House committee substitute makes the following changes to 2nd edition.
Except as otherwise indicated, the following provisions are effective December 1, 2012 and apply to offenses committed on or after that date.
Amends GS 14-453(7c) to expand the definition of profile to include a web site user’s personal page or a section of a page containing significant, unique, or identifying information about a web site user.
Amends GS 14-458.1(a) to clarify the role of intent in the offense of cyber-bullying. Except as otherwise made unlawful in Article 60 (computer related crime) of GS Chapter 14, makes it unlawful to: (1) make a true or false statement intending to immediately provoke and that is likely to provoke a third party to stalk or harass a minor; (2) sign up a minor for a pornographic Internet site with the intent to torment or intimidate the minor; or (3) sign up a minor for any electronic mailing lists or instant messaging service with authorization from the minor or the minor’s parent or guardian, with the intent to intimidate or torment the minor. Amends new GS 14-458.2 to make parallel changes clarifying the role of intent in the offense of cyber-bullying by students of school employees.
Amends proposed GS 14-458.2 to expand the definition of school employee to apply to employees, independent contractors, or the employees of independent contractors of a regional school created under GS 115C-238.62. Amends the definition for student to include persons enrolled at charter schools, public schools, and regional schools as well as persons who have been suspended or expelled from any of these schools within the last year.
Provides that when a complaint is received under Article 17 (Screening of Delinquency and Undisciplined Complaints) of GS Chapter 7B based on a student’s violation of proposed GS 14-458.2, the student may enter into a diversion contract (referral to one of a specified list of resources) under GS 7B-1706 upon a finding of legal sufficiency under that statute.
Amends GS 15A-301 to delete provision requiring written approval of the district attorney prior to the issuance of an arrest warrant or criminal summons for a school employee for an offense that occurred while the employee was discharging the employee’s duties of employment. Provides that no warrant for arrest or criminal summons may be issued for a school employee for a misdemeanor offense that occurred while the employee was discharging his or her duties other than by a magistrate who has been appointed by the chief district court judge to hear such matters. Effective on or after the date that a magistrate is appointed by the chief district judge to perform the function set out in this section.
Recodifies proposed GS 115C-532.1 (Probation officer visits at school; limitations) as GS 115C-46.2 under Article 5 of GS Chapter 115C. Modifies language in proposed GS 14-33.3 and moves it to GS 14-33(c1).
Amends GS 115C-288(g) to delete provision that a principal is not required to report to law enforcement acts in addition to those required to be reported by law. Deletes provision that subjects a principal who willfully fails to make a report to law enforcement under this subsection subject to demotion or dismissal. Prohibits anything in this subsection from being interpreted to interfere with the due process rights of school employees or the privacy rights of students.
Enacts new GS 15A-1331B to provide that a prayer for judgment that is continued for more than 12 months is an improper disposition of a Class B1, B2, C, D, or E felony.
Enacts new GS 115C-289.1 to provide that a school employee’s supervisor has a duty to report intimidation of a school employee when the supervisor has actual notice that the school employee has been a victim of an assault by a student resulting in physical injury. Provides that the term supervisor as used in this subsection does not include the principal or superintendent. Also prohibits intimidation of a school employee by a principal, superintendent, or supervisor. Amends proposed GS 115C-366.4 to provide that a superintendent may modify, in writing, the required transfer of an individual student on a case-by-case basis. Amends GS 115C-390.3 to require local boards of education to adopt guidelines for an employee’s response if the employee has personal knowledge or actual notice of an altercation between students. Effective with the beginning of the 2012-13 school year.
Makes technical and organizational changes.