North Carolina HB 985: Increase Punishment for Assaulting Teachers.

Bill Text

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 i