A BILL TO BE ENTITLED
AN ACT to protect children from sexual abuse by increasing prosecutorial options for delayed reports of child abuse, TO EXPAND THE DUTY TO REPORT CHILD ABUSE, TO PROTECT CHILDREN FROM ONLINE PREDATORS, TO EXTEND 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:

part i. title
SECTION 1.  This act shall be known and may be cited as "The Sexual Assault Fast Reporting and Enforcement (Safe Child) Act of 2019."

part ii. expand duty to report crimes against juveniles
SECTION 2.(a)  Article 39 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑318.6.  Failure to report crimes against juveniles; penalty.
(a)	Definitions. – As used in this section, the following definitions apply:
(1)	Juvenile. – As defined in G.S. 7B‑101. For the purposes of this section, the age of the juvenile at the time of the abuse or offense governs.
(2)	Serious bodily injury. – As defined in G.S. 14‑318.4(d).
(3)	Serious physical injury. – As defined in G.S. 14‑318.4(d).
(4)	Sexually violent offense. – An offense committed against a juvenile that is a sexually violent offense as defined in G.S. 14‑208.6(5). This term also includes the following: an attempt, solicitation, or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.
(5)	Violent offense. – Any offense that inflicts upon the juvenile serious bodily injury or serious physical injury by other than accidental means. This term also includes the following: an attempt, solicitation, or conspiracy to commit any of these offenses; aiding and abetting any of these offenses.
(b)	Requirement. – Any person 18 years of age or older, other than the juvenile's parent or guardian, who knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse under G.S. 14‑318.2 shall immediately report the case of that juvenile to the appropriate local law enforcement agency in the county where the juvenile resides or is found. The report may be made orally or by telephone. The report shall include information as is known to the person making it, including the name, address, and age of the juvenile; the name and address of the juvenile's parent, guardian, custodian, or caretaker; the name, address, and age of the person who committed the offense against the juvenile; the location where the offense was committed; the names and ages of other juveniles present or in danger; the present whereabouts of the juvenile, if not at the home address; the nature and extent of any injury or condition resulting from the offense or abuse; and any other information which the person making the report believes might be helpful in establishing the need for law enforcement involvement. The person making the report shall give his or her name, address, and telephone number.
(c)	Penalty. – Any person 18 years of age or older, who knows or should have reasonably known that a juvenile was the victim of a violent offense, sexual offense, or misdemeanor child abuse under G.S. 14‑318.2, and knowingly or willfully fails to report as required by subsection (b) of this section, or who knowingly or willfully prevents another person from reporting as required by subsection (b) of this section, is guilty of a Class 1 misdemeanor.
(d)	Construction. – Nothing in this section shall be construed as relieving a person subject to the requirement set forth in subsection (b) of this section from any other duty to report required by law.
(e)	Protection. – The identity of a person making a report pursuant to this section must be protected and only revealed as provided in G.S. 132‑1.4(c)(4).
(f)	Good‑Faith Immunity. – A person who makes a report in good faith under this Article, cooperates with law enforcement in an investigation, or testifies in any judicial proceeding resulting from a law enforcement report or investigation is immune from any civil or criminal liability that might otherwise be incurred or imposed for that action, provided that person was acting in good faith.
(g)	Law Enforcement Duty to Report Evidence to the Department of Social Services. – If any law enforcement officer, as the result of a report, finds evidence that a juvenile may be abused, neglected, or dependent as defined in G.S. 7B‑101, the law enforcement officer shall make an oral report as soon as practicable and make a subsequent written report of the findings to the director of the department of social services within 48 hours after discovery of the evidence. When a report of abuse, neglect, or dependency is received, the director of the department of social services shall make a prompt and thorough assessment, in accordance with G.S. 7B‑302, to determine whether protective services should be provided or the complaint filed as a petition.
(h)	Nothing in this section shall be construed as to require a person with a privilege under G.S. 8‑53.3, 8‑53.7, 8‑53.8, or 8‑53.12 or with attorney‑client privilege to report pursuant to this section if that privilege would prevent them from doing so."

part iii. expanding the statute of limitations for misdemeanor crimes involving abuse against children
SECTION 3.(a)  G.S. 15‑1 reads as rewritten:
"§ 15‑1.  Statute of limitations for misdemeanors.
(a)	The crimes of deceit and malicious mischief, and the crime of petit larceny where the value of the property does not exceed five dollars ($5.00), and all misdemeanors except malicious misdemeanors, shall be charged within two years after the commission of the same, and not afterwards: Provided, that if any pleading shall be defective, so that no judgment can be given thereon, another prosecution may be instituted for the same offense, within one year after the first shall have been abandoned by the State.
(b)	Notwithstanding subsection (a) of this section, the following misdemeanors shall be charged within 10 years of the commission of the crime:
(1)	G.S. 7B‑301(b).
(2)	G.S. 14‑27.33.
(3)	G.S. 14‑202.2.
(4)	G.S. 14‑318.2.
(5)	G.S. 14‑318.6."

