GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999

HOUSE BILL 517
RATIFIED BILL

AN ACT INCREASING THE CRIMINAL PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE OF MAKING A BOMB THREAT OR PERPETRATING A HOAX BY PLACING A FALSE BOMB AT A PUBLIC BUILDING, PROVIDING FOR RESTITUTION OF CONSEQUENTIAL DAMAGES RESULTING FROM BOMB THREATS OR HOAXES, INCREASING THE PENALTY FOR BRINGING CERTAIN WEAPONS ON SCHOOL PROPERTY, INCREASING THE PENALTY FOR BOMB THREATS OR HOAXES, BRINGING A BOMB ON SCHOOL PROPERTY, OR ACTUAL DETONATION OF A BOMB BY REQUIRING THE DIVISION OF MOTOR VEHICLES TO REVOKE FOR ONE YEAR THE DRIVERS LICENSE OF ANY PERSON CONVICTED OF SUCH AN OFFENSE, MAKING PARENTS CIVILLY LIABLE FOR CHILDREN WHO MAKE BOMB THREATS OR PERPETRATE BOMB HOAXES ON SCHOOLS, OR BRING CERTAIN WEAPONS ONTO SCHOOL PROPERTY, REQUIRING SCHOOLS TO SUSPEND FOR THREE HUNDRED SIXTY-FIVE DAYS STUDENTS WHO MAKE BOMB THREATS OR PERPETRATE BOMB HOAXES ON SCHOOLS, DIRECTING THE JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO STUDY THE ISSUE OF STUDENTS WHO MAKE OR CARRY OUT THREATS OF VIOLENCE DIRECTED AT SCHOOLS OR THE PERSONS IN THE SCHOOLS, AND DIRECTING THE STATE BOARD OF EDUCATION TO STUDY THE COMPUTATION OF DROPOUT RATES FOR THE ABCs PROGRAM.

The General Assembly of North Carolina enacts:

