see note) Duties of Highway Patrol.

The State Highway Patrol shall be subject to such orders, rules and regulations as may be adopted by the Commander, with the approval of the Governor, and shall regularly patrol the highways of the State and enforce all laws and regulations respecting travel and the use of vehicles upon the highways of the State and all laws for the protection of the highways of the State. To this end, the members of the Patrol are given the power and authority of peace officers for the service of any warrant or other process issuing from any of the courts of the State having criminal jurisdiction, and are likewise authorized to arrest without warrant any person who, in the presence of said officers, is engaged in the violation of any of the laws of the State regulating travel and the use of vehicles upon the highways, or of laws with respect to the protection of the highways, and they shall have jurisdiction anywhere within the State, irrespective of county lines. The State Highway Patrol shall enforce the provisions of G.S. 14-399.

The State Highway Patrol shall have full power and authority to perform such additional duties as peace officers as may from time to time be directed by the Governor, and such officers may at any time and without special authority, either upon their own motion or at the request of any sheriff or local police authority, arrest persons accused of highway robbery, bank robbery, murder, or other crimes of violence.

The Commander shall direct the officers and members of the State Highway Patrol in the performance of such other duties as may be required for the enforcement of the motor vehicle laws of the State.

Members of the State Highway Patrol, in addition to the duties, power and authority hereinbefore given, shall have the authority throughout the State of North Carolina of any police officer in respect to making arrests for any crimes committed in their presence and shall have authority to make arrests for any crime committed on any highway.

Regardless of territorial jurisdiction, any member of the State Highway Patrol who initiates an investigation of an accident or collision may not relinquish responsibility for completing the investigation, or for filing criminal charges as appropriate, without clear assurance that another law-enforcement officer or agency has fully undertaken responsibility, and in such cases he shall render reasonable assistance to the succeeding officer or agency if requested.

The State Highway Patrol recognizes the need to utilize private wrecker services to remove vehicles from public roadways as part of its public safety responsibility. In order to assure that this public safety responsibility is accomplished, the Troop Commander shall include on the Highway Patrol's rotation wrecker list only those wrecker services which agree in writing to impose reasonable charges for work performed and present one bill to the owner or operator of any towed vehicle. Towing, storage, and related fees charged may not be greater than fees charged for the same service for nonrotation calls that provide the same service, labor, and conditions.  (1929, c. 218, s. 4; 1933, c. 214, ss. 1, 2; 1935, c. 324, s. 3; 1939, c. 387, s. 2; 1941, c. 36; 1945, c. 1048; 1947, c. 1067, s. 20; 1973, c. 689; 1975, c. 716, s. 5; 1977, c. 70, ss. 10, 13; c. 887, s. 3; 2009-461, s. 3; 2011-145, s. 19.1(g); recodified from N.C. Gen. Stat. 20-188 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1717.  (Effective July 1, 2025 - see note) Patrolmen assigned to Governor's office.

The Commander, at the request of the Governor, shall assign and attach two members of the State Highway Patrol to the office of the Governor, there to be assigned such duties and perform such services as the Governor may direct. The cost of the State Highway Patrol members so assigned to the office of the Governor shall be paid from appropriations made to the State Highway Patrol.  (1941, cc. 23, 36; 1965, c. 1159; 1977, c. 70, s. 13; 1983, c. 717, s. 6; 1985 (Reg. Sess., 1986), c. 955, ss. 2, 3; 2006-203, s. 15; 2011-145, s. 19.1(g); 2012-83, s. 30; 2021-180, s. 19B.8; recodified from N.C. Gen. Stat. 20-189 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1718.  (Effective July 1, 2025 - see note) Lieutenant Governor Executive Protection Detail.

(a) Creation. - There is created within the State Highway Patrol a Lieutenant Governor's Executive Protection Detail. The Lieutenant Governor shall submit the names of three sworn members in good standing of the North Carolina Highway Patrol to the Commander, and the Commander shall assign those officers to serve in the Lieutenant Governor's Executive Protection Detail. The Lieutenant Governor is authorized to remove any members of the detail, with or without cause. If the Lieutenant Governor removes a member of the detail, the Lieutenant Governor shall submit to the Commander the name of an officer to replace the member who has been removed and the Commander shall assign the replacement. Members of the Lieutenant Governor's Executive Protection Detail shall continue to be employed by the North Carolina Highway Patrol subject to the laws, rules, and regulations of the Highway Patrol. The North Carolina Highway Patrol shall provide vehicles necessary for the carrying out of the Detail's duties under this Article.

