A BILL TO BE ENTITLED
AN ACT to create various criminal offenses that extend the same protection that a current law provides for executive, legislative, and court officers to a person engaged in school activities or on school property.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 5A of Chapter 14 of the General Statutes reads as rewritten:
"Article 5A.
"Endangering Executive, Legislative, and Court Officers and Persons Engaged in School Activities or on School Property.
"§ 14‑16.6.  Assault on executive, legislative, or court officer.
(a)	Any person who assaults any legislative officer, executive officer, or court officer, or any person who makes a violent attack upon the residence, office, temporary accommodation or means of transport of any one of those officers in a manner likely to endanger the officer, shall be guilty of a felony and shall be punished as a Class I felon.
(b)	Any person who commits an offense under subsection (a) and uses a deadly weapon in the commission of that offense shall be punished as a Class F felon.
(c)	Any person who commits an offense under subsection (a) and inflicts serious bodily injury to any legislative officer, executive officer, or court officer, shall be punished as a Class F felon.
"§ 14‑16.7.  Threats against executive, legislative, or court officers, or persons engaged in school activities or on school property.
(a)	Any person who knowingly and willfully makes any threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, or court officer, shall be guilty of a felony and shall be punished as a Class I felon.
(a1)	Any person who knowingly and willfully threatens to inflict serious bodily injury upon, or to kill, any person when the threat is intended to be carried out on school property or during any school activity is guilty of a Class I felony.
(a2)	Any person who knowingly and willfully threatens to inflict physical injury upon any school employee or school volunteer is guilty of a Class I felony.
(b)	Any person who knowingly and willfully deposits for conveyance in the mail any letter, writing, or other document containing a threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, court officer, or school employee or volunteer shall be guilty of a felony and shall be punished as a Class I felon.
"§ 14‑16.8.  No requirement of receipt of the threat.
In prosecutions under G.S. 14‑16.7 of this Article it shall not be necessary to prove that any legislative officer, executive officer, court officer, or school employee, volunteer, or other person actually received the threatening communication or actually believed the threat.
"§ 14‑16.9.  Officers‑elect to be covered.
Any person who has been elected to any office covered by this Article but has not yet taken the oath of office shall be considered to hold the office for the purpose of this Article and G.S. 114‑15.
"§ 14‑16.9A.  Threats against school property.
(a)	Any person who knowingly and willfully makes any threat to damage or harm the property of any school facility with the use of a firearm, explosives, or fire shall be guilty of a Class I felony.
(b)	Any person who knowingly and willfully makes any threat to damage or harm the property of any school facility by means other than firearm, explosives, or fire shall be guilty of a Class 1 misdemeanor."
"§ 14‑16.10.  Definitions.
The following definitions apply in this Article:
(1)	Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or deputy clerk, judge, or justice of the General Court of Justice; district attorney, assistant district attorney, or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney; public defender or assistant defender; court reporter; juvenile court counselor as defined in G.S. 7B‑1501(18a); any attorney or other individual employed by or acting on behalf of the department of social services in proceedings pursuant to Subchapter I of Chapter 7B of the General Statutes; any attorney or other individual appointed pursuant to G.S. 7B‑601 or G.S. 7B‑1108 or employed by the Guardian ad Litem Services Division of the Administrative Office of the Courts.
(2)	Executive officer. – A person named in G.S. 147‑3(c).
(3)	Legislative officer. – A person named in G.S. 147‑2(1), (2), or (3).
(4)	School employee. –The term includes the following:
a.	A full‑ or part‑time employee of a local board of education, or a charter school authorized under G.S. 115C‑238.29D, or a nonpublic school that has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes, who is discharging or attempting to discharge his or her duties as an employee or volunteer for that board of education or school; and
b.	An independent contractor or employee of an independent contractor of a local board of education, or a charter school authorized under G.S. 115C‑238.29D, or a nonpublic school which has filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the General Statutes, if the independent contractor is discharging or attempting to discharge duties customarily performed by employees of the school.
(5)	School volunteer. – Any adult who volunteers his or her services or presence at any school or school activity and is under the supervision of a school employee as defined in this Article."
SECTION 2.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.