H.B. 534
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 29, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40276-ML-92
Short Title: Protecting School Employees. (Public)
Sponsors: Representative N. Jackson.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO INCREASE THE PUNISHMENT FOR A PERSON WHO COMMITS A
3 SECOND OR SUBSEQUENT OFFENSE OF ASSAULTING A SCHOOL EMPLOYEE
4 OR SCHOOL VOLUNTEER.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 14-33 reads as rewritten:
7 "§ 14-33. Misdemeanor assaults, batteries, and affrays, simple and aggravated;
8 punishments.
9 …
10 (c) Unless the conduct is covered under some other provision of law providing greater
11 punishment, any person who commits any assault, assault and battery, or affray is guilty of a
12 Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she:she
13 does any of the following:
14 (1) Inflicts serious injury upon another person or uses a deadly weapon;weapon.
15 (2) Assaults a female, he being a male person at least 18 years of age;age.
16 (3) Assaults a child under the age of 12 years;years.
17 (4) Assaults an officer or employee of the State or any political subdivision of the
18 State, when the officer or employee is discharging or attempting to discharge
19 his official duties;duties.
20 …
21 (6) Assaults a school employee or school volunteer when the employee or
22 volunteer is discharging or attempting to discharge his or her duties as an
23 employee or volunteer, or assaults a school employee or school volunteer as a
24 result of the discharge or attempt to discharge that individual's duties as a
25 school employee or school volunteer. For purposes of this subdivision, the
26 following definitions shall apply:
27 a. "Duties" means:
28 1. All activities on school property;
29 2. All activities, wherever occurring, during a school authorized
30 event or the accompanying of students to or from that event;
31 and
32 3. All activities relating to the operation of school transportation.
33 b. "Employee" or "volunteer" means:
34 1. An employee of a local board of education; or a charter school
35 authorized under G.S. 115C-218.5, or a nonpublic school
*DRH40276-ML-92*
General Assembly Of North Carolina Session 2023
1 which has filed intent to operate under Part 1 or Part 2 of
2 Article 39 of Chapter 115C of the General Statutes;
3 2. An independent contractor or an employee of an independent
4 contractor of a local board of education, charter school
5 authorized under G.S. 115C-218.5, or a nonpublic school
6 which has filed intent to operate under Part 1 or Part 2 of
7 Article 39 of Chapter 115C of the General Statutes, if the
8 independent contractor carries out duties customarily
9 performed by employees of the school; and
10 3. An adult who volunteers his or her services or presence at any
11 school activity and is under the supervision of an individual
12 listed in sub-sub-subdivision 1. or 2. of this sub-subdivision.
13 (7) Assaults a public transit operator, including a public employee or a private
14 contractor employed as a public transit operator, when the operator is
15 discharging or attempting to discharge his or her duties.
16 (8) Assaults a company police officer certified pursuant to the provisions of
17 Chapter 74E of the General Statutes or a campus police officer certified
18 pursuant to the provisions of Chapter 74G, Article 1 of Chapter 17C, or
19 Chapter 116 of the General Statutes in the performance of that person's duties.
20 (9) Assaults a transportation network company (TNC) driver providing a
21 transportation network company (TNC) service. For the purposes of this
22 subdivision, the definitions for "TNC driver" and "TNC service" as defined in
23 G.S. 20-280.1 shall apply.
24 …
25 (e) Unless the conduct is covered under some other provision of law providing greater
26 punishment, a person who commits a second or subsequent violation of subdivision (6) of
27 subsection (c) of this section is guilty of a Class G felony."
28 SECTION 2. This act becomes effective December 1, 2023, and applies to offenses
29 committed on or after that date.
Page 2 DRH40276-ML-92
Statutes affected: Filed: 14-33
Edition 1: 14-33