(b) Duties. - The members of the Lieutenant Governor's Executive Protection Detail shall protect the Lieutenant Governor and the Lieutenant Governor's immediate family and perform duties as assigned by the Lieutenant Governor relating to the protection of the Lieutenant Governor.  (2017-57, s. 16B.4(a); recodified from N.C. Gen. Stat. 20-189.1 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1719.  (Effective July 1, 2025 - see note) State Highway Patrol Security Detail.

The Speaker of the House of Representatives and the President Pro Tempore of the Senate, while traveling within the State on State business, may request a security detail. The request shall be made to the Commander of the State Highway Patrol. If the request is made at least 48 hours in advance, the Commander shall provide the detail. If the request is made less than 48 hours in advance, the Commander shall provide the detail unless doing so would otherwise impair the ability of the State Highway patrol to perform its lawful duties.  (2017-57, s. 16B.9; recodified from N.C. Gen. Stat. 20-189.2 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1720.  (Effective July 1, 2025 - see note) Uniforms; motor vehicles and arms; expense incurred; color of vehicle.

The State Highway Patrol shall adopt some distinguishing uniform for the members of the State Highway Patrol Division and furnish each member of the Patrol with an adequate number of the uniforms and each member of the Patrol force when on duty shall be dressed in the uniform. The State Highway Patrol shall likewise furnish each member of the Patrol with a suitable motor vehicle, and necessary arms, and provide for all reasonable expense incurred by the Patrol while on duty, provided, that not less than eighty-three percent (83%) of the number of motor vehicles operated on the highways of the State by members of the State Highway Patrol shall be painted a uniform color of black and silver.  (1929, c. 218, s. 5; 1941, c. 36; 1955, c. 1132, ss. 1, 11/4, 13/4; 1957, c. 478, s. 1; c. 673, s. 1; 1961, c. 342; 1975, c. 716, s. 5; 1977, c. 70, s. 15; 1979, c. 229; 2011-145, s. 19.1(g); recodified from N.C. Gen. Stat. 20-190 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1721.  (Effective July 1, 2025 - see note) Patrol vehicles to have sirens; sounding siren.

Every motor vehicle operated on the highways of the State by officers and members of the State Highway Patrol shall be equipped with a siren. Whenever any such officer or member operating any unmarked car shall overtake another vehicle on the highway after sunset of any day and before sunrise for the purpose of stopping the same or apprehending the driver thereof, he shall sound said siren before stopping such other vehicle. (1957, c. 478, s. 11/2; recodified from N.C. Gen. Stat. 20-190.1 by 2024-57, s. 3E.1(i).)

 

§ 143B-1722.  (Effective July 1, 2025 - see note) Assignment of new highway patrol cars.

All new highway patrol cars, whether marked or unmarked, placed in service after July 1, 1985, shall be assigned to all members of the Highway Patrol.  (1985, c. 757, s. 165; 1987, c. 738, s. 122; 1989, c. 752, s. 114; recodified from N.C. Gen. Stat. 20-190.3 by 2024-57, s. 3E.1(i).)

 

§ 143B-1723.  (Effective July 1, 2025 - see note) Use of facilities.

Office space and other equipment and facilities of the Division of Motor Vehicles, Department of Transportation, presently being used by the State Highway Patrol shall continue to be used by the Patrol, and joint use of space, equipment and facilities between any division of the Department of Transportation and the State Highway Patrol may continue, unless such arrangements are changed by agreements between the Commander of the State Highway Patrol and the Secretary of Transportation.  (1929, c. 218, s. 6; 1937, c. 313, s. 1; 1941, c. 36; 1947, c. 461, s. 2; 1975, c. 716, s. 5; 1977, c. 70, s. 11; 2011-145, s. 19.1(g); recodified from N.C. Gen. Stat. 20-191 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1724.  (Effective July 1, 2025 - see note) Shifting of personnel from one district to another.

