GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1385

Short Title:  Felony to Assault Educator.	(Public)
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Sponsors: Representatives Hall; Alphin, Balmer, Bowman, Hill, Joye, McCrary, Mitchell, Nichols, Smith, Warner, and Wilkins.
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Referred to:  Rules, Calendar, and Operations of the House.
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May 13, 1993

A BILL TO BE ENTITLED
AN ACT TO MAKE IT A FELONY TO ASSAULT AN EDUCATOR AND TO APPROPRIATE FUNDS TO INFORM STUDENTS OF THIS ACT.
The General Assembly of North Carolina enacts:
Section 1.  Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-32.3.  Assault on an educator.
(a)	For the purpose of this section, the term 'educator' includes a member of the administrative staff, coaching staff, teaching staff, a teacher's aid, or a guidance counselor at a private or public school.
(b)	A person, 14 years old or older, who assaults an educator is guilty of a Class J felony if:
(1)	The educator was discharging official duties at the time of the assault; or
(2)	The assault occurred on the grounds of the school at which the educator is employed.
(c)	A person convicted of an offense under this section shall serve a mandatory minimum term of imprisonment of no less than 90 days.  The sentencing judge may not suspend the mandatory 90-day term of imprisonment or place the person on probation for the mandatory 90-day term of imprisonment.  During that time the prisoner is not eligible for early parole or early release."
Sec. 2.  There is appropriated from the General Fund to the Department of Public Instruction the sum of five thousand dollars ($5,000) for the 1993-94 fiscal year to inform students of this act.
Sec. 3.  This act becomes effective December 1, 1993, and applies to offenses committed on or after that date.