GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 40

Short Title:  Protect Citizens From Violence.	(Public)

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Sponsors: Representatives G. Miller; and Redwine.

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Referred to:  Judiciary II.

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January 30, 1995

A BILL TO BE ENTITLED
AN ACT TO PROTECT THE CITIZENS OF NORTH CAROLINA FROM PEOPLE WHO COMMIT ACTS OF VIOLENCE.
The General Assembly of North Carolina enacts:
Section 1.  (a)	Subchapter VII of Chapter 14 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 27A.
"Sexual Offender Registration Program.
"§ 14-208.5.  Purpose.
The General Assembly recognizes that sex offenders often pose a high risk of engaging in sex offenses even after being released from incarceration or commitment and that protection of the public from sex offenders is of paramount governmental interest.  Further, the General Assembly recognizes that local law enforcement officers' efforts to protect their communities, conduct investigations, and quickly apprehend offenders who commit sex offenses are impaired by the lack of information available to law enforcement agencies about convicted sex offenders who live within the agency's jurisdiction.  Persons found to have committed a sex offense have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government.  Release of information about sex offenders to law enforcement agencies, and under limited circumstances to authorized requesters, will further the governmental interests of public safety so long as the information released is rationally related to the furtherance of those goals.
Therefore, it is the purpose of this Article to assist local law enforcement agencies' efforts to protect their communities by requiring sex offenders to register with local law enforcement agencies and to require the exchange of relevant information about sex offenders among law enforcement agencies and to authorize the release of necessary and relevant information about sex offenders to authorized requesters as provided in this Article.
"§ 14-208.6.  Definitions.
The following definitions apply in this Article:
(1)	'Division' means the Division of Criminal statistics of the Department of Justice.
(2)	'Penal institution' means a detention facility operated under the jurisdiction of the Division of Prisons of the Department of Correction, or a county jail.
(3)	'Released' means discharged, paroled, or placed on probation.
(4)	'Reportable conviction' means:
a.	A conviction of a violation of G.S 14-27.2 (first degree rape), 14-27.3 (second degree rape), 14-27.4 (first degree sexual offense), 14-27.5 (second degree sexual offense), 14-27.6 (attempted rape or sexual offense), 14-27.7 (intercourse and sexual offense with certain victims), 14-178 (incest between near relatives), 14-179 (incest between uncle and niece, nephew and aunt), 14-190.6 (employing or permitting minor to assist in offenses against public morality and decency), 14-190.16 (first degree sexual exploitation of a minor), 14-190.17 (second degree sexual exploitation of a minor), 14-190.17A (third degree sexual exploitation of a minor), 14-190.18 (promoting prostitution of a minor), 14-190.19 (participating in prostitution of a minor), or 14-202.1 (taking indecent liberties with children).
b.	The second conviction for a violation of G.S. 14-190.9 (indecent exposure).
c.	A conviction in another state of an offense, which if committed in this State, would have been a sex offense as defined by the sections of the General Statutes set forth in paragraphs a. and b. of this subdivision.
(5)	'Sheriff' means the sheriff of a county in this State.
"§ 14-208.7.  Registration.
(a)	A person who has a reportable conviction shall register with the sheriff of the county where the person resides or intends to reside for more than 10 days.  If the person moves to North Carolina from outside this State, the person shall register within 10 days of establishing residence in this State.  If the person is a current resident of North Carolina, the person shall register:
(1)	Within 10 days of release from a penal institution or arrival in a county to live outside a penal institution; or
(2)	Immediately upon conviction for a reportable offense where an active term of imprisonment was not imposed.
(b)	The Division shall provide each sheriff with forms for registering persons as required by this Article.  The registration form shall require:
(1)	The person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, social security number, drivers license number, and home address;
(2)	The type of offense for which the person was convicted, the date of conviction, and the sentence imposed;
(3)	A current photograph; and
(4)	Any other information required by the Division, including fingerprints or other corroborative information.
