During the 1998 session, the North Carolina General Assembly defined and passed Article 46 (Crime Victims' Rights Act). This Act places duties of notification on: agencies with custody of defendants, law enforcement agencies, district attorney's, the Attorney General's Office (appellate proceedings) and the Governor's Office (clemency proceedings).
Article 46. Crime Victims' Rights Act
§ 15A-830. Definitions.
The following definitions apply in this Article:
- Accused. - A person who has been arrested and charged with committing a crime covered by this Article.
- Arresting law enforcement agency. - The law enforcement agency that makes the arrest of an accused.
- Custodial agency. - The agency that has legal custody of an accused or defendant arising from a charge or conviction of a crime covered by this Article including, but not limited to, local jails or detention facilities, regional jails or detention facilities, facilities designated under G.S. 122C-252 for the custody and treatment of involuntary clients, or the Division of Adult Correction.
- Investigating law enforcement agency. - The law enforcement agency with primary responsibility for investigating the crime committed against the victim.
- Law enforcement agency. - An arresting law enforcement agency, a custodial agency, or an investigating law enforcement agency.
- Next of kin. - The victim's spouse, children, parents, siblings, or grandparents. The term does not include the accused unless the charges are dismissed or the person is found not guilty.
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