A BILL TO BE ENTITLED
AN ACT to clarify that for purposes of the crimes of "taking indecent liberties with a student" and "intercourse and sexual offenses with a student," the definition of "school personnel" includes employees of charter schools and nonpublic schools.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑202.4(d) reads as rewritten:
"(d)	For purposes of this section, the following definitions apply:
(1)	"Indecent liberties" means:
a.	Willfully taking or attempting to take any immoral, improper, or indecent liberties with a student for the purpose of arousing or gratifying sexual desire; or
b.	Willfully committing or attempting to commit any lewd or lascivious act upon or with the body or any part or member of the body of a student.
For purposes of this section, the term indecent liberties does not include vaginal intercourse or a sexual act as defined by G.S. 14‑27.1.
(1a)	"Same school" means a school at which (i) the student is enrolled or is present for a school‑sponsored or school‑related activity and (ii) the school personnel is employed, volunteers, or is present for a school‑sponsored or school‑related activity.
(2)	"School" means any public school, charter school, or nonpublic school under Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes.
(3)	"School personnel" means any of the following:
a.	Any person included in the definition contained in G.S. 115C‑332(a)(2).
b.	Any person employed by a charter school or any independent contractor or employee of an independent contractor of a charter school, if the independent contractor carries out duties customarily performed by school personnel, who has significant access to students. "School personnel" as described by this sub‑subdivision also includes substitute teachers, driver training teachers, bus drivers, clerical staff, and custodians.
c.	Any person employed by a nonpublic school under Parts 1 and 2 of Article 39 of Chapter 115C of the General Statutes or any independent contractor or employee of an independent contractor of a nonpublic school, if the independent contractor carries out duties customarily performed by school personnel, who has significant access to students. "School personnel" as described by this sub‑subdivision also includes substitute teachers, driver training teachers, bus drivers, clerical staff, and custodians.
d.	Any person who volunteers at a school or a school sponsored activity.
(3a)	"School safety officer" means any other person who is regularly present in a school for the purpose of promoting and maintaining safe and orderly schools and includes a school resource officer.
(4)	"Student" means a person enrolled in kindergarten, or in grade one through grade 12 in any school."
SECTION 2.  This act becomes effective December 1, 2015, and applies to offenses committed on or after that date.