North Carolina General Statutes 104-11.1. Governor may accept a retrocession of jurisdiction over federal areas; authorization for concurrent juvenile jurisdiction
(a) Whenever a duly authorized official or agent of the United States, acting pursuant to authority conferred by the Congress, notifies the Governor or any other State official, department or agency, that the United States desires or is willing to relinquish to the State the jurisdiction, or a portion thereof, held by the United States over the lands designated in such notice, the Governor may, in his discretion, accept such relinquishment. Such acceptance may be made by sending a notice of acceptance to the official or agent designated by the United States to receive such notice of acceptance. The Governor shall send a signed copy of the notice of acceptance, together with the notice of relinquishment received from the United States, to the Secretary of State, who shall maintain a permanent file of said notices.
Upon the sending of said notice of acceptance to the designated official or agent of the United States, the State shall immediately have such jurisdiction over the lands designated in the notice of relinquishment as said notice shall specify.
The provisions of this subsection shall apply to the relinquishment of jurisdiction acquired by the United States under the provisions of this Chapter or any other provision of law.
(b) Notwithstanding any other provision of this Article, the State shall exercise concurrent jurisdiction with the United States over a military installation of the United States Department of Defense located within the State in a matter relating to a violation of federal law by a juvenile within the boundaries of that military installation, if all of the following criteria are met:
(1) The United States Attorney, or the United States District Court, for the applicable district in North Carolina waives exclusive jurisdiction.
Terms Used In North Carolina General Statutes 104-11.1
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The violation of federal law is also a crime or infraction under State law. (1957, c. 1202; 2022-73, s. 5(a).)