Bill Summary for H 231 (2019-2020)

Summary date: 

Feb 27 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 231 (Public) Filed Wednesday, February 27, 2019
AN ACT, CONSISTENT WITH HOUSE BILL 966 OF THE 2019 REGULAR SESSION, TO APPROPRIATE FUNDS TO PROVIDE LEGISLATIVELY MANDATED SALARY INCREASES TO EMPLOYEES OF THE UNIVERSITY OF NORTH CAROLINA SYSTEM AND THE NORTH CAROLINA COMMUNITY COLLEGE SYSTEM AND TO PROVIDE ONE-TIME COST-OF-LIVING SUPPLEMENTS FOR RETIREES OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, AND THE LEGISLATIVE RETIREMENT SYSTEM.
Intro. by Setzer, Howard, Henson.

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Bill summary

Titles the act as the Harrison Kowiak Act.

Amends GS 14-35 by making it unlawful for any person to engage in hazing or to aid or abet another in doing so. Violations are a Class D felony if the hazing results in the serious bodily injury or death of the victim, or if the hazing involves forced or coerced alcohol consumption that results in the victim having a blood alcohol concentration of .30 or higher. Requires the court to sentence the defendant to an active sentence of no more than 60 months for a first offense and allows for a fine of up to $10,000. Makes any other violation a Class H felony, which may include a fine of up to $1,000. Allows for additional penalties. 

Defines hazing as any intentional, knowing, or reckless act by a person acting alone or acting with other people that is directed against another person when (1) the person knew or should have known that the act endangered the physical health or safety of the other person or caused severe emotional distress and (2) the act was associated with pledging, being initiated into, affiliating with, participating in, holding office in, or maintaining membership in any organization (any fraternity, sorority, association, corporation, order, society, corps, cooperative, club, service group, social group, band, spirit group, athletic team, or similar group, whose members are primarily students at, or former students of, an educational institution). Defines educational institution as any elementary or secondary school in this state, and any postsecondary educational institution in this state.

Makes it a Class A1 misdemeanor for a person serving as a representative or officer of an organization who knew and failed to report to law enforcement that one or more of the organization's members hazed or were hazing another person. Sets out penalties that may be imposed on the organization.

Sets out requirements for an organization receiving a hazing report to investigate the allegation before making a report to law enforcement. 

Specifies that it is not a defense that the person against whom the hazing was directed consented to or acquiesced in the hazing.

The above provisions are effective December 1, 2019.

The following are applicable beginning with the 2019-20 school and academic years.

Amends GS 115C-238.66 (applicable to regional schools); GS 115C-218.75 (applying to charter schools); GS 116-239.8 (applying to laboratory schools); and SL 2018-32, Section 6 (applying to those operating under a renewal school system plan) to encourage adoption of a policy against hazing. 

Enacts new GS 115C-407.16A (applicable to local school administrative units), GS 115D-77.1 (applicable to the State Board of Community Colleges), and GS 116-40.13 (applicable to the UNC Board of Governors) requiring the adoption of a policy prohibiting hazing. Sets out nine minimum components that must be included in the policy. Sets out requirements for providing notice of and disseminating the policy. Requires that information on the policy against hazing be incorporated into employee training. 

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