GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 1134
Committee Substitute Reported Without Prejudice 4/23/01

Short Title:	Disciplinary Action/Threats of School Violence. 	()	
Sponsors:	     	
Referred to:	     	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO PUNISH STUDENTS WHO CONSPIRE OR THREATEN TO CAUSE VIOLENCE AT SCHOOL, TO CREATE A LEGAL DUTY TO REPORT THREATS OF SCHOOL VIOLENCE, TO INCREASE THE CRIMINAL PENALTY FOR CERTAIN CRIMINAL OFFENSES COMMITTED WITH THE INTENT OF INTIMIDATING OR RETALIATING AGAINST A PERSON WHO DOES REPORT A THREAT OF SCHOOL VIOLENCE, AND TO GRANT IMMUNITY FROM CRIMINAL PROSECUTION TO ANYONE WHO REPORTS A THREAT OF SCHOOL VIOLENCE.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑391(d3) reads as rewritten:
(d3)	(1)	A local board of education shall suspend for 365 calendar days any student who, by any means of communication to any person or group of persons, makes a report, knowing or having reason to know the report is false, that there is located on educational property or at a school‑sponsored curricular or extracurricular activity off educational property any device designed to destroy or damage property by explosion, blasting, or burning, or who, with intent to perpetrate a hoax, conceals, places, or displays any device, machine, instrument, or artifact on educational property or at a school‑sponsored curricular or extracurricular activity off educational property, so as to cause any person reasonably to believe the same to be a bomb or other device capable of causing injury to persons or property.
(2)	A local board of education shall suspend for a minimum of 30 calendar days or expel pursuant to subsection (d) of this section, any student:
a.	Who threatens or conspires to cause injury to persons or property, on educational property or at a school-sponsored curricular or extracurricular activity off educational property, regardless of the seriousness of the threat or plan, or
b.	Who knows about, but intentionally does not report to a school authority or other employee, any threat or plan to cause injury to persons or property, on educational property or at a school-sponsored curricular or extracurricular activity off educational property, regardless of the seriousness of the threat or plan.
(3)	The local board upon recommendation by the superintendent may modify either suspension requirement on a case‑by‑case basis that includes, but is not limited to, the procedures established for the discipline of students with disabilities and may also provide, or contract for the provision of, educational services to any student suspended under this subsection in an alternative school setting or in another setting that provides educational and other services.
(4)	For purposes of this subsection and subsection (d1) of this section, the term "educational property" has the same definition as in G.S. 14‑269.2(a)(1).
(5)	Each local board of education shall include the provisions of this subsection in its code of student conduct, post that portion of the code of conduct in a prominent place in each school, and make that portion of the code of conduct available to the parents of students in the local school administrative unit."
SECTION 2.  Article 36 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-285.1.  Duty to report threat of school violence.
(a)	The following definitions apply in this section:
(1)	Educational property. – Defined in G.S. 14-269.2.
(2)	Employee. – Defined in G.S. 14-269.2.
(3)	School. – Defined in G.S. 14-269.2.
(4)	School authority. – The principal, head of the school, or other adult employee designated by the principal or head of the school. 
(5)	School violence. – A criminal offense that is a Class A through E felony or any other criminal offense for which assault is an essential element of proof that occurs at a school or on educational property.
(b)	Any person who has good cause to suspect that another person may commit an act of school violence shall report his or her suspicion to the appropriate school authority at his or her school or at the school where the potential act of school violence may occur.
(c)	The report may be made orally, by telephone, by electronic mail, or in writing. The report shall include information as is known to the person making the report, including the following:
(1)	The name and address, if known, of the suspected perpetrator.
(2)	If the perpetrator is a juvenile, the name and address, if known, of the juvenile's parent, guardian, or caretaker.
(3)	The nature, time, date, and location of the potential act of school violence.
(4)	The name, address, if known, and telephone number, if known, of the person who is making the report.
(5)	Any other information that the person making the report believes might be helpful in establishing the need for intervention or precautionary measures to be taken by a school authority.
(d)	If the person making the report refuses to give a name, the school authorities shall still investigate the potential act of school violence.
(e)	Intentional failure to report a potential act of school violence as required by this section is a Class 3 misdemeanor."
SECTION 3.  Article 1 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-3.2. Punishment of misdemeanor committed with intent to intimidate or retaliate against a person for reporting a potential act of school violence. 
If any Class 2 or Class 3 misdemeanor is committed against a victim because the victim reported a potential act of school violence in compliance with G.S. 14-285.1, the offender is guilty of a Class 1 misdemeanor. If any Class A1 or Class 1 misdemeanor offense is committed against a victim because the victim reported a potential act of school violence in compliance with G.S. 14-285.1, the offender is guilty of a Class I felony."
SECTION 4.  Article 61 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A-1056.  Grant of immunity to person who reports potential act of school violence.
(a)	No prosecutor shall try any suspect who reported a potential act of school violence in compliance with G.S. 14-285.1 for the offense of school violence reported, or for any related offense believed to have been committed within the prosecutorial district as defined in G.S. 7A-60.
(b)	When a prosecutor enters into any arrangement authorized by this section, written notice fully disclosing the terms of the arrangement must be provided to the trial court, the defense counsel, or to the defendant if not represented by counsel, against whom the testimony is to be offered, within a reasonable time prior to any proceeding in which the person with whom the arrangement is made is expected to testify. Upon motion of the defendant or the defendant's counsel on grounds of surprise or for other good cause or when the interests of justice require, the court must grant a recess or continuance."
SECTION 5.  Sections 2, 3, and 4 of this act become effective December 1, 2001, and apply to offenses committed on or after that date.  The remainder of this act is effective when it becomes law and applies beginning with the 2001‑2002 school year.