North Carolina 2025-2026 Regular Session

North Carolina House Bill H985 Latest Draft

Bill / Amended Version Filed 04/14/2025

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 985 
 
 
Short Title: Increase Punishment for Assaulting Teachers. 	(Public) 
Sponsors: Representatives Cotham, Biggs, and Bell (Primary Sponsors). 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: Education - K-12, if favorable, Judiciary 3, if favorable, Rules, Calendar, and 
Operations of the House 
April 14, 2025 
*H985 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO INCREASE THE PUNISHMENT FOR ASSAULTING A SCHOOL EMPLOYEE 2 
OR SCHOOL VOLUNTEER. 3 
The General Assembly of North Carolina enacts: 4 
SECTION 1. G.S. 14-33 reads as rewritten: 5 
"§ 14-33.  Misdemeanor assaults,Assaults, batteries, and affrays, simple and aggravated; 6 
punishments. 7 
… 8 
(c) Unless the conduct is covered under some other provision of law providing greater 9 
punishment, any person who commits any assault, assault and battery, or affray is guilty of a 10 
Class A1 misdemeanor if, in the course of the assault, assault and battery, or affray, he or she: 11 
… 12 
(6) Assaults a school employee or school volunteer when the employee or 13 
volunteer is discharging or attempting to discharge his or her duties as an 14 
employee or volunteer, or assaults a school employee or school volunteer as a 15 
result of the discharge or attempt to discharge that individual's duties as a 16 
school employee or school volunteer. For purposes of this subdivision, the 17 
following definitions shall apply: 18 
a. "Duties" means: 19 
1. All activities on school property; 20 
2. All activities, wherever occurring, during a school authorized 21 
event or the accompanying of students to or from that event; 22 
and 23 
3. All activities relating to the operation of school transportation. 24 
b. "Employee" or "volunteer" means: 25 
1. An employee of a local board of education; or a charter school 26 
authorized under G.S. 115C-218.5, or a nonpublic school 27 
which has filed intent to operate under Part 1 or Part 2 of 28 
Article 39 of Chapter 115C of the General Statutes; 29 
2. An independent contractor or an employee of an independent 30 
contractor of a local board of education, charter school 31 
authorized under G.S. 115C-218.5, or a nonpublic school 32 
which has filed intent to operate under Part 1 or Part 2 of 33 
Article 39 of Chapter 115C of the General Statutes, if the 34  General Assembly Of North Carolina 	Session 2025 
Page 2  House Bill 985-First Edition 
independent contractor carries out duties customarily 1 
performed by employees of the school; and 2 
3. An adult who volunteers his or her services or presence at any 3 
school activity and is under the supervision of an individual 4 
listed in sub-sub-subdivision 1. or 2. of this sub-subdivision. 5 
… 6 
(c1) No school personnel as defined in G.S. 14-33(c)(6) who takes reasonable actions in 7 
good faith to end a fight or altercation between students shall incur any civil or criminal liability 8 
as the result of those actions. 9 
(c2) Unless the conduct is covered under some other provision of law providing greater 10 
punishment, any person who commits any assault, assault and battery, or affray is guilty of a 11 
Class I felony if, in the course of the assault, assault and battery, or affray, he or she assaults a 12 
school employee or school volunteer when the employee or volunteer is discharging or 13 
attempting to discharge his or her duties as an employee or volunteer, or assaults a school 14 
employee or school volunteer as a result of the discharge or attempt to discharge that individual's 15 
duties as a school employee or school volunteer. No school personnel who takes reasonable 16 
actions in good faith to end a fight or altercation between students shall incur any civil or criminal 17 
liability as the result of those actions. For purposes of this subsection, the following definitions 18 
apply: 19 
(1) Duties. – Means any of the following: 20 
a. All activities on school property. 21 
b. All activities, wherever occurring, during a school authorized event or 22 
the accompanying of students to or from that event. 23 
c. All activities relating to the operation of school transportation. 24 
(2) Employee or Volunteer. – Means any of the following: 25 
a. An employee of a local board of education; or a charter school 26 
authorized under G.S. 115C-218.5, or a nonpublic school which has 27 
filed intent to operate under Part 1 or Part 2 of Article 39 of Chapter 28 
115C of the General Statutes. 29 
b. An independent contractor or an employee of an independent 30 
contractor of a local board of education, charter school authorized 31 
under G.S. 115C-218.5, or a nonpublic school which has filed intent 32 
to operate under Part 1 or Part 2 of Article 39 of Chapter 115C of the 33 
General Statutes, if the independent contractor carries out duties 34 
customarily performed by employees of the school. 35 
c. An adult who volunteers his or her services or presence at any school 36 
activity and is under the supervision of an individual listed in 37 
sub-subdivision a. or b. of this subdivision. 38 
…." 39 
SECTION 2. G.S. 115C-289.1 reads as rewritten: 40 
"§ 115C-289.1.  Supervisor duty to report; intimidation of school employee. 41 
(a) When a supervisor of a school employee has actual notice that the school employee 42 
has been the victim of an assault by a student in violation of G.S. 14-33(c)(6)14-33(c2) resulting 43 
in physical injury, as that term is defined in G.S. 14-34.7, the supervisor shall immediately report 44 
to the principal the assault against the school employee. For the purpose of this subsection, the 45 
term "supervisor of a school employee" does not include the principal or superintendent. 46 
(b) A principal, superintendent, or supervisor of a school employee shall not, by threats 47 
or in any other manner, intimidate or attempt to intimidate that school employee from reporting 48 
to law enforcement an assault by a student under G.S. 14-33(c)(6).14-33(c2). 49 
…." 50  General Assembly Of North Carolina 	Session 2025 
House Bill 985-First Edition  	Page 3 
SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 1 
committed on or after that date. 2