(c)	Not later than the third day after a person registers, the sheriff with whom the person registered shall send the registration information to the Division in a manner determined by the Division.  The sheriff shall retain the original registration form and other information collected.
"§ 14-208.8.  Prerelease notification.
(a)	At least 10 days, but not earlier than 30 days, before a person who will be subject to registration under this Article is due to be released from a penal institution, an official of the penal institution shall:
(1)	Inform the person of the person's duty to register under this Article and require the person to sign a written statement that the person was so informed or, if the person refuses to sign the statement, certify that the person was so informed;
(2)	Obtain the registration information required under G.S. 14-208.7(b)(1) and (2), as well as the address where the person expects to reside upon the person's release; and
(3)	Send the Division and the sheriff of the county in which the person expects to reside the information collected in accordance with subdivision (2) of this subsection.
(b)	If a person who is subject to registration under this Article receives probation, suspended sentence, or only a fine, the court pronouncing sentence shall conduct the prerelease notification specified in subsection (a) of this section on the day of sentencing.
"§ 14-208.9.  Change of address.
(a)	If a person required to register changes address, the person shall provide written notice immediately after the change to the sheriff of the county with whom the person had last registered.  Not later than the third day after receipt of the notice, the sheriff shall forward this information to the Division.  If the person moves to another county in this State, the Division shall inform the sheriff of the new county of the person's residence.
(b)	Each person required to register pursuant to this statute shall on each anniversary of the person's initial registration date during the period in which the person is required to register, return to the sheriff's department in the county in which he resides, an address verification form prepared and mailed to them by the sheriffs department.  This form shall be signed and returned to the sheriff's department within 10 days of its receipt by the person required to register under this statute.
"§ 14-208.10.  Failure to register.
A person required by this Article to register who fails to register shall be guilty of a Class I felony for a first offense of violation of this Article, and a Class H felony for a subsequent conviction of a violation of this Article.  Proof of the conviction requiring registration and absence of a record of registration shall be prima facie evidence of a violation of this section.
"§ 14-208.11.  File With Police Information Network.
The Division shall include the registration information in the Police Information Network as set forth in G.S. 114-10.1.
"§ 14-208.12.  Community notification.
After registration of an individual required to do so pursuant to the provisions of this statute, the sheriff of the county where the registration occurs shall notify the community of the registrants presence in accordance with orders issued pursuant to G.S. 15A-1334(f)."
(b)	G.S. 114-10 reads as rewritten:
"§ 114-10.  Division of Criminal Statistics.
The Attorney General shall set up in the Department of Justice a division to be designated as the Division of Criminal Statistics. There shall be assigned to this Division by the Attorney General duties as follows:
(1)	To collect and correlate information in criminal law administration, including crimes committed, arrests made, dispositions on preliminary hearings, prosecutions, convictions, acquittals, punishment, appeals, together with the age, race, and sex of the offender, and such other information concerning crime and criminals as may appear significant or helpful. To correlate such information with the operations of agencies and institutions charged with the  supervision of offenders on probation, in penal and correctional institutions, on parole and pardon, so as to show the volume, variety and tendencies of crime and criminals and the workings of successive links in the machinery set up for the administration of the criminal law in connection with the arrests, trial, punishment, probation, prison parole and pardon of all criminals in North Carolina.
(2)	To collect, correlate, and maintain access to information that will assist in the performance of duties required in the administration of criminal justice throughout the State. This information may include, but is not limited to, motor vehicle registration, drivers' licenses, wanted and missing persons, stolen property, warrants, stolen vehicles, firearms registration, sexual offender registration as provided under Article 27A of Chapter 14, drugs, drug users and parole and probation histories. In performing this function, the Division may arrange to use information available in other agencies and units of State, local and federal government, but shall provide security measures to insure that such information shall be made available only to those whose duties, relating  to the administration of justice, require such information.
(3)	To make scientific study, analysis and comparison from the information so collected and correlated with similar information gathered by federal agencies, and to provide the  Governor and the General Assembly with the information so collected biennially, or more often if required by the Governor.