part iv. protecting children online from high‑risk sex offenders
SECTION 4.(a)  G.S. 14‑202.5 reads as rewritten:
"§ 14‑202.5.  Ban online conduct by high‑risk sex offenders that endangers children.
(a)	Offense. – It is unlawful for a high‑risk sex offender to do any of the following online:
(1)	To communicate with a person that the offender believes is under 16 years of age.
(2)	To contact a person that the offender believes is under 16 years of age.
(3)	To pose falsely as a person under 16 years of age with the intent to commit an unlawful sex act with a person the offender believes is under 16 years of age.
(4)	To use a Web site to gather information about a person that the offender believes is under 16 years of age.
(5)	To use a commercial social networking Web site in violation of a policy, posted in a manner reasonably likely to come to the attention of users, prohibiting convicted sex offenders from using the site.
(b)	Definition of Commercial Social Networking Web Site. – For the purposes of this section, a "commercial social networking Web site" includes any Web site, application, portal, or other means of accessing the Internet that meets all of the following requirements:
(1)	Is operated by a person who derives revenue from membership fees, advertising, or other sources related to the operation of the Web site.
	
(3)	Allows users to create personal Web pages or profiles that contain the user's name or nickname, photographs of the user, and other personal information.
(4)	Provides users or visitors a mechanism to communicate with others, such as a message board, chat room, or instant messenger.
(c)	Exclusions from Commercial Social Networking Web Site Definition. – A commercial social networking Web site does not include a Web site that meets either of the following requirements:
	
(2)	Has as its primary purpose the facilitation of commercial transactions, the dissemination of news, the discussion of political or social issues, or professional networking.
(3)	Is a Web site owned or operated by a local, State, or federal governmental entity.
(c1)	Definition of High‑Risk Sex Offender. – For purposes of this section, the term "high‑risk sex offender" means any person registered in accordance with Article 27A of Chapter 14 of the General Statutes that meets any of the following requirements:
(1)	Was convicted of an aggravated offense, as that term is defined in G.S. 14‑208.6, against a person under 18 years of age.
(2)	Is a recidivist, as that term is defined in G.S. 14‑208.6, and one offense is against a person under 18 years of age.
(3)	Was convicted of an offense against a minor, as that term is defined in G.S. 14‑208.6.
(4)	Was convicted of a sexually violent offense, as that term is defined in G.S. 14‑208.6, against a person under 18 years of age.
(5)	Was found by a court to be a sexually violent predator, as that term is defined in G.S. 14‑208.6, based on a conviction of a sexually violent offense committed against a minor.
(d)	Jurisdiction. – The offense is committed in the State for purposes of determining jurisdiction, if the transmission that constitutes the offense either originates in the State or is received in the State.
(e)	Punishment. – A violation of this section is a Class H felony.
(f)	Severability. – If any provision of this section or its application is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provisions or applications, and, to this end, the provisions of this section are severable."
SECTION 4.(b)  G.S. 14‑202.5A reads as rewritten:
"§ 14‑202.5A.  Liability of commercial social networking sites.
(a)	A commercial social networking site, as defined in G.S. 14‑202.5, that complies with G.S. 14‑208.15A or makes other reasonable efforts to prevent a high‑risk sex offender, as defined in G.S. 14‑202.5, from using its Web site to endanger children shall not be held civilly liable for damages arising out of the sex offender's communications on the social networking site's system or network.
	"

PART V. EXTEND CIVIL STATUTE OF LIMITATIONS AND REQUIRE TRAINING
SECTION 5.1.  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 5.2.(a)  G.S. 1‑52 reads as rewritten:
"§ 1‑52.  Three years.
Within three years an action ‑
…
(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).
…
(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.
…
(19)	For assault, battery, or false imprisonment, except as provided by G.S. 1‑17(d).
…."
SECTION 5.2.(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 5.3.  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 5.4.(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 5.4.(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 5.4.(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 5.4.(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 5.4.(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 5.4.(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)	Definitions. – The following definitions shall apply in this section:
(1)	School personnel. – Teachers, instructional support personnel, principals, and assistant principals. This term may also include, in the discretion of the employing entity, other school employees who work directly with students in grades kindergarten through 12.
(b)	Each employing entity 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, best practices from the field of prevention, the grooming process of sexual predators, 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 in even‑numbered years beginning in 2020.
(c)	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 5.4.(g)  This section is effective when it becomes law. Each entity required by Section 5.4(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.

PART VI. SEVERABILITY CLAUSE/SAVINGS CLAUSE/EFFECTIVE date
SECTION 6.(a)  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 applications, and, to this end, the provisions of this act are severable.
SECTION 6.(b)  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.
SECTION 6.(c)  Parts I, II, III, and IV of this act become effective December 1, 2019, and apply to offenses committed on or after that date. Part V of this act is effective when it becomes law, and Section 5.2 applies to civil actions commenced on or after that date. The remainder of this act is effective when it becomes law.