GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1488

Short Title:  DOJ Forfeiture Section.	(Public)
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Sponsors: Representative Moore.
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Referred to:  Appropriations.
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May 17, 1993

A BILL TO BE ENTITLED
AN ACT TO CREATE WITHIN THE DEPARTMENT OF JUSTICE THE ASSET FORFEITURE ENHANCEMENT SECTION AND TO APPROPRIATE FUNDS TO THE DEPARTMENT OF JUSTICE FOR THE ASSET FORFEITURE ENHANCEMENT SECTION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 114 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 3B.
"Asset Forfeiture Enhancement Section.
"§ 114-11.7.  Creation of Section; powers and duties.
There is hereby established in the Office of the Attorney General the Asset Forfeiture Enhancement Section.  There shall be assigned to the Section by the Attorney General duties as follows:
(1)	To prosecute all actions brought by the Attorney General under the North Carolina Racketeer Influenced and Corrupt Organizations Act and provide assistance to district attorneys authorized to prosecute actions under the North Carolina Racketeer Influenced and Corrupt Organizations Act;
(2)	To prosecute all other State forfeiture actions as authorized by law;
(3)	To be available to prosecute or assist in the prosecution of State criminal forfeiture actions when requested by a district attorney and approved by the Attorney General;
(4)	To be available to prosecute or assist in the prosecution of federal forfeiture actions which are based upon investigations or arrests made by State or local law enforcement agencies when requested by a United States Attorney and approved by the Attorney General;
(5)	To be available to provide legal advice concerning asset forfeiture issues and procedures to State law enforcement agencies when requested by the head of an agency and approved by the Attorney General;
(6)	To initiate and participate in joint State and federal forfeiture actions; and
(7)	Perform additional duties as may be assigned by the Attorney General.
"§ 114-11.8.  Employment of attorneys, paralegals, investigators, and clerical help.
The Attorney General is authorized to staff the Asset Forfeiture Enhancement Section by employing or assigning from the Attorney General's staff the number of assistant attorneys general and support staff as he or she shall deem necessary to perform the duties assigned to the Section.  Staff assigned to the Section shall be subject to the State Personnel Act."
Sec. 2.  There is appropriated from the General Fund to the Department of Justice the sum of two hundred eighty five thousand two hundred forty dollars ($285,240) for the 1993-94 fiscal year and the sum of two hundred eighty-five thousand two hundred forty dollars ($285,240) for the 1994-95 fiscal year for establishment of the Asset Forfeiture Enhancement Section.
Sec. 3.  Section 1 of this act is effective upon ratification.  Section 2 of this act becomes effective July 1, 1993.