(4)	To perform all the duties heretofore imposed by law upon the Attorney General with respect to criminal statistics.
(5)	To perform such other duties as may be from time to time prescribed by the Attorney General."
(c)	G.S. 15A-1343 reads as rewritten:
"§ 15A-1343.  Conditions of probation.
(a)	In General. – The court may impose conditions of probation reasonably necessary to insure that the defendant will lead a law-abiding life or to assist him to do so.
(b)	Regular Conditions. – As regular conditions of probation, a defendant must:
(1)	Commit no criminal offense in any jurisdiction.
(2)	Remain within the jurisdiction of the court unless granted written permission to leave by the court or his probation officer.
(3)	Report as directed by the court or his probation officer to the officer at reasonable times and places and in a reasonable manner, permit the officer to visit him at reasonable times, answer all reasonable inquiries by the officer and obtain prior approval from the officer for, and notify the officer of, any change in address or employment.
(4)	Satisfy child support and other family obligations as required by the court.  If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S.  50-13.4(c).
(5)	Possess no firearm, explosive device or other deadly weapon listed in G.S. 14-269 without the written permission of the court.
(6)	Pay a supervision fee as specified in subsection (c1).
(7)	Remain gainfully and suitably employed or faithfully pursue a course of study or of vocational training that will equip him for suitable employment.  A defendant pursuing a course of study or of vocational training shall abide by all of the rules of the institution providing the education or training, and the probation officer shall forward a copy of the probation judgment to that institution and request to be notified of any violations of institutional rules by the defendant.
(8)	Notify the probation officer if he fails to obtain or retain satisfactory employment.
(9)	Pay the costs of court, any fine ordered by the court, and make restitution or reparation as provided in subsection (d).
(10)	Pay the State of North Carolina for the costs of appointed counsel, public defender, or appellate defender to represent him in the case(s) for which he was placed on probation.
(11)	At a time to be designated by his probation officer, visit with his probation officer a facility maintained by the Division of Prisons.
In addition to these regular conditions of probation, a defendant required to serve an active term of imprisonment as a condition of special probation pursuant to G.S. 15A-1344(e)	or G.S. 15A-1351(a) shall, as additional regular conditions of probation, obey the rules and regulations of the Department of Correction governing the conduct of inmates while imprisoned and report to a probation officer in the State of North Carolina within 72 hours of his discharge from the active term of imprisonment.
Regular conditions of probation apply to each defendant placed on supervised probation unless the presiding judge specifically exempts the defendant from one or more of the conditions in open court and in the judgment of the court.  It is not necessary for the presiding judge to state each regular condition of probation in open court, but the conditions must be set forth in the judgment of the court.
Defendants placed on unsupervised probation are subject to the provisions of this subsection, except that defendants placed on unsupervised probation are not subject to the regular conditions contained in subdivisions (2), (3), (6), (8), and (11).
(b1)	Special Conditions. – In addition to the regular conditions of probation specified in subsection (b), the court may, as a condition of probation, require that during the probation the defendant comply with one or more of the following special conditions:
(1)	Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(2)	Attend or reside in a facility providing rehabilitation, counseling, treatment, social skills, or employment training, instruction, recreation, or residence for persons on probation.
(2a)	Submit to a period of imprisonment in a facility for youthful offenders for a minimum of 90 days or a maximum of 120 days under special probation, reference G.S. 15A-1351(a) or G.S. 15A-1344(e), and abide by all rules and regulations as provided in conjunction with the Intensive Motivational Program of Alternative Correctional Treatment (IMPACT), which provides an atmosphere for learning personal confidence, personal responsibility, self-respect, and respect for attitudes and value systems.
(3)	Submit to imprisonment required for special probation under G.S. 15A-1351(a) or G.S. 15A-1344(e).
(3a)	Remain in one or more specified places for a specified period or periods each day, and wear a device that permits the defendant's compliance with the condition to be monitored electronically.
(3b)	Submit to supervision by officers assigned to the Intensive Probation Program established pursuant to G.S. 143B-262(c), and abide by the rules adopted for that Program.
