Senate amendment makes the following changes to the 3rd edition.
Amends GS 14-33.3 to delete the proposed definition of the term employee and instead define employee as having the same meaning as in GS 14-33(c)(6)b. Adds that employee includes a volunteer as defined in GS 14-33(c)(6)b.3.
STUDENT ASSAULT ON TEACHER/FELONY OFFENSE.
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AN ACT TO MAKE IT A CRIMINAL OFFENSE FOR A STUDENT WHO IS SIXTEEN YEARS OF AGE OR OLDER WHO DOES NOT HAVE AN INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 PLAN TO ASSAULT A SCHOOL EMPLOYEE ON SCHOOL PROPERTY WHEN THE EMPLOYEE IS DISCHARGING OFFICIAL DUTIES OR THE ASSAULT IS COMMITTED AS A RESULT OF THE DISCHARGE OR ATTEMPT TO DISCHARGE THE INDIVIDUAL'S DUTIES AS A SCHOOL EMPLOYEE.Intro. by Tillman.
Status: Re-ref to the Com on Children, Youth, and Families, if favorable, Judiciary III (House Action) (Jul 16 2015)
SOG comments (2):
Long Title Change
Senate committee substitute to the 2nd edition makes a change to the long title. The original title is as follows:
AN ACT TO MAKE IT A FELONY OFFENSE FOR A STUDENT WHO IS SIXTEEN YEARS OF AGE OR OLDER WHO DOES NOT HAVE AN INDIVIDUALIZED EDUCATION PROGRAM OR SECTION 504 PLAN TO ASSAULT A SCHOOL EMPLOYEE ON SCHOOL PROPERTY WHEN THE EMPLOYEE IS DISCHARGING OFFICIAL DUTIES OR THE ASSAULT IS COMMITTED AS A RESULT OF THE DISCHARGE OR ATTEMPT TO DISCHARGE THE INDIVIDUAL'S DUTIES AS A SCHOOL EMPLOYEE.
Bill History:
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Thu, 19 Mar 2015 Senate: Filed
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Mon, 23 Mar 2015 Senate: Passed 1st Reading
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Mon, 23 Mar 2015 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 25 Mar 2015 Senate: Withdrawn From Com
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Wed, 15 Apr 2015 Senate: Reptd Fav Com Substitute
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Wed, 15 Apr 2015 Senate: Com Substitute Adopted
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Wed, 15 Apr 2015 Senate: Re-ref Com On Judiciary II
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Tue, 28 Apr 2015 Senate: Reptd Fav Com Substitute
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Tue, 28 Apr 2015 Senate: Com Substitute Adopted
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Wed, 29 Apr 2015 Senate: Amend Adopted A1
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Wed, 29 Apr 2015 Senate: Amend Failed A2
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Wed, 29 Apr 2015 Senate: Amend Failed A3
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Wed, 29 Apr 2015 Senate: Passed 2nd Reading
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Wed, 29 Apr 2015 Senate: Passed 3rd Reading
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Wed, 29 Apr 2015 Engrossed
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Thu, 30 Apr 2015 Senate: Regular Message Sent To House
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Thu, 30 Apr 2015 House: Regular Message Received From Senate
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Thu, 30 Apr 2015 House: Passed 1st Reading
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Thu, 30 Apr 2015 House: Ref To Com On Rules, Calendar, and Operations of the House
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Thu, 16 Jul 2015 House: Withdrawn From Com
S 343
Bill Summaries:
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Bill S 343 (2015-2016)Summary date: Apr 29 2015 - View Summary
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Bill S 343 (2015-2016)Summary date: Apr 28 2015 - View Summary
Senate committee substitute makes the following changes to the 2nd edition.
Amends the long title.
Amends proposed GS 14-33.3(c), providing that students convicted of an assault on a school employee, as specified in this section, are guilty of a Class A1 misdemeanor for a first offense. A second offense pursuant to this section is a Class H felony, with third or subsequent offenses being Class G felonies (previously, first offenses were Class I felonies and subsequent offenses were Class G felonies).
Makes a conforming change.
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Bill S 343 (2015-2016)Summary date: Apr 15 2015 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends proposed GS 14-33.3, Student assault on a school employee, adding language providing that students with an Individualized Education Program or a Section 504 Plan cannot be found guilty of the Class I felony provided for in this statute.
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Bill S 343 (2015-2016)Summary date: Mar 19 2015 - View Summary
Enacts new GS 14-33.3 making it a Class I felony for a first offense, and Class G felony for second or subsequent offenses, for a student to assault a school employee if (1) the student is 16 or older, (2) the student assaults the school employee when the employee is discharging or attempting to discharge his or her duties as an employee or the student assaults the school employee as a result of the discharge or attempt to discharge that individual's duties as a school employee, and (3) the assault occurs on school property. Defines duties, employee, school property, and student. Applies to offenses committed on or after December 1, 2015.
View: All Summaries for Bill
Committee substitute changes the long title. The previous long title is found below:
AN ACT TO MAKE IT A FELONY OFFENSE FOR A STUDENT WHO IS SIXTEEN YEARS OF AGE OR OLDER TO ASSAULT A SCHOOL EMPLOYEE ON SCHOOL PROPERTY WHEN THE EMPLOYEE IS DISCHARGING OFFICIAL DUTIES OR THE ASSAULT IS COMMITTED AS A RESULT OF THE DISCHARGE OR ATTEMPT TO DISCHARGE THE INDIVIDUAL'S DUTIES AS A SCHOOL EMPLOYEE.