Section 1. G.S. 14-69.1 reads as rewritten:
"§ 14-69.1.  Making a false report concerning destructive device.
(a)	Except as provided in subsection (c) of this section, any person who, by any means of communication to any person or group of persons, makes a report, knowing or having reason to know the report is false, that there is located in any building, house or other structure whatsoever or any vehicle, aircraft, vessel or boat any device designed to destroy or damage the building, house or structure or vehicle, aircraft, vessel or boat by explosion, blasting or burning, is guilty of a Class H felony.
(b)	Repealed by S.L. 1997-443, s. 19.25(cc).
(c)	Any person who, by any means of communication to any person or groups of persons, makes a report, knowing or having reason to know the report is false, that there is located in any public building any device designed to destroy or damage the public building by explosion, blasting, or burning, is guilty of a Class H felony.  Any person who receives a second conviction for a violation of this subsection within five years of the first conviction for violation of this subsection is guilty of a Class G felony.  For purposes of this subsection, 'public building' means educational property as defined in G.S. 14-269.2(a)(1), a hospital as defined in G.S. 131E-76(3), a building housing only State, federal, or local government offices, or the offices of State, federal, or local government located in a building that is not exclusively occupied by the State, federal, or local government.
(d)	The court may order a person convicted under this section to pay restitution, including costs and consequential damages resulting from the disruption of the normal activity that would have otherwise occurred on the premises but for the false report, pursuant to Article 81C of Chapter 15A of the General Statutes.
(e)	For purposes of this section, the term 'report' shall include making accessible to another person by computer."
Section 2. G.S. 14-69.2 reads as rewritten:
"§ 14-69.2.  Perpetrating hoax by use of false bomb or other device.
(a)	Except as provided in subsection (c) of this section, any person who, with intent to perpetrate a hoax, conceals, places, or displays any device, machine, instrument or artifact, so as to cause any person reasonably to believe the same to be a bomb or other device capable of causing injury to persons or property is guilty of a Class H felony.
(b)	Repealed by S.L. 1997-443, s. 19.25(dd).
(c)	Any person who, with intent to perpetrate a hoax, conceals, places, or displays in or at a public building any device, machine, instrument, or artifact, so as to cause any person reasonably to believe the same to be a bomb or other device capable of causing injury to persons or property is guilty of a Class H felony.  Any person who receives a second conviction for a violation of this subsection within five years of the first conviction for violation of this subsection is guilty of a Class G felony.  For purposes of this subsection 'public building' means educational property as defined in G.S. 14-269.2(a)(1), a hospital as defined in G.S. 131E-76(3), a building housing only State, federal, or local government offices, or the offices of State, federal, or local government located in a building that is not exclusively occupied by the State, federal, or local government.
(d)	The court may order a person convicted under this section to pay restitution, including costs and consequential damages resulting from the disruption of the normal activity that would have otherwise occurred on the premises but for the hoax, pursuant to Article 81C of Chapter 15A of the General Statutes."
Section 3. G.S. 14-269.2 reads as rewritten:
"§ 14-269.2.  Weapons on campus or other educational property.
(a)	The following definitions apply to this section:
(1)	Educational property. – Any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education, school, college, or university board of trustees, or directors for the administration of any public or private educational institution.
(2)	Student. – A person enrolled in a public or private school, college or university, or a person who has been suspended or expelled within the last five years from a public or private school, college or university, whether the person is an adult or a minor.
(3)	Switchblade knife. – A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.
(4)	Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.
(b)	It shall be a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property.  However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(b1)	It shall be a Class G felony for any person to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1, on educational property.  This subsection shall not apply to fireworks.
(c)	It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property.  However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(c1)	It shall be a Class G felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1 on educational property.  This subsection shall not apply to fireworks.
(d)	It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e)	It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(f)	Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property if:
(1)	The person is not a student attending school on the educational property;
(2)	The firearm is not concealed within the meaning of G.S. 14-269;
(3)	The firearm is not loaded and is in a locked container, a locked vehicle, or a locked firearm rack which is on a motor vehicle; and
(4)	The person does not brandish, exhibit, or display the firearm in any careless, angry, or threatening manner.
(g)	This section shall not apply to:
(1)	A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority;
(1a)	A person exempted by the provisions of G.S. 14-269(b);
(2)	Firefighters, emergency service personnel, North Carolina Forest Service personnel, and any private police employed by an educational institution, when acting in the discharge of their official duties; or
(3)	Home schools as defined in G.S. 115C-563(a)."
Section 3.1.  If Senate Bill 1096, 1999 Regular Session, becomes law, then  G.S. 14-269.2(b1), as enacted by Section 3 of this act, reads as rewritten:
"(b1)	It shall be a Class G felony for any person to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1, on educational property or to a curricular or extracurricular activity sponsored by a school.  This subsection shall not apply to fireworks."
