A BILL TO BE ENTITLED
AN ACT to increase the punishment for a person who commits a second or subsequent offense of assaulting a school employee or school volunteer.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑33 reads as rewritten:
"§ 14‑33.  Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.
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(c)	Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she does any of the following:
(1)	Inflicts serious injury upon another person or uses a deadly weapon.
(2)	Assaults a female, he being a male person at least 18 years of age.
(3)	Assaults a child under the age of 12 years.
(4)	Assaults an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties.
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(6)	Assaults a school employee or school volunteer when the employee or volunteer is discharging or attempting to discharge his or her duties as an employee or volunteer, or assaults a school employee or school volunteer as a result of the discharge or attempt to discharge that individual's duties as a school employee or school volunteer. For purposes of this subdivision, the following definitions shall apply:
a.	"Duties" means:
1.	All activities on school property;
2.	All activities, wherever occurring, during a school authorized event or the accompanying of students to or from that event; and
3.	All activities relating to the operation of school transportation.
b.	"Employee" or "volunteer" means:
1.	An employee of a local board of education; or a charter school authorized under G.S. 115C‑218.5, 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;
2.	An independent contractor or an employee of an independent contractor of a local board of education, charter school authorized under G.S. 115C‑218.5, 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 carries out duties customarily performed by employees of the school; and
3.	An adult who volunteers his or her services or presence at any school activity and is under the supervision of an individual listed in sub‑sub‑subdivision 1. or 2. of this sub‑subdivision.
(7)	Assaults a public transit operator, including a public employee or a private contractor employed as a public transit operator, when the operator is discharging or attempting to discharge his or her duties.
(8)	Assaults a company police officer certified pursuant to the provisions of Chapter 74E of the General Statutes or a campus police officer certified pursuant to the provisions of Chapter 74G, Article 1 of Chapter 17C, or Chapter 116 of the General Statutes in the performance of that person's duties.
(9)	Assaults a transportation network company (TNC) driver providing a transportation network company (TNC) service. For the purposes of this subdivision, the definitions for "TNC driver" and "TNC service" as defined in G.S. 20‑280.1 shall apply.
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(e)	Unless the conduct is covered under some other provision of law providing greater punishment, a person who commits a second or subsequent violation of subdivision (6) of subsection (c) of this section is guilty of a Class G felony."
SECTION 2.  This act becomes effective December 1, 2023, and applies to offenses committed on or after that date.