Increase Punishment for Assaulting Teachers.

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 Ch apter 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 11 5C 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 l isted 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 sch ool 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 sc hool 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