Section 4.  G.S. 20-13.2 is amended by adding a new subsection to read:
"( c2)	The Division must revoke the permit or license of a person under the age of 18 upon receiving a record of the person's conviction for malicious use of an explosive or incendiary device to damage property (G.S. 14-49(b) and (b1)); conspiracy to injure or damage by use of an explosive or incendiary device (G.S. 14-50); making a false report concerning a destructive device in a public building (G.S. 14-69.1(c)); perpetrating a hoax concerning a destructive device in a public building (G.S. 14-69.2(c)); possessing or carrying a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(b1)); or causing, encouraging, or aiding a minor to possess or carry a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(c1))."
Section 4.1.  G.S. 20-17(a) is amended by adding a new subdivision to read: 
"§ 20-17. Mandatory revocation of license by Division.
(a)	The Division shall forthwith revoke the license of any driver upon receiving a record of the driver's conviction for any of the following offenses:
(1)	Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle.
(2)	Either of the following impaired driving offenses:
a.	Impaired driving under G.S. 20-138.1.
b.	Impaired driving under G.S. 20-138.2.
(3)	Any felony in the commission of which a motor vehicle is used.
(4)	Failure to stop and render aid in violation of G.S. 20-166(a) or (b).
(5)	Perjury or the making of a false affidavit or statement under oath to the Division under this Article or under any other law relating to the ownership of motor vehicles.
(6)	Conviction upon two charges of reckless driving committed within a period of 12 months.
(7)	Conviction upon one charge of reckless driving while engaged in the illegal transportation of intoxicants for the purpose of sale.
(8)	Conviction of using a false or fictitious name or giving a false or fictitious address in any application for a drivers license, or learner's permit, or any renewal or duplicate thereof, or knowingly making a false statement or knowingly concealing a material fact or otherwise committing a fraud in any such application or procuring or knowingly permitting or allowing another to commit any of the foregoing acts.
(9)	Death by vehicle as defined in G.S. 20-141.4.
(10)	Repealed by Session Laws 1997-443, s. 19.26(b).
(11)	Conviction of assault with a motor vehicle.
(12)	A second or subsequent conviction of transporting an open container of alcoholic beverage under G.S. 20-138.7.
(13)	A second or subsequent conviction, as defined in G.S. 20-138.2A(d), of driving a commercial motor vehicle after consuming alcohol under G.S. 20-138.2A.
(14)	A conviction of driving a school bus, school activity bus, or child care vehicle after consuming alcohol under G.S. 20-138.2B.
(15)	A conviction of malicious use of an explosive or incendiary device to damage property (G.S. 14-49(b) and (b1)); conspiracy to injure or damage by use of an explosive or incendiary device (G.S. 14-50); making a false report concerning a destructive device in a public building (G.S. 14-69.1(c)); perpetrating a hoax concerning a destructive device in a public building (G.S. 14-69.2(c)); possessing or carrying a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(b1)); or causing, encouraging, or aiding a minor to possess or carry a dynamite cartridge, bomb, grenade, mine, or powerful explosive on educational property (G.S. 14-269.2(c1))."
Section 5.  Article 43 of Chapter 1 of the General Statutes is amended by adding the following new section to read:
"§ 1-538.3.  Negligent supervision of minor.
(a)	The parent or individual legal guardian who has the care, custody, and control of an unemancipated minor may be held civilly liable to an educational entity for the negligent supervision of that minor if the educational entity proves by clear, cogent, and convincing evidence that:
(1)	The minor:
a.	Violated the provisions of G.S. 14-49, 14-49.1, 14-50, 14-69.1(c), 14-69.2(c), 14-269.2(b1), 14-269.2(c1), or committed a felony offense involving injury to persons or property through use of a gun, rifle, pistol, or other firearm of any kind as defined in G.S. 14-269.2(b); and
b.	The offense occurred on educational property; and
(2)	The parent or individual legal guardian who has the care, custody, and control of the minor:
a.	Knew or reasonably should have known of the minor's likelihood to commit such an act;
b.	Had the opportunity and ability to control the minor; and
c.	Made no reasonable effort to correct, restrain, or properly supervise the minor.
(b)	In an action brought against the parent or legal guardian under this section for a false report, hoax, or possession of a bomb or other explosive device on educational property, the educational entity is entitled to recover the actual compensatory and consequential damages resulting from the disruption or dismissal of school or the school-sponsored activity arising from the false report, the hoax, the bringing or possession of a bomb or other explosive device onto educational property or to a school-sponsored activity. The total amount of compensatory and consequential damages awarded to a plaintiff against the parent or legal guardian pursuant to this subsection shall not exceed twenty-five thousand dollars ($25,000).
(c)	In an action brought against the parent or legal guardian under this section, the educational entity is entitled to recover the actual compensatory and consequential damages to educational property that is the result of the discharge of the firearm or the detonation or explosion of the bomb or other explosive device.  The total amount of compensatory and consequential damages awarded to a plaintiff against the parent or legal guardian pursuant to this subsection shall not exceed fifty thousand dollars ($50,000).
(d)	For purposes of this section, the term 'educational property' has the same definition as in G.S. 14-269.2(a)(1), and the term 'educational entity' means the board of education or other entity that administers and controls the educational property or the school-sponsored activity.
(e)	Nothing contained in this section shall prohibit recovery upon any other theory in the law."
Section 6. G.S. 115C-391(d1) reads as rewritten:
