State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_74E > GS_74E-6

§ 74E‑6.  Oaths, powers,and authority of company police officers.

(a)        Requirements. – Anindividual who is commissioned as a company police officer must take the oathof office required of a law enforcement officer before the individual assumesthe duties of a company police officer. The person in each company policeagency who is responsible for the agency's company police officers must becommissioned as a company police officer.

(b)        Categories. – Thefollowing three distinct classifications of company police officers areestablished:

(1)        Campus PoliceOfficers – Only those company police officers who are employed by any collegeor university that is a constituent institution of The University of NorthCarolina or any private college or university that is licensed or exempted fromlicensure as prescribed by G.S. 116‑15, and who are employed by a campuspolice agency that was licensed pursuant to this Chapter prior to the enactmentof Chapter 74G of the General Statutes.

(2)        Railroad PoliceOfficers – Those company police officers who are employed by a certified railcarrier and commissioned as company police officers under this Chapter.

(3)        Special PoliceOfficers – All company police officers not designated as a campus policeofficer or railroad police officer.

(c)        All Company Police.– Company police officers, while in the performance of their duties ofemployment, have the same powers as municipal and county police officers tomake arrests for both felonies and misdemeanors and to charge for infractions onany of the following:

(1)        Real property ownedby or in the possession and control of their employer.

(2)        Real property ownedby or in the possession and control of a person who has contracted with theemployer to provide on‑site company police security personnel servicesfor the property.

(3)        Any other realproperty while in continuous and immediate pursuit of a person for an offensecommitted upon property described in subdivisions (1) or (2) of thissubsection.

Company police officers shallhave, if duly authorized by the superior officer in charge, the authority tocarry concealed weapons pursuant to and in conformity with G.S. 14‑269(b)(4)and (5).

(d)        Campus Police. – Campuspolice officers have the powers contained in subsection (c) of this section andalso have the powers in that subsection upon that portion of any public road orhighway passing through or immediately adjoining the property described in thatsubsection, wherever located. The board of trustees of any college oruniversity that qualifies as a campus police agency pursuant to this Chaptermay enter into a mutual aid agreement with the governing board of amunicipality or, with the consent of the county sheriff, a county to the sameextent as a municipal police department pursuant to Chapter 160A.

(e)        Railroad Police. – Railroadpolice officers have the powers contained in subsection (c) and also have thepowers and authority granted by federal law or by a regulation promulgated bythe United States Secretary of Transportation. Notwithstanding any of theprovisions of this Chapter, the limitations on the power to make arrestscontained in subsection (c) above, shall not be applicable to railroad policeofficers commissioned by the Attorney General pursuant to the authority of thisChapter.

(f)         Repealed bySession Laws 2005‑231, s. 3, effective July 28, 2005.

(g)        ExclusiveAuthority. – Notwithstanding any other provision of law, the authority grantedto company police officers shall be limited to the provisions of this Chapter. (1871‑2, c. 138, s. 53;Code, s. 1990; Rev., s. 2607; 1907, c. 128, s. 2; c. 462; c. 470, ss.3, 4;C.S., ss. 3483, 3485; 1933, c. 134, s. 8; 1941, c. 97, s. 5; 1943, c. 676, s.2; 1959, c. 124, s. 1; 1963, c. 1165, s. 2; 1965, c. 872; 1969, c. 844, s. 8;1977, c. 148, s. 4; 1981, c. 884, s. 4; 1987, c. 469; 1989, c. 518, s. 1; 1991(Reg. Sess., 1992), c. 1043, s. 1; 1997‑441, s. 1; 1999‑68, s. 3;2005‑231, s. 3; 2006‑259, s. 5(b).)