A BILL TO BE ENTITLED
AN ACT to make it a felony to knowingly operate a child care FACILITY illegally.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 110‑103 reads as rewritten:
"§ 110‑103.  Criminal penalty.

(a)	Any person who operates a child care facility as defined in G.S. 110-86(3) and who provides child care in knowing and willful violation of the provisions of this Article is guilty of a Class I felony.
(b)	Any person who operates a child care facility as defined in G.S. 110-86(3) and knowingly and willfully provides child care for more than two children for more than four hours per day on two or more consecutive days is guilty of a Class I felony.
(c)	A violation of subsection (a) or (b) of this section that results in the creation of an unreasonable risk of harm to a child attending the child care facility shall be punished as a Class H felony.
(d)	A violation of subsection (a) or (b) of this section that results in serious injury to a child attending the child care facility shall be punished as a Class H felony.
(e)	Any person who violates this section after being found guilty of a prior violation of subsection (a) or (b) of this section shall be guilty of a Class H felony.
(f)	This section shall not apply to any person who, within 24 hours of notification that the person has violated the provisions of this Article, complies with all applicable laws and rules and where there is no evidence that a child has been harmed as a result of the violation."
SECTION 2.  This act is effective when it becomes law.