"(d1)	A local board of education or superintendent shall suspend for 365 calendar days any student who brings a weapon, as defined in G.S. 14-269.2(b), 14-269.2(b1), and 14-269.2(g), onto educational property. The local board of education upon recommendation by the superintendent may modify this suspension requirement on a case-by-case basis that includes, but is not limited to, the procedures established for the discipline of students with disabilities and may also provide, or contract for the provision of, educational services to any student suspended pursuant to this subsection in an alternative school setting or in another setting that provides educational and other services."
Section 7. G.S. 115C-391 is amended by adding the following new subsection to read:
"( d3)	A local board of education shall suspend for 365 calendar days any student who, by any means of communication to any person or group of persons, makes a report, knowing or having reason to know the report is false, that there is located on educational property or at a school-sponsored activity off educational property any device designed to destroy or damage property by explosion, blasting, or burning, or who, with intent to perpetrate a hoax, conceals, places, or displays any device, machine, instrument, or artifact on educational property or at a school-related activity on or off educational property, so as to cause any person reasonably to believe the same to be a bomb or other device capable of causing injury to persons or property.  The local board upon recommendation by the superintendent may modify either suspension requirement on a case-by-case basis that includes, but is not limited to, the procedures established for the discipline of students with disabilities and may also provide, or contract for the provision of, educational services to any student suspended under this subsection in an alternative school setting or in another setting that provides educational and other services.  For purposes of this subsection and subsection (d1) of this section, the term 'educational property' has the same definition as in G.S. 14-269.2(a)(1)."
Section 8.  G.S. 115C-391(e) reads as rewritten:
"(e)	A decision of a superintendent under subsection (c), (d1), (d2), or (d3) of this section may be appealed to the local board of education. A decision of the local board upon this appeal or of the local board under subsection (d) or (d1) of this section is final and, except as provided in this subsection, is subject to judicial review in accordance with Article 4 of Chapter 150B of the General Statutes. A person seeking judicial review shall file a petition in the superior court of the county where the local board made its decision."
Section 9.  The Joint Legislative Education Oversight Committee, in consultation with the State Board of Education, the Office of Juvenile Justice, the Center for the Prevention of School Violence, local boards of education, and the North Carolina Congress of Parents and Teachers, shall examine the issue of students who threaten to commit or who carry out acts of violence directed at schools and the persons who are present in the schools.  As part of this study, the Committee shall: (i) evaluate current laws governing the discipline, suspension, and expulsion of these students; (ii) assess the availability of psychological evaluations and counseling services for these students; (iii) evaluate current criminal and juvenile laws to make sure local authorities are authorized to take immediate action and to ensure the consequences for these acts and threats are taken seriously; (iv) review how other states are approaching this issue; (v) identify effective education practices to prevent these threats or acts of violence; (vi) examine the accessibility of guns and explosive devices to minors; and (vii) consider any other issue it considers appropriate.  The Committee may make recommendations, including necessary appropriations, to the 2000 Regular Session of the 1999 General Assembly.
Section 10.  The State Board of Education, in consultation with the Office of Juvenile Justice, the Department of Correction, and the Community Colleges System Office, shall study the method for computing dropout rates for the School-Based Management and Accountability Program (ABCs).  The State Board of Education shall recommend whether the computation used to set the  dropout rate for this purpose should include students who (i) transfer to a community college; (ii) are placed by the courts in a setting which provides educational opportunities; (iii) are expelled from school; (iv) do not return to school after a long-term suspension in accordance with a safe school plan; or (v) have been counted previously as dropouts.  As a part of this study, the State Board of Education shall report, from data for the 1998-99 school year, the number of students in each of these categories.  The State Board of Education shall examine whether it should continue to use other methods of computing the dropout rate for other purposes.
Section 11.  The State Board of Education shall report to the Joint Legislative Education Oversight Committee by December 15, 1999, regarding its recommendations as to the computation of the dropout rates for the ABCs accountability program.  This report shall include the number of dropouts for the 1998-99 school year based on categories (i) and (iii) through (v) in subsection (a) of this section.  The report also shall include the number of dropouts for the 1998-99 school year based on category (ii) in subsection (a) of this section if this information is available.
Section 12.  Sections 6, 7, 8, 9, 10, and 11 of this act are effective when this act becomes law, and Section 6 applies to offenses committed on or after that date.  Sections 1, 2, 3, and 5 of this act are effective on September 1, 1999, and apply to offenses committed on or after that date.  Sections 4 and 4.1 of this act are effective September 1, 1999, and apply to causes of action arising on or after that date.  Section 3.1 is effective December 1, 1999, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 7th day of July, 1999.

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	Dennis A. Wicker
	President of the Senate

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	James B. Black
	Speaker of the House of Representatives

	─────────────────── 
	James B. Hunt, Jr.
	Governor

Approved 	.m. this 	 day of 	, 19