Bill Summaries: S707 SCHOOL VIOLENCE PREVENTION ACT.

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  • Summary date: Jul 17 2012 - View Summary

    AN ACT TO ENACT THE SCHOOL VIOLENCE PREVENTION ACT OF 2012; LIMIT PRAYERS FOR JUDGMENT CONTINUED; AND END SUNSET FOR A PROVISION REGARDING AN LEA'S BASIS OF KNOWLEDGE ABOUT A CHILD WITH A DISABILITY. Summarized in Daily Bulletin 4/19/11, 6/7/11, 6/13/12, 6/18/12, and 7/2/12. Enacted July 12, 2012. Section 5 is effective on and after the date a magistrate is appointed by the chief district court judge to perform the function set forth in that section. Sections 3, 4, and 11 are effective December 1, 2012. The remainder is effective July 12, 2012. Sections 6–10 apply beginning with the 2012–13 school year.


  • Summary date: Jul 2 2012 - View Summary

    Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
    Amends proposed subsection (b1) to GS 15A-301 to require written approval from the district attorney before the issuance of criminal process against a school employee for an offense that occurred while the employee was discharging official duties. States that the prior approval requirement does not apply to traffic offenses or offenses occurring in the officer’s presence. Authorizes the district attorney to decline to give prior written approval by providing a letter to the chief district court judge, who must follow the procedure set out in the previous edition for appointing a magistrate for issuing criminal process.


  • Summary date: Jun 18 2012 - View Summary

    House amendment makes the following changes to 3rd edition.
    Amends proposed subsection (b1) to GS 15A-301 to clarify the procedure for issuing criminal process against a school employee. Makes a technical change to a provision in Senate Bill 724, An Act to Improve Public Education. Makes a conforming change to the bill title.


  • Summary date: Jun 13 2012 - View Summary

    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.


  • Summary date: Jun 7 2011 - View Summary

    Senate committee substitute makes the following changes to 1st edition. Deletes provisions regarding duties imposed on a superintendent who has personal knowledge or actual notice from school personnel that certain offenses have occurred on school property. Deletes provision requiring a local board of education to expel, or the superintendent remove to an alternative education setting, any student who has been 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. Deletes proposed GS 14-34.10, which concerned assaults on school employees.
    Amends GS 115C-288(g) to include instances when a principal has a reasonable belief that a certain offense has occurred on school property, to the instances required to be reported to local law enforcement. Removes the provision stating that failure to do so is a Class 3 misdemeanor. Provides that willful failure to make such a report subjects the principal to demotion or dismissal pursuant to GS 115C-325. Applies beginning with the 2011-12 school year.
    Amends proposed GS 115C-532.1 to provide, except as specified, that probation officers are not authorized to visit students during school hours on school property. Details exception to the prohibition. Applies beginning with the 2011-12 school year.
    Amends proposed GS 115C-366(i) to include additional language that if there is no other appropriate school within the local school administrative unit, the student is to be transferred to a different class or assigned to a teacher who was not involved as a victim of the cyber-bullying. Applies beginning with the 2011-12 school year.
    Clarifies that proposed GS 15A-301(b1) does not apply if the offense is a traffic offense or if the offense occurred in the presence of a sworn law enforcement officer. Amends GS 14-458.2 to provide that any student who violates the statute is guilty of cyber-bullying a school employee, punishable as a Class 2 misdemeanor (previously, Class H felony). Amends proposed GS 14-266.4 to limit the application of the provisions to supervisors of school employees (previously included an employer of a school employee as well). Amends proposed GS 14-266.4 to provide that violations of the provisions are a Class 2 misdemeanor (previously Class 3 misdemeanor). Amends proposed GS 14-266.4 to specify the assault must result in bodily injury. Effective December 1, 2011, and applies to offenses committed on or after that date.
    Makes other clarifying, technical, and organizational changes.


  • Summary date: Apr 19 2011 - View 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.