The Commander of the State Highway Patrol shall have authority from time to time to shift the forces from one district to another, or to consolidate more than one district force at any point for special purposes. Whenever a member of the State Highway Patrol is transferred from one point to another for the convenience of the State or otherwise than upon the request of the Highway Patrol member, the State Highway Patrol shall be responsible for transporting the household goods, furniture and personal apparel of the Highway Patrol member and members of the Highway Patrol member's household.  (1929, c. 218, s. 7; 1937, c. 313, s. 1; 1941, c. 36; 1947, c. 461, s. 3; 1951, c. 285; 1975, c. 716, s. 5; 1977, c. 70, s. 15; 2011-145, s. 19.1(g); 2012-83, s. 31; recodified from N.C. Gen. Stat. 20-192 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1725.  (Effective July 1, 2025 - see note) Cooperation between Patrol and local officers.

The Commander of the State Highway Patrol, with the approval of the Governor, shall encourage the cooperation between the Highway Patrol and the several municipal and county peace officers of the State for the enforcement of all traffic laws and the proper administration of the Uniform Drivers' License Law, and arrangements for compensation of special services rendered by such local officers out of the funds allotted to the State Highway Patrol may be made, subject to the approval of the Director of the Budget.  (1935, c. 324, s. 5; 1939, c. 387, s. 3; 1941, c. 36; 1977, c. 70, ss. 13, 14; 2011-145, s. 19.1(g), (p); 2015-241, s. 16A.7(j); recodified from N.C. Gen. Stat. 20-195 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1726.  (Effective July 1, 2025 - see note) Statewide radio system authorized; use of telephone lines in emergencies.

The Commander of the State Highway Patrol is hereby authorized and directed to set up and maintain a statewide radio system, with adequate broadcasting stations so situate as to make the service available to all parts of the State for the purpose of maintaining radio contact with the members of the State Highway Patrol and other officers of the State, to the end that the traffic laws upon the highways may be more adequately enforced and that the criminal use of the highways may be prevented. The Commander of the State Highway Patrol, is hereby authorized to establish a plan of operation in accordance with Federal Communication Commission rules so that all certified law-enforcement officers within the State may use the law enforcement emergency frequency of 155.475MHz.

The Commander of the State Highway Patrol is likewise authorized and empowered to arrange with the various telephone companies of the State for the use of their lines for emergency calls by the members of the State Highway Patrol, if it shall be found practicable to arrange apparatus for temporary contact with said telephone circuits along the highways of the State.

In order to make this service more generally useful, the various boards of county commissioners and the governing boards of the various cities and towns are hereby authorized and empowered to provide radio receiving sets in the offices and vehicles of their various officers, and such expenditures are declared to be a legal expenditure of any funds that may be available for police protection.  (1935, c. 324, s. 6; 1941, c. 36; 1957, c. 65, s. 11; 1973, c. 507, s. 5; 1975, c. 716, s. 5; 1977, c. 70, ss. 13, 14; c. 464, s. 34; 1983, c. 717, s. 7; 1987, c. 525; 2011-145, s. 19.1(g), (p); 2015-241, s. 16A.7(j); recodified from N.C. Gen. Stat. 20-196 by 2024-57, ss. 3E.1(i), 3E.1(p).)

 

§ 143B-1727.  (Effective July 1, 2025 - see note) Use of aircraft to discover certain motor vehicle violations; declaration of policy.

The State Highway Patrol is hereby permitted the use of aircraft to discover violations of Part 10 of Article 3 of Chapter 20 of the General Statutes relating to operation of motor vehicles and rules of the road. It is hereby declared the public policy of North Carolina that the aircraft should be used primarily for accident prevention and should also be used incident to the issuance of warning citations in accordance with the provisions of G.S. 20-183.  (1967, c. 513; 1998-212, s. 19.6(b); recodified from N.C. Gen. Stat. 20-196.2 by 2024-57, s. 3E.1(i).)

 

§ 143B-1728.  (Effective July 1, 2025 - see note) Who may hold supervisory positions over sworn members of the Patrol.

Notwithstanding any other provision of the General Statutes, only the following individuals may hold a supervisory position over sworn members of the Patrol:

(1) The Governor.

(2) Repealed by Session Laws 2024-57, s. 3E.1(p), effective July 1, 2025.

(3) A uniformed member of the North Carolina State Highway Patrol who has met all requirements for employment within the Patrol, including completion of the basic Patrol school.  (1975, c. 47; 1977, c. 70, s. 14.1; 2002-159, ss. 31.5(a), (b); 2002-190, s. 9; 2011-145, s. 19.1(g); 2013-289, s. 10; 2015-241, s. 16A.7(h); recodified from N.C. Gen. Stat. 20-196.3 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1729.  (Effective July 1, 2025 - see note) Oversized and hazardous shipment escort fee.

