Bill Summary for S 707 (2011-2012)

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Summary date: 

Apr 19 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 707 (Public) Filed Tuesday, April 19, 2011
Intro. by Tucker.

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Bill summary

Enacts new GS 115C-276, requiring a superintendent to immediately report a specified act to local law enforcement, when the superintendent has personal knowledge or actual notice that the act occurred on school property, as defined. Makes failure to report a Class 3 misdemeanor. Requires the superintendent to notify the local board of education in writing or by electronic mail about any report made to law enforcement by the end of the workday on the day of occurrence and no later than the end of the following workday. Enacts new subsection (d6) to GS 115C-391, directing the local board of education to expel or the superintendent to remove any student convicted of a felony, adjudicated delinquent for an offense that would be a felony if committed by an adult, arrested two or more times, or alleged to be delinquent or undisciplined two or more times, and to send the student to an alternative education setting. Enacts new GS 115C-532.1, prohibiting probation officers and juvenile court counselors from visiting students during the school day or on school property. Amends GS 115C-390, stating that no local board of education will be civilly liable to any person for acting or failing to act to stop or intervene in an altercation between students, unless that act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing. Also provides that no school employee will be reprimanded or dismissed for acting or failing to act to stop or intervene in an altercation. Makes a conforming change. The above provisions apply beginning with the 2011-12 school year.
Enacts new subsection (b1) to GS 15A-301, prohibiting any warrant or order for arrest, criminal summons, or other criminal process from being issued by a magistrate against a school employee for an offense that occurred while the employee was performing duties of employment, without prior written approval by the district attorney. Clarifies that the provision does not apply to traffic offenses or offenses occurring in the presence of a law enforcement officer. Applies to offenses committed on or after December 1, 2011.
Enacts new GS 14-458.2, making it unlawful for any student to use a computer or computer network to cyber-bully a school employee, as detailed. Makes the offense of cyber-bullying a school employee a Class H felony. Defines school employee and student, as applicable in the statute. Permits the court to place a student on probation without entering a judgment of guilt and with the student’s consent, if the student pleads guilty or is found guilty of cyber-bullying. Directs the court to discharge and dismiss the proceedings after the student fulfills the terms of probation, which will not be deemed a conviction. Applies to offenses committed on or after December 1, 2011. Enacts new subsection (i) to GS 115C-366, effective beginning in the 2011-12 school year, requiring any student convicted of cyber-bullying to be transferred to another school within the local school administrative unit.
Enacts new GS 14-34.10 to make it a Class H felony for any student 16 years of age or older to assault a school employee or volunteer, as specified in GS 14-33(c)(6), unless the conduct receives greater punishment under another provision of law. Includes applicable definitions. Enacts new GS 14-266.4, making any employer or supervisor guilty of a Class 3 misdemeanor, if that person intimidates or attempts to intimidate a school employee against reporting an assault under GS 14-33 or 14-34.10. Makes an employer or supervisor who knows about an assault on a school employee and fails to report the assault guilty of a Class 3 misdemeanor. Enacts new GS 14-33.3, protecting any school employee, as defined, from civil or criminal liability for acting in good faith to end a fight or altercation between students. The new criminal statutes apply to offenses committed on or after December 1, 2011.