(4)	Surrender his driver's license to the clerk of superior court, and not operate a motor vehicle for a period specified by the court.
(5)	Compensate the Department of Environment, Health, and Natural Resources or the North Carolina Wildlife Resources Commission, as the case may be, for the replacement costs of any marine and estuarine resources or any wildlife resources which were taken, injured, removed, harmfully altered, damaged or destroyed as a result of a criminal offense of which the defendant was convicted.  If any investigation is required by officers or agents of the Department of Environment, Health, and Natural Resources or the Wildlife Resources Commission in determining the extent of the destruction of resources involved, the court may include compensation of the agency for investigative costs as a condition of probation.  This subdivision does not apply in any case governed by G.S. 143-215.3(a)(7).
(6)	Perform community or reparation service and pay any fee required by law or ordered by the court for participation in the community or reparation service program.
(7)	Submit at reasonable times to warrantless searches by a probation officer of his person and of his vehicle and premises while he is present, for purposes specified by the court and reasonably related to his probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful.  Whenever the warrantless search consists of testing for the presence of illegal drugs, the probationer may also be required to reimburse the Department of Correction for the actual cost of drug screening and drug testing, if the results are positive.
(8)	Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for him by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used.
(8a)	Purchase the least expensive annual statewide license or combination of licenses to hunt, trap, or fish listed in G.S. 113-270.2, 113-270.3, 113-270.5, 113-271, 113-272, and 113-272.2 that would be required to engage lawfully in the specific activity or activities in which the defendant was engaged and which constitute the basis of the offense or offenses of which he was convicted.
(9)	If the offense is one in which there is evidence of physical, mental or sexual abuse of a minor, the court should encourage the minor and the minor's parents or custodians to participate in rehabilitative treatment and may order the defendant to pay the cost of such treatment.
(9a)	If the defendant is required to register in accordance with Article 27A of Chapter 14 of the General Statutes, the court may require a posting of a sign by the defendant at his residence warning others that the defendant has been determined to be a sex offender.
(10)	Satisfy any other conditions determined by the court to be reasonably related to his rehabilitation.
(c)	Statement of Conditions. – A defendant released on supervised probation must be given a written statement explicitly setting forth the conditions on which he is being released.  If any modification of the terms of that probation is subsequently made, he must be given a written statement setting forth the modifications.
(c1)	Supervision Fee. – Any person placed on supervised probation pursuant to subsection (a) shall pay a supervision fee of twenty dollars ($20.00) per month, unless exempted by the court.  The court may exempt a person from paying the fee only for good cause and upon written motion of the person placed on supervised probation.  No person shall be required to pay more than one supervision fee per month.  The court may require that the fee be paid in advance or in a lump sum or sums, and a probation officer may require payment by such methods if he is authorized by subsection (g) to determine the payment schedule.  Supervision fees must be paid to the clerk of court for the county in which the judgment was entered or the deferred prosecution agreement was filed.  Fees collected under this subsection shall be transmitted to the State for deposit into the State's General Fund.