(a) Every person, firm, corporation, or entity required by the North Carolina Department of Transportation or any federal agency or commission to have a law enforcement escort provided by the State Highway Patrol for the transport of any oversized load or hazardous shipment by road or rail shall pay to the State Highway Patrol a fee covering the full cost to administer, plan, and carry out the escort within this State.

(b) If the State Highway Patrol provides an escort to accompany the transport of oversized loads or hazardous shipments by road or rail at the request of any person, firm, corporation, or entity that is not required to have a law enforcement escort pursuant to subsection (a) of this section, then the requester shall pay to the State Highway Patrol a fee covering the full cost to administer, plan, and carry out the escort within this State.

(c) A fee established under this section is subject to G.S. 12-3.1. The full cost of an escort includes costs for vehicle or equipment maintenance required before or after an escort to ensure the visibility and safety of the law enforcement escort and the motoring public.

(d) All fees collected pursuant to this section shall be placed in a special Escort Fee Account. Revenue in the account is annually appropriated to the State Highway Patrol to reimburse the State Highway Patrol for its expenses in providing escorts under this section.  (2002-126, s. 26.17(a); 2010-129, s. 4; 2011-145, s. 19.1(g); recodified from N.C. Gen. Stat. 20-196.4 by 2024-57, s. 3E.1(i); 2024-57, s. 3E.1(p).)

 

§ 143B-1730.  (Effective July 1, 2025 - see note) Report on gang prevention recommendations.

The State Highway Patrol, in conjunction with the State Bureau of Investigation and the Governor's Crime Commission, shall develop recommendations concerning the establishment of priorities and needed improvements with respect to gang prevention and shall report those recommendations to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety on or before March 1 of each year.  (2015-241, s. 16B.3(a); recodified from N.C. Gen. Stat. 20-196.5 by 2024-57, s. 3E.1(i).)

 

Part 3. (Effective July 1, 2025) State Capitol Police Division.

§ 143B-1750.  (Effective July 1, 2025 - see note) Creation of State Capitol Police Division; powers and duties.

(a) Division Established. - There is created the State Capitol Police Division of the State Highway Patrol with the organization, powers, and duties defined in Article 1 of this Chapter, except as modified in this Part.

(b) Purpose. - The State Capitol Police Division shall serve as a police agency of the State Highway Patrol. The Chief of the State Capitol Police, appointed by the Commander pursuant to G.S. 143B-1702, with the approval of the Governor, may appoint as police officers such reliable persons as the Chief may deem necessary.

(c) Appointment of Officers. - Police officers appointed pursuant to this section may not exercise the power of arrest until they shall take an oath, to be administered by any person authorized to administer oaths, as required by law.

(d) Jurisdiction of Officers. - Each State Capitol Police officer shall have the following authority:

(1) The same power of arrest as the police officers of the City of Raleigh. Such authority may be exercised within the same territorial jurisdiction as exercised by the police officers of the City of Raleigh.

(2) The same authority as a deputy sheriff in buildings and on the grounds of property owned, leased, or maintained by the State located in Wake County.

(3) The same authority as a deputy sheriff in a building or a portion of a building, or on the grounds thereof, when owned or leased by the State, located anywhere in the State, when the State agency responsible for that building or any portion thereof executes a written agreement for service with the State Capitol Police related to that specific building or portion thereof.

(e) Public Safety. - The Chief of the State Capitol Police, or the Chief's designee, shall exercise at all times those means that, in the opinion of the Chief or the designee, may be effective in protecting all State buildings and grounds, except for the State legislative buildings and grounds as defined in G.S. 120-32.1(d), and the persons within those buildings and grounds from fire, bombs, bomb threats, or any other emergency or potentially hazardous conditions, including both the ordering and control of the evacuation of those buildings and grounds. The Chief, or the Chief's designee, may employ the assistance of other available law enforcement agencies and emergency agencies to aid and assist in evacuations of those buildings and grounds.  (2009-451, s. 17.3(f); 2011-145, s. 19.1(g), (u), (y); 2014-100, s. 17.1(i); 2015-241, s. 16A.7(f); 2015-267, s. 3; 2017-57, s. 16B.10(c); 2023-86, s. 1(a); recodified from N.C. Gen. Stat. 143B-911 by 2024-57, s. 3E.1(m); 2024-57, s. 3E.1(p).)