Bill Summary for H 37 (2019-2020)

Summary date: 

Jun 12 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 37 (Public) Filed Wednesday, February 6, 2019
AN ACT EXTENDING THE STATUTE OF LIMITATIONS FOR A CIVIL ACTION FOR CHILD SEXUAL ABUSE SO THAT A PLAINTIFF HAS UNTIL AGE THIRTY-EIGHT TO COMMENCE AN ACTION AND TO REQUIRE TRAINING ON CHILD SEX ABUSE AND SEX TRAFFICKING FOR SCHOOL PERSONNEL.
Intro. by Riddell, White, Torbett, B. Turner.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Amends proposed GS 1-17 to authorize plaintiffs to file civil actions against a defendant for sexual abuse suffered while the plaintiff was under 18 years of age, until the plaintiff reaches 38 years of age (was, 45 years of age).

Changes the effect of the proposed changes to GS 1-52, now reviving any civil action for child sexual abuse otherwise time-barred under GS 1-52 as it existed immediately before the enactment of the act, effective January 1, 2020, until December 31, 2021 (was, until December 31, 2020).

Enacts GS 115C-375.20 to require each local board of education to adopt and implement a child sexual abuse and sex trafficking program for school personnel who work directly with students in grades K through 12 that provides education and awareness related to child sexual abuse and sex trafficking, as specified. Allows the training to be provided by local nongovernmental organizations with expertise in the area, local law enforcement officers, or other court officers. Requires all school personnel who work with K through 12 students to receive two hours of training consistent with the statute's requirements biennially. Provides immunity for all entities required to adopt a child sexual abuse and sex trafficking program and its members, employees, designees, agents, or volunteers with regard to the provision of, participation in, or implementation of the training program, unless the conduct amounts to gross negligence, wanton conduct, or intentional wrongdoing. Specifies that the statute does not impose a specific duty of care. Enacts GS 115C-47(64), GS 115C-218.75(g), GS 115C-238.66(14), and GS 116-239.8(b)(17) to require local boards of education, charter schools, regional schools, and laboratory schools to adopt and implement a child sex abuse and sex trafficking training program in accordance with new GS 115C-375.20.

Requires the entities to adopt and implement the training program by January 1, 2020, with training required for school personnel beginning with the 2020-21 school year. Appropriates $50,000 from the General Fund to the Department of Public Instruction for the 2019-20 fiscal year to assist the entities in implementing the training requirement. 

Adds a severability clause.

Makes conforming changes to the act's long title.

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