(d)	Restitution as a Condition of Probation. – As a condition of probation, a defendant may be required to make restitution or reparation to an aggrieved party or parties who shall be named by the court for the damage or loss caused by the defendant arising out of the offense or offenses committed by the defendant.  When restitution or reparation is a condition imposed, the court shall take into consideration the resources of the defendant, including all real and personal property owned by the defendant and the income derived from such property, his ability to earn, his obligation to support dependents, and such other matters as shall pertain to his ability to make restitution or reparation, but the court is not required to make findings of fact or conclusions of law on these matters when the sentence is imposed.  The amount must be limited to that supported by the record, and the court may order partial restitution or reparation when it appears that the damage or loss caused by the offense or offenses is greater than that which the defendant is able to pay.  An order providing for restitution or reparation shall in no way abridge the right of any aggrieved party to bring a civil action against the defendant for money damages arising out of the offense or offenses committed by the defendant, but any amount paid by the defendant under the terms of an order as provided herein shall be credited against any judgment rendered against the defendant in such civil action.  As used herein, 'restitution' shall mean (i) compensation for damage or loss as could ordinarily be recovered by an aggrieved party in a civil action, and (ii) reimbursement to the State for the total amount of a judgment authorized by G.S. 7A-455(b).  As used herein, 'reparation' shall include but not be limited to the performing of community services, volunteer work, or doing such other acts or things as shall aid the defendant in his rehabilitation.  As used herein 'aggrieved party' includes individuals, firms, corporations, associations, other organizations, and government agencies, whether federal, State or local, including the Crime Victims Compensation Fund established by G.S. 15B-23.  Provided, that no government agency shall benefit by way of restitution except for particular damage or loss to it over and above its normal operating costs and except that the State may receive restitution for the total amount of a judgment authorized by G.S. 7A-455(b).  A government agency may benefit by way of reparation even though the agency was not a party to the crime provided that when reparation is ordered, community service work shall be rendered only after approval has been granted by the owner or person in charge of the property or premises where the work will be done.  Provided further, that no third party shall benefit by way of restitution or reparation as a result of the liability of that third party to pay indemnity to an aggrieved party for the damage or loss caused by the defendant, but the liability of a third party to pay indemnity to an aggrieved party or any payment of indemnity actually made by a third party to an aggrieved party does not prohibit or limit in any way the power of the court to require the defendant to make complete and full restitution or reparation to the aggrieved party for the total amount of the damage or loss caused by the defendant.  Restitution or reparation measures are ancillary remedies to promote rehabilitation of criminal offenders, to provide for compensation to victims of crime, and to reimburse the Crime Victims Compensation Fund established by G.S. 15B-23, and shall not be construed to be a fine or other punishment as provided for in the Constitution and laws of this State.
(e)	Costs of Court and Appointed Counsel. – Unless the court finds there are extenuating circumstances, any person placed upon supervised or unsupervised probation under the terms set forth by the court shall, as a condition of probation, be required to pay all court costs and costs for appointed counsel or public defender in the case in which he was convicted.  The court shall determine the amount due and the method of payment.
(f)	Repealed by Session Laws 1983, ch. 561, s. 5.
(g)	Probation Officer May Determine Payment Schedules. – If a person placed on supervised probation is required as a condition of that probation to pay any moneys to the clerk of superior court, the court may delegate to a probation officer the responsibility to determine the payment schedule.  The court may also authorize the probation officer to transfer the person to unsupervised probation after all the moneys are paid to the clerk.  If the probation officer transfers a person to unsupervised probation, he must notify the clerk of that action."
(d)	G.S. 15A-1334 is amended by adding a new subsection to read:
"( f)	The Court shall in all cases where a defendant is convicted of an offense which requires registration pursuant to the provisions of G.S. 14-208.5 make findings of fact to determine the degree of risk of re-offense by the defendant upon release from custody.  Relevant factors to be considered shall include, but not be limited to:
(1)	Conditions of release that minimize risk of re-offense, including, but not limited to, whether the offender is under supervision of probation or parole; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision;
(2)	Physical conditions that minimize risk of re-offense, including, but not limited to, advanced age or debilitating illness;
(3)	Criminal history factors indicative of high risk of re-offense, including:
a.	Whether the offender's conduct was found to be characterized by repetitive and compulsive behavior;
b.	Whether the offender served the maximum term; and
c.	Whether the offender committed the sex offense against a child;
(4)	Other criminal history factors to be considered in determining risk, including:
a.	The relationship between the offender and the victim;
b.	Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury; and
c.	The number, date, and nature of prior offenses;
(5)	Whether psychological or psychiatric profiles indicate a risk of recidivism;
(6)	The offender's response to treatment;
(7)	Recent behavior, including behavior while confined or while under supervision in the community as well as behavior in the community following service of sentence; and
(8)	Recent threats against persons or expressions of intent to commit additional crimes.
