GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 496

Short Title:  Assault on School Bus Driver.	(Public)

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Sponsors: Representatives Sexton; Adams, Allred, Arnold, Baker, Barbee, Boyd-McIntyre, Brawley, Carpenter, Cocklereece, Culp, Cummings, Davis, Dockham, Earle, Easterling, Eddins, Ellis, H. Hunter, Ives, Kiser, McAllister, McComas, McCrary, McLaughlin, McMahan, Michaux, K. Miller, Mitchell, Oldham, Owens, Pate, Preston, Pulley, Reynolds, Richardson, Russell, Shaw, Shubert, Wainwright, Watson, Weatherly, G. Wilson, and Yongue.

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Referred to:  Judiciary II.

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March 20, 1995

A BILL TO BE ENTITLED
AN ACT TO CREATE AN OFFENSE FOR ASSAULTING A SCHOOL BUS DRIVER.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-33.2.  Misdemeanor assault of school bus driver.
A person is guilty of a Class 1 misdemeanor if:
(1)	The person threatens to physically injure a school bus driver when the school bus driver is discharging or attempting to discharge his or her duties;
(2)	The threat is communicated to the school bus driver orally, in writing, or by other means;
(3)	The school bus driver reasonably believes that the threat will be carried out; and
(4)	The person is not a student enrolled at the school to which the school bus provides transportation."
Sec. 2.  Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-34.5.  Felonious assault of school bus driver and others.
Any person who without lawful permission or authority boards a school bus and commits an assault upon a school bus driver, school bus monitor, school employee, or student who is boarding the school bus or who is on the school bus is guilty of a Class I felony."
Sec. 3.  This act becomes effective December 1, 1995, and applies to offenses committed on or after that date.