GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	3
HOUSE BILL 1134
 Committee Substitute Reported Without Prejudice 4/23/01
 Committee Substitute #2 Favorable 7/19/01 

Short Title:	Must Report Threats of School Violence.	()	
Sponsors:	     	
Referred to:	     	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO CREATE A LEGAL DUTY TO REPORT THREATS OF SCHOOL VIOLENCE, TO PROVIDE THAT IDENTITY INFORMATION OF A PERSON WHO REPORTS A POTENTIAL THREAT IS CONFIDENTIAL, 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, TO AUTHORIZE THE LRC TO STUDY WHETHER TO GRANT IMMUNITY FROM CRIMINAL PROSECUTION TO ANYONE WHO REPORTS A THREAT OF SCHOOL VIOLENCE AND OTHER ISSUES RELATED TO SCHOOL VIOLENCE, AND TO APPROPRIATE FUNDS FOR THE STUDY. 

The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C‑391 is amended by adding a new subsection to read:
"(f1)	At the beginning of the school year, local boards of education through their administrative units, shall notify students and their parents that there is a legal duty to report potential acts of school violence to the appropriate school authority."
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 actual knowledge that another person plans or has conspired to commit an act of school violence shall report his or her knowledge 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. However, this information shall remain confidential as provided by subsection (d) of this section.
(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)	The name, address, telephone number, and any other identifying information of a person who reports a potential act of school violence is confidential and shall be disclosed only to the appropriate school authority, the appropriate law enforcement agencies, appropriate medical agencies, a magistrate who may issue a warrant, and when required in the context of a court proceeding. Except as provided by this subsection, the disclosure of any information deemed confidential under this subsection is a Class 3 misdemeanor.
(e)	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 person because the person 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 person because the person 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.  The Legislative Research Commission may study the issue of school violence and the creation of a legal duty to report suspected acts of school violence imposed by this act.  The study shall include input from the State Board of Education, the School Boards Association, the Conference of District Attorneys, and the American Civil Liberties Union of North Carolina, as well as any other public or private person or entity interested in the issue.  In conducting the study the Legislative Research Commission shall consider the following:
(1)	The laws and public policies regarding the issue of school violence currently in existence;
(2)	The results and effectiveness of the laws enacted by this act to address the need to report potential acts of school violence;
(3)	The specific experience of other states in addressing the issue of school violence and the effectiveness of legislative measures that have been adopted in other states;
(4)	Whether the law should be amended to provide for an automatic grant of immunity from prosecution to any suspect who reports a potential act of school violence, and if so, for what offenses the immunity should be granted, and to whom and under what circumstances written notice of the grant of immunity should be given; and
(5)	Any other issue relevant to the study.
The Legislative Research Commission may submit a progress report of its study to the 2001 General Assembly, Regular Session 2002, upon its convening and shall submit its final report to the 2003 General Assembly upon its convening. Progress and final reports of the Commission may include recommended legislation.
SECTION 5.  There is appropriated from the General Fund to the General Assembly the sum of thirty thousand dollars ($30,000) for the 2001‑2002 fiscal year to implement this study.
SECTION 6.  Section 1 of this act is effective when it becomes law and applies beginning with the 2001‑2002 school year.  Sections 2 and 3 of this act become effective December 1, 2001, and apply to offenses committed on or after that date.  Sections 4 and 5 of this act become effective July 1, 2001.  Section 6 of this act is effective when it becomes law.