The court shall classify the risk of re-offense as either low, moderate, or high.  If the risk of re-offense is low, no reporting action other than compliance with the registration provisions of G.S. 14-208.5 shall be ordered.  If the risk of re-offense is moderate, the court shall order that upon the defendant's release from custody the sheriff of the county where the offender has registered pursuant to the provisions of G.S. 14-208.5 shall notify organizations in the county including schools and religious and youth organizations in accordance with guidelines to be established by the Administrative Office of the Courts.  If the risk of re-offense is high, then the court shall order that upon the defendant's release from custody the sheriff of the county where the offender has registered pursuant to the provisions of G.S. 14-208.5 shall notify the public in accordance with guidelines to be established by the Administrative Office of the Courts.
The Administrative Office of the Courts guidelines established pursuant to this section shall provide for the manner in which records of notification provided pursuant to this section shall be maintained and disclosed."
Sec. 2.  (a)	G.S. 148-4.1(c1) reads as rewritten:
"(c1)	For purposes of this section only, 'prison capacity' means the number of prisoners housed in facilities located in North Carolina and owned or operated by the State of North Carolina, as set by the Governor. In setting the prison capacity for purposes of this section, the Governor shall consider the number of beds available and shall make a finding that the number set would not jeopardize the State's ability to perform its obligations under the law. In no event shall the number set by the Governor under this subsection exceed 29,775."
(b)	Effective September 1, 1996, G.S. 148-4.1 reads as rewritten:
"§ 148-4.1.  Release of inmates.
(a)	Whenever the Secretary of Correction determines from data compiled by the Department of Correction that it is necessary to reduce the prison population to a more manageable level, he shall direct the Parole Commission to release on parole over a reasonable period of time a number of prisoners sufficient to that purpose.  From the time the Secretary directs the Parole Commission to begin releasing prisoners on parole until the prison population has been reduced to a more manageable level, the Secretary may not accept any inmates ordered transferred from local confinement facilities to the State prison system under G.S. 148-32.1(b).  Further, the Secretary may return any inmate housed in the State prison system under an order entered pursuant to G.S. 148-32.1(b) to the local confinement facility from which the inmate was transferred.
(b)	Except as provided in subsection (c), only inmates who are otherwise eligible for parole pursuant to Article 85 of Chapter 15A or pursuant to Article 3B of this Chapter may be released under this section.
(c)	Persons eligible for parole under Article 85A of Chapter 15A shall be eligible for early parole under this section nine months prior to the discharge date otherwise applicable, and six months prior to the date of automatic 90-day parole authorized by G.S. 15A-1380.2.
		(d)	
						(h)	A person sentenced under Article 81B of Chapter 15A of the General Statutes shall not be released pursuant to this section."
(c)	Effective September 1, 1996, G.S. 148-32.1(b) reads as rewritten:
"(b)	In the event that the custodian of the local confinement facility certifies in writing to the clerk of the superior court in the county in which said local confinement facility is located that the local confinement facility is filled to capacity, or that the facility cannot reasonably accommodate any more prisoners due to segregation requirements for particular prisoners, or that the custodian anticipates, in light of local experiences, an influx of temporary prisoners at that time, or if the local confinement facility does not meet the minimum standards published pursuant to G.S. 153A-221, any judge of the district court in the district court district as defined in G.S. 7A-133 where the facility is located, or any superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or 7A-48 in a district or set of districts as defined in G.S. 7A-41.1 where the facility is located may order that the prisoner be transferred to any other qualified local confinement facility within that district or within another such district where space is available, including a satellite jail unit operated pursuant to G.S. 153A-230.3 if the prisoner is a non-violent misdemeanant, which local facility shall accept the transferred prisoner, if the prison population has exceeded a manageable level as provided for in G.S. 148-4.1(a).  If no such local confinement facility is available, then any such judge may order the prisoner transferred to such camp or facility as the proper authorities of the Department of Correction shall designate, notwithstanding that the term of imprisonment of the prisoner is 90 days or less. In no event, however, shall a prisoner whose term of imprisonment is less than 30 days be assigned or ordered transferred to any such camp or facility."
