GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 229

Short Title:  Detain Child Not In School-2.	(Public)
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Sponsors: Representatives Lemmond; Bowman and Gardner.
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Referred to:  Judiciary II.
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February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO STOP AND CHECK SCHOOL-AGE MINORS NOT IN SCHOOL DURING REGULAR SCHOOL HOURS AND TO ESCORT A MINOR TO THE MINOR'S SCHOOL.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 15A of the General Statutes is amended by adding a new Article to read:
"ARTICLE 23A.
"Police Stop and Check of Minors.
"§ 15A-506.  Definitions.
Unless the context clearly indicates otherwise, for the purposes of this Article:
(1)	'Minor of school age' or 'minor' means a minor who is of an age subject to the compulsory education laws of this State.
(2)	'Uniformed law enforcement officer' or 'officer' means a sworn law enforcement officer who is wearing the official badge or shield, and uniform of the law enforcement agency or department which employs the law enforcement officer.
"§ 15A-507.  Grounds for stopping minor of school age.
A uniformed law enforcement officer shall stop at any time on school days during regular school hours any person whom the officer reasonably believes to be a minor of school age (i)	who is absent from school without permission from the minor's parent,  guardian, or custodian and (ii) who is not in the company of a responsible adult with the permission of the minor's parent, guardian, or custodian.
"§ 15A-508.  Procedure upon stopping minor of school age.
(a)	Upon stopping a minor of school age in accordance with G.S. 15A-507, a uniformed law enforcement officer may at that time and place detain and question the minor in order to determine whether the minor is absent from school without written permission from the minor's parent, guardian, or custodian.
(b)	If the minor is absent from school without permission, then the law enforcement officer may take the minor into temporary custody pursuant to Article 46 of Chapter 7A of the General Statutes.  After providing to the minor's parent, guardian, or custodian the notice required by Article 46 of Chapter 7A of the General Statutes, the officer shall either release the minor to the minor's parent, guardian, or custodian if continued custody is unnecessary, or with the permission of the minor's parent, guardian, or custodian, the officer shall deliver the minor to the minor's school.
(c)	A law enforcement officer who complies in good faith with the provisions of this section shall not be civilly liable for detaining a minor or for taking a minor into temporary custody.
(d)	The provisions of subsection (b) of this section do not apply as to an emancipated minor, a minor who is married, or a minor who is a member of the armed forces of the United States."
Sec. 2.  G.S. 7A-571 reads as rewritten:
"§ 7A-571. Taking a juvenile into temporary custody.
Temporary custody means the taking of physical custody and providing personal care and supervision until a court order for secure or nonsecure custody can be obtained. A juvenile may be taken into temporary custody under the following circumstances:
(1)	A juvenile may be taken into temporary custody by a law-enforcement officer without a court order if grounds exist for the arrest of an adult in identical circumstances under G.S. 15A-401(b).
(2)	A juvenile may be taken into temporary custody without a court order by a law-enforcement officer or a court counselor if there are reasonable grounds to believe that he is an undisciplined juvenile.
(3)	A juvenile may be taken into temporary custody without a court order by a law-enforcement officer or a Department of Social Services worker if there are reasonable grounds to believe that the juvenile is abused, neglected, or dependent and that he would be injured or could not be taken into custody if it were first necessary to obtain a court order.
(4)	A juvenile may be taken into custody without a court order by a law-enforcement officer, by a court counselor, by a member of the Black Mountain Center, Alcohol Rehabilitation Center and Juvenile Evaluation Center Joint Security Force established pursuant to G.S. 122C-421, or by personnel of the Division of Youth Services as designated by the Department of Human Resources if there are reasonable grounds to believe the juvenile is an absconder from any State training school or approved detention facility.
(5)	A juvenile may be taken into temporary custody by a law enforcement officer without a court order when the law enforcement officer, acting under the authority granted by Article 23A of Chapter 15A of the General Statutes, reasonably believes that the juvenile is a minor of school age who is absent from school without the permission of the minor's parent, guardian, or custodian."
Sec. 3.  This act becomes effective January 1, 1995.