Child Care Licensing Penalty Reform.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1053

Short Title: Child Care Licensing Penalty Reform. (Public)
Sponsors: Senators Chaudhuri and Burgin (Primary Sponsors).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1053-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REDUCE THE SEVERITY OF THE FEL ONY LEVEL AND GRANT 2
PROSECUTORIAL DISCRETION IN CHILD CARE LICENSING VIOLATIONS. 3
Whereas, the current Class I felony classification under G.S. 110-103(b) for child care 4
facility licensing violations may create disproportionate consequences relative to the underlying 5
conduct when no injury to children has occurred; and 6
Whereas, providing prosecutors and courts with discretion to impose penalties 7
proportionate to the nature and severity of a violation will ensure more just and flexible 8
enforcement while preserving deterrence; and 9
Whereas, reducing the felony grade to a Class A1 misdemeanor for base violations, 10
while retaining felony exposure for willful and repeated violations involving multip le children, 11
strikes an appropriate balance between public safety and proportionate punishment; Now, 12
therefore, 13
The General Assembly of North Carolina enacts: 14
SECTION 1. G.S. 110-103 reads as rewritten: 15
"§ 110-103. Criminal penalty. 16
… 17
(b) It shall be a Class I felony for anyAny person who operates a child care facility to: 18
(1) Willfully violateand (i) willfully violates the provisions of G.S. 110-99(a), or 19
(2) Willfully violate (ii) willfully violates the provisions of this Article while 20
providing child care for three or more children, for more than four hours per 21
day on two consecutive days.days, shall be subject to the following criminal 22
penalties: 23
(1) For a first offense under this subsection, the p erson shall be guilty of a Class 24
A1 misdemeanor. 25
(2) For a second or subsequent offense under this subsection, or where the 26
violation poses a substantial risk of harm to a child, the district attorney, in the 27
exercise of prosecutorial discretion, may charg e the violation as a Class I 28
felony. In exercising this discretion, the district attorney shall consider the 29
nature and circumstances of the violation, the number of children placed at 30
risk, the history of prior violations, and whether the operator took pr ompt 31
corrective action. 32
(b1) Nothing in subsection (b) of this section limits the authority of the Department to 33
pursue civil or administrative remedies concurrently with or in lieu of criminal prosecution. 34
…." 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1053-First Edition
SECTION 2.(a) There is appropriated from the General Fund to the Department of 1
Health and Human Services, Division of Child Development and Early Education, the sum of 2
fifty thousand dollars ($50,000) in nonrecurring funds for the 2025-2026 fiscal year to implement 3
the following: 4
(1) Update enforcem ent protocols, internal policy guidance, and staff training 5
materials to reflect the revised criminal penalty structure under 6
G.S. 110-103(b), as enacted by this act, including the reclassification of first 7
offenses as Class A1 misdemeanors and the criteri a applicable to Class I 8
felony charging decisions for second or subsequent offenses. 9
(2) Develop and disseminate guidance to child care facility operators and the 10
public regarding the revised penalty structure, including the factors a district 11
attorney may consider in exercising prosecutorial discretion under 12
G.S. 110-103(b)(2), as enacted by Section 1 of this act. 13
(3) Coordinate with the Department of Justice and the Administrative Office of 14
the Courts to ensure consistent implementation of the revised pen alty 15
structure. 16
SECTION 2.(b) There is appropriated from the General Fund to the Administrative 17
Office of the Courts the sum of twenty-five thousand dollars ($25,000) in nonrecurring funds for 18
the 2025-2026 fiscal year to implement the following: 19
(1) Update charging instruments, case management systems, and related forms to 20
reflect the revised classification of offenses under G.S. 110-103(b), as enacted 21
by Section 1 of this act. 22
(2) Provide notice and guidance to district attorneys, clerks of superior court, and 23
other relevant court personnel regarding the revised penalty structure, the 24
discretionary felony charging criteria, and the effective date of this act. 25
SECTION 3. This act is effective when it becomes law and applies to violations 26
occurring on or after that date. This act does not affect the prosecution or punishment of a person 27
for an offense committed before the effective date of this act. 28