A BILL TO BE ENTITLED
AN ACT extending the statute of limitations for a civil action for child sexual abuse so that a plaintiff has until age tHIRTY‑EIGHT to commence an action AND TO REQUIRE TRAINING ON CHILD SEX ABUSE AND SEX TRAFFICKING FOR SCHOOL PERSONNEL.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 1‑17 is amended by adding a new subsection to read:
"(d)	Notwithstanding the provisions of subsections (a), (b), and (c) of this section, a plaintiff may file a civil action against a defendant for sexual abuse suffered while the plaintiff was under 18 years of age until the plaintiff attains 38 years of age."
SECTION 2.(a)  G.S. 1‑52 reads as rewritten:
"§ 1‑52.  Three years.
Within three years an action ‑
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(5)	For criminal conversation, or for any other injury to the person or rights of another, not arising on contract and not hereafter enumerated, except as provided by G.S. 1‑17(d).
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(16)	Unless otherwise provided by law, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1‑15(c), shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs. Except as provided in G.S. 130A‑26.3 or G.S. 1‑17(d), no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action.
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(19)	For assault, battery, or false imprisonment, except as provided by G.S. 1‑17(d).
…."
SECTION 2.(b)  Effective from January 1, 2020, until December 31, 2021, this section revives any civil action for child sexual abuse otherwise time‑barred under G.S. 1‑52 as it existed immediately before the enactment of this act.
SECTION 3.  G.S. 1‑56 reads as rewritten:
"§ 1‑56.  All other actions, 10 years.
(a)	Except as provided by subsection (b) of this section, an action for relief not otherwise limited by this subchapter may not be commenced more than 10 years after the cause of action has accrued.
(b)	A civil action for child sexual abuse is not subject to the limitation in this section."
SECTION 4.(a)  G.S. 115C‑47 is amended by adding a new subdivision to read:
"(64)	To adopt a child sexual abuse and sex trafficking training program. – Each local board of education shall adopt and implement a child sexual abuse and sex trafficking training program for school personnel who work directly with students in grades kindergarten through 12, as required by G.S. 115C‑375.20."
SECTION 4.(b)  G.S. 115C‑218.75 is amended by adding a new subsection to read:
"(g)	Child Sexual Abuse and Sex Trafficking Training Program. – A charter school shall adopt and implement a child sexual abuse and sex trafficking training program in accordance with G.S. 115C‑375.20."
SECTION 4.(c)  G.S. 115C‑238.66 is amended by adding a new subdivision to read:
"(14)	Child sexual abuse and sex trafficking training program. – The board of directors shall adopt and implement a child sexual abuse and sex trafficking training program in accordance with G.S. 115C‑375.20."
SECTION 4.(d)  G.S. 116‑239.8(b) is amended by adding a new subdivision to read:
"(17)	Child sexual abuse and sex trafficking training program. – The chancellor shall adopt and ensure implementation of a child sexual abuse and sex trafficking training program in accordance with G.S. 115C‑375.20."
SECTION 4.(e)  The title of Article 25A of Chapter 115C of the General Statutes reads as rewritten:
"Article 25A.
"Special Medical Needs of Students and Identification of Sexual Abuse of Students."
SECTION 4.(f)  Article 25A of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑375.20.  Child sexual abuse and sex trafficking training program required.
(a)	Each local board of education shall adopt and implement a child sexual abuse and sex trafficking training program for school personnel who work directly with students in grades kindergarten through 12 that provides education and awareness training related to child sexual abuse and sex trafficking, including, but not limited to, the warning signs of sexual abuse and sex trafficking, how to intervene when sexual abuse or sex trafficking is suspected or disclosed, legal responsibilities for reporting sexual abuse or sex trafficking, and available resources for assistance. This training may be provided by local nongovernmental organizations with expertise in these areas, local law enforcement officers, or other officers of the court. All school personnel who work with students in grades kindergarten through 12 shall receive two hours of training consistent with this section biennially.
(b)	No entity required to adopt a child sexual abuse and sex trafficking training program by G.S. 115C‑47(64), 115C‑218.75(g), 115C‑238.66(14), or 116‑239.8(b)(17), or its members, employees, designees, agents, or volunteers, shall be liable in civil damages to any party for any loss or damage caused by any act or omission relating to the provision of, participation in, or implementation of any component of a child sexual abuse and sex trafficking training program required by this section, unless that act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing. Nothing in this section shall be construed to impose any specific duty of care or standard of care on an entity required to adopt a child sexual abuse and sex trafficking training program by G.S. 115C‑47(64), 115C‑218.75(g), 115C‑238.66(14), or 116‑239.8(b)(17)."
SECTION 4.(g)  This section is effective when it becomes law. Each entity required by Section 4(a), (b), (c), and (d) to adopt and implement a child sexual abuse and sex trafficking training program shall do so by January 1, 2020, and training shall be required for school personnel beginning with the 2020‑2021 school year.
SECTION 5.  There is appropriated from the General Fund to the Department of Public Instruction the sum of fifty thousand dollars ($50,000) for the 2019‑2020 fiscal year to assist local school administrative units, charter schools, regional schools, innovative schools, and laboratory schools in implementing the training requirement in Section 4 of this act.
SECTION 6.  If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 7.  Except as specifically provided, this act is effective when it becomes law, and Section 2 of this act applies to civil actions commenced on or after that date.