A BILL TO BE ENTITLED
AN ACT to clarify the definition of the term "caretaker" used in the juvenile code; to amend G.S. 14‑401.11 to also prohibit the knowing distribution of a beverage that contains any substance that could be injurious to a person's health; and to amend the definition for the term "mentally incapacitated" used in article 7b of chapter 14 of the general statutes.
The General Assembly of North Carolina enacts:

CLARIFY DEFINITION OF THE TERM "CARETAKER" USED IN THE JUVENILE CODE
SECTION 1.  G.S. 7B‑101(3) reads as rewritten:
"(3)	Caretaker. – Any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a juvenile in a residential setting. A person responsible for a juvenile's health and welfare means a stepparent; foster parent; an adult member of the juvenile's household; an adult entrusted with the juvenile's care; a potential adoptive parent during a visit or trial placement with a juvenile in the custody of a department; any person such as a house parent or cottage parent who has primary responsibility for supervising a juvenile's health and welfare in a residential child care facility or residential educational facility; or any employee or volunteer of a division, institution, or school operated by the Department of Health and Human Services. Nothing in this subdivision shall be construed to impose a legal duty of support under Chapter 50 or Chapter 110 of the General Statutes. The duty imposed upon a caretaker as defined in this subdivision shall be for the purpose of this Subchapter only."

AMEND G.S. 14‑401.11 TO PROHIBIT THE KNOWING DISTRIBUTION OF A BEVERAGE THAT CONTAINS ANY SUBSTANCE THAT COULD BE INJURIOUS TO A PERSON'S HEALTH
SECTION 2.  G.S. 14‑401.11 reads as rewritten:
"§ 14‑401.11.  Distribution of certain food or beverage prohibited.
(a)	It shall be unlawful for any person to knowingly distribute, sell, give away or otherwise cause to be placed in a position of human accessibility or ingestion, any food, beverage, or other eatable or drinkable substance which that person knows to contain any of the following:
(1)	Any noxious or deleterious substance, material or article which might be injurious to a person's health or might cause a person any physical discomfort.
(2)	Any controlled substance included in any schedule of the Controlled Substances Act.
(3)	Any poisonous chemical or compound or any foreign substance such as, but not limited to, razor blades, pins, and ground glass, which might cause death, serious physical injury or serious physical pain and discomfort.
(b)	Penalties.
(1)	Any person violating the provisions of G.S. 14‑401.11(a)(1):
a.	Where the actual or possible effect on a person eating or drinking the food, beverage, or other substance was or would be limited to mild physical discomfort without any lasting effect, shall be guilty of a Class I felony.
b.	Where the actual or possible effect on a person eating or drinking the food, beverage, or other substance was or would be greater than mild physical discomfort without any lasting effect, shall be punished as a Class H felon.
(2)	Any person violating the provisions of G.S. 14‑401.11(a)(2) shall be punished as a Class F felon.
(3)	Any person violating the provisions of G.S. 14‑401.11(a)(3) shall be punished as a Class C felon."

AMEND DEFINITION FOR THE TERM "MENTALLY INCAPACITATED" USED IN ARTICLE 7B OF CHAPTER 14 OF THE GENERAL STATUTES
SECTION 3.  G.S. 14‑27.20(2) reads as rewritten:
"(2)	Mentally incapacitated. – A victim who due to any act is rendered substantially incapable of either appraising the nature of his or her conduct, or resisting the act of vaginal intercourse or a sexual act."

SAVINGS CLAUSE
SECTION 4.  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

EFFECTIVE DATE
SECTION 5.  This act becomes effective December 1, 2019, and applies to offenses committed on or after that date.