GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

SENATE BILL 45
RATIFIED BILL

AN ACT TO CLARIFY AND STRENGTHEN THE LAW PERTAINING TO PERSONS WHO INTERFERE WITH THE OPERATION OF PUBLIC SCHOOL BUSES.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑132.2 reads as rewritten:
"§ 14‑132.2.  Willfully trespassing upon, damaging, or impeding the progress of a public school bus.
(a)	Any person who shall unlawfully and willfully demolish, destroy, deface, injure, burn or damage any public school bus or public school activity bus shall be guilty of a Class 1 misdemeanor.
(b)	Any person who shall enter a public school bus or public school activity bus after being forbidden to do so by the authorized school bus driver in charge thereof, or the school principal to whom the public school bus or public school activity bus is assigned, shall be guilty of a Class 1 misdemeanor.
(c)	Any occupant of a public school bus or public school activity bus who shall refuse to leave said bus upon demand of the authorized driver in charge thereof, or upon demand of the principal of the school to which said bus is assigned, shall be guilty of a Class 1 misdemeanor.
(c1)	Any person who shall unlawfully and willfully stop, impede, delay, or detain any public school bus or public school activity bus being operated for public school purposes shall be guilty of a Class 1 misdemeanor.
(d)	Subsections (b) and (c) of this section shall not apply to a child less than 12 years of age, or authorized professional school personnel."
SECTION 2.  G.S. 14‑288.4(a) reads as rewritten:
"(a)	Disorderly conduct is a public disturbance intentionally caused by any person who:
(1)	Engages in fighting or other violent conduct or in conduct creating the threat of imminent fighting or other violence; or
(2)	Makes or uses any utterance, gesture, display or abusive language which is intended and plainly likely to provoke violent retaliation and thereby cause a breach of the peace; or
(3)	Takes possession of, exercises control over, or seizes any building or facility of any public or private educational institution without the specific authority of the chief administrative officer of the institution, or his authorized representative; or
(4)	Refuses to vacate any building or facility of any public or private educational institution in obedience to:
a.	An order of the chief administrative officer of the institution, or his representative, who shall include for colleges and universities the vice chancellor for student affairs or his equivalent for the institution, the dean of students or his equivalent for the institution, the director of the law enforcement or security department for the institution, and the chief of the law enforcement or security department for the institution; or
b.	An order given by any fireman or public health officer acting within the scope of his authority; or
c.	If a state of emergency is occurring or is imminent within the institution, an order given by any law‑enforcement officer acting within the scope of his authority; or
(5)	Shall, after being forbidden to do so by the chief administrative officer, or his authorized representative, of any public or private educational institution:
a.	Engage in any sitting, kneeling, lying down, or inclining so as to obstruct the ingress or egress of any person entitled to the use of any building or facility of the institution in its normal and intended use; or
b.	Congregate, assemble, form groups or formations (whether organized or not), block, or in any manner otherwise interfere with the operation or functioning of any building or facility of the institution so as to interfere with the customary or normal use of the building or facility; or
(6)	Disrupts, disturbs or interferes with the teaching of students at any public or private educational institution or engages in conduct which disturbs the peace, order or discipline at any public or private educational institution or on the grounds adjacent thereto; or
(6a)	Engages in conduct which disturbs the peace, order, or discipline on any public school bus or public school activity bus; or
(7)	Disrupts, disturbs, or interferes with a religious service or assembly or engages in conduct which disturbs the peace or order at any religious service or assembly.
As used in this section the term "building or facility" includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility."
SECTION 3.  This act becomes effective December 1, 2001, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 10th day of April, 2001.

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		 Beverly E. Perdue
	 President of the Senate

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		 James B. Black
	 Speaker of the House of Representatives

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		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2001