AN ACT to ENHANCE THE PENALTY FOR AN ASSAULT IN THE PRESENCE OF A MINOR.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑33 is amended by adding a new subsection to read:
"(d)	Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person, or uses a deadly weapon, in violation of subdivision (c)(1) of this section, on a person with whom the person has a personal relationship, and in the presence of a minor, shall be placed on supervised probation in addition to any other punishment imposed by the court.
A person committing a second or subsequent violation of this subsection shall be sentenced to an active punishment of no less than 30 days in addition to any other punishment imposed by the court.
The following definitions apply to this subsection:
(1)	"Personal relationship" is as defined in G.S. 50B-1(b).
(2)	"In the presence of a minor" means that the minor was in a position to have observed the assault.
(3)	"Minor" is any person under the age of 18 years who is residing with or is under the care and supervision of, and who has a personal relationship with, the person assaulted or the person committing the assault."
SECTION 2. This act becomes effective December 1, 2003, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 18th day of July, 2003.

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		 Beverly E. Perdue
	 President of the Senate

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		 Richard T. Morgan
	 Speaker of the House of Representatives

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		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2003