Sec. 3.  (a)	G.S. 115C-391 reads as rewritten:
"§ 115C-391.  Corporal punishment, suspension, or expulsion of pupils.
	(a)	Local boards of education shall adopt policies not inconsistent with the provisions of the Constitutions of the United States and North Carolina, governing the conduct of students and establishing procedures to be followed by school officials in suspending or expelling any student, or in disciplining any student if the offensive behavior could result in suspension, expulsion, or the administration of corporal punishment.  The policies that shall be adopted for the administration of corporal punishment shall include at a minimum the following conditions:
(1)	Corporal punishment shall not be administered in a classroom with other children present;
(2)	The student body shall be informed beforehand what general types of misconduct could result in corporal punishment;
(3)	Only a teacher, substitute teacher, principal, or assistant principal may administer corporal punishment and may do so only in the presence of a principal, assistant principal, teacher, substitute teacher, teacher assistant, or student teacher, who shall be informed beforehand and in the student's presence of the reason for the punishment; and
(4)	An appropriate school official shall provide the child's parent or guardian with notification that corporal punishment has been administered, and upon request, the official who administered the corporal punishment shall provide the child's parent or guardian a written explanation of the reasons and the name of the second school official who was present.
The board shall publish all the policies mandated by this subsection and make them available to each student and his parent or guardian at the beginning of each school year.  Notwithstanding any policy adopted pursuant to this section, school personnel may use reasonable force, including corporal punishment, to control behavior or to remove a person from the scene in those situations when necessary:
(1)	To quell a disturbance threatening injury to others;
(2)	To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student;
(3)	For self-defense; or
(4)	For the protection of persons or property.
(b)	The principal of a school, or his delegate, shall have authority to suspend for a period of 10 days or less any student who willfully violates policies of conduct established by the local board of education: Provided, that a student suspended pursuant to this subsection shall be provided an opportunity to take any quarterly, semester or grading period examinations missed during the suspension period.
(c)	The principal of a school, with the prior approval of the superintendent, shall have the authority to suspend for periods of times in excess of 10 school days but not exceeding the time remaining in the school year, any pupil who willfully violates the policies of conduct established by the local board of education. The pupil or his parents may appeal the decision of the principal to the local board of education.
(d)	A local board of education may, upon recommendation of the principal and superintendent, expel any student 14 years of age or older (i) who has been convicted of a felony, (ii) who has been adjudicated delinquent for committing an offense that would be a felony if committed by an adult, or (iii) whose continued presence in school constitutes a clear threat to the safety and health of other students or employees. Notwithstanding the provisions of G.S. 115C-112, a local board of education has no duty to continue to provide a child with special needs, expelled pursuant to this subsection, with any special education or related services during the period of expulsion.
(d1)	A local board of education shall suspend for 365 calendar days any student who brings a firearm onto school property.
(e)	A decision of a local board under subsection (c) or (d) is final and, except as provided in this subsection, is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes.  A person seeking judicial review shall file a petition in the superior court of the county where the local board made its decision.
(f)	Local boards of education shall, no later than December 1, 1993, reevaluate and update their policies related to school safety so they reflect changes authorized by the 1993 General Assembly.  In particular, boards shall ensure they have clear policies governing the conduct of students, which state the consequences of violent or assaultive behavior, possessions of weapons, and criminal acts committed on school property or at school-sponsored functions.  The State Board shall develop guidelines to assist local boards in this process."
(b)	This section becomes effective August 1, 1995.
Sec. 4.  Section 1 of this act is effective upon ratification, except that registration referred to under subsection (a) of Section 1 of this act becomes effective July 1, 1996.  Section 1 applies to all persons convicted before, on, or after ratification.  Subsections (b) and (c) of Section 2 of this act become effective September 1, 1996.  The remainder of this section is effective upon ratification.  Section 3 of this act becomes effective August 1, 1995.  The remainder of this act is effective upon ratification.