GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                                    D

SENATE DRS55003-LH-27  (12/12)

 

 

 

 

 

 

Short Title:     Expand Safe Zones/Schools, Parks, Child Ctrs.

(Public)

Sponsors:

Senator Boseman.

Referred to:

 

 

 

A BILL TO BE ENTITLED

AN ACT to increase the "safe zones" near child care centers and school grounds regarding illegal drug sales from three hundred feet to one thousand feet, to expand the "safe zone" for public parks to include all public parks, not just those with playgrounds and to increase the distance of those safe zones to one thousand feet, to increase the penalties for carrying a deadly weapon on educational property, and to make it a criminal offense to possess or carry a gun, rifle, or pistol in a public park, in any child care center, or on any playground.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90-95(e) reads as rewritten:

"(e)      The prescribed punishment and degree of any offense under this Article shall be subject to the following conditions, but the punishment for an offense may be increased only by the maximum authorized under any one of the applicable conditions:

(1),      (2) Repealed by Session Laws 1979, c. 760, s. 5.

(3)       If any person commits a Class 1 misdemeanor under this Article and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be punished as a Class I felon. The prior conviction used to raise the current offense to a Class I felony shall not be used to calculate the prior record level.

(4)       If any person commits a Class 2 misdemeanor, and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be guilty of a Class 1 misdemeanor. The prior conviction used to raise the current offense to a Class 1 misdemeanor shall not be used to calculate the prior conviction level.

(5)       Any person 18 years of age or over who violates G.S. 90-95(a)(1) by selling or delivering a controlled substance to a person under 16 years of age but more than 13 years of age or a pregnant female shall be punished as a Class D felon. Any person 18 years of age or over who violates G.S. 90-95(a)(1) by selling or delivering a controlled substance to a person who is 13 years of age or younger shall be punished as a Class C felon. Mistake of age is not a defense to a prosecution under this section. It shall not be a defense that the defendant did not know that the recipient was pregnant.

(6)       For the purpose of increasing punishment under G.S. 90-95(e)(3) and (e)(4), previous convictions for offenses shall be counted by the number of separate trials at which final convictions were obtained and not by the number of charges at a single trial.

(7)       If any person commits an offense under this Article for which the prescribed punishment requires that any sentence of imprisonment be suspended, and if he has previously been convicted for one or more offenses under any law of North Carolina or any law of the United States or any other state, which offenses are punishable under any provision of this Article, he shall be guilty of a Class 2 misdemeanor.

(8)       Any person 21 years of age or older who commits an offense under G.S. 90-95(a)(1) on property used for a child care center, or for an elementary or secondary school or within 3001,000 feet of the boundary of real property used for a child care center, or for an elementary or secondary school shall be punished as a Class E felon. For purposes of this subdivision, the transfer of less than five grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1). For purposes of this subdivision, a child care center is as defined in G.S. 110-86(3)a., and that is licensed by the Secretary of the Department of Health and Human Services.

(9)       Any person who violates G.S. 90-95(a)(3) on the premises of a penal institution or local confinement facility shall be guilty of a Class H felony.

(10)     Any person 21 years of age or older who commits an offense under G.S. 90-95(a)(1) on property that is a playground in a public park or within 3001,000 feet of the boundary of real property that is a playground in a public park shall be punished as a Class E felon. For purposes of this subdivision, the transfer of less than five grams of marijuana for no remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1). For purposes of this subdivision the term "playground" means any outdoor facility (including any parking lot appurtenant thereto) intended for recreation open to the public, and with any portion thereof containing three or more separate apparatuses intended for the recreation of children including, but not limited to, sliding boards, swingsets, and teeterboards."

SECTION 2.  G.S. 14-269.2 reads as rewritten:

" 14-269.2.  Weapons on campus or other educational property.

(a)       The following definitions apply to this section:

(1)       Educational property. - Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.

(1a)     Employee. - A person employed by a local board of education or school whether the person is an adult or a minor.

(1b)     School. - A public or private school, community college, college, or university.

(2)       Student. - A person enrolled in a school or a person who has been suspended or expelled within the last five years from a school, whether the person is an adult or a minor.

(3)       Switchblade knife. - A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.

(4)       Weapon. - Any device enumerated in subsection (b), (b1), or (d) of this section.

(b)       It shall be a Class I Class H felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school. Unless the conduct is covered under some other provision of law providing greater punishment, any person who willfully discharges a firearm of any kind on educational property is guilty of a Class F felony. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.

(b1)     It shall be a Class GClass F felony for any person to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1, on educational property or to a curricular or extracurricular activity sponsored by a school. This subsection shall not apply to fireworks.

(c)       It shall be a Class IClass H felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.

(c1)     It shall be a Class G Class F felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1 on educational property. This subsection shall not apply to fireworks.

(d)       It shall be a Class 1 Class A1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.

(e)       It shall be a Class 1Class A1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.

(f)        Notwithstanding subsection (b) of this section it shall be a Class 1Class A1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extracurricular activity sponsored by a school if:

(1)       The person is not a student attending school on the educational property or an employee employed by the school working on the educational property; and

(1a)     The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; and

(2)       Repealed by Session Laws 1999-211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

(3)       The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.

(4)       Repealed by Session Laws 1999-211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

(g)       This section shall not apply to:

(1)       A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority;

(1a)     A person exempted by the provisions of G.S. 14-269(b);

(2)       Firefighters, emergency service personnel, North Carolina Forest Service personnel, and any private police employed by an educational institution, when acting in the discharge of their official duties;

(3)       Home schools as defined in G.S. 115C-563(a); or

(4)       Weapons used for hunting purposes on the Howell Woods Nature Center property in Johnston County owned by Johnston Community College when used with the written permission of Johnston Community College or for hunting purposes on other educational property when used with the written permission of the governing body of the school that controls the educational property.

(h)       No person shall be guilty of a criminal violation of this section with regard to the possession or carrying of a weapon so long as both of the following apply:

(1)       The person comes into possession of a weapon by taking or receiving the weapon from another person or by finding the weapon.

(2)       The person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities."

SECTION 3.  Article 35 of Chapter 14 of the General Statutes is amended by adding a new section to read:

" 14-269.5.  Possessing or carrying firearms in public parks, in child care centers, or on playgrounds.

(a)       Definitions. -  The following definitions apply in this section:

(1)       Child care center. - A child care center as defined in G.S. 110-86(3)a., and that is licensed by the Secretary of the Department of Health and Human Services.

(2)       Playground. -  Any outdoor facility (including any parking lot appurtenant thereto) intended for recreation open to the public, and with any portion thereof containing three or more separate apparatuses intended for the recreation of children including, but not limited to, sliding boards, swing sets, and teeterboards.

(b)       Offense. -  It is unlawful for any person to possess or carry, whether openly or concealed, any gun, rifle, or pistol in any public park, in any child care center, or on any playground.

(c)       Exemptions. - This section shall not apply to the following:

(1)       A person exempted by the provisions of G.S. 14-269(b).

(2)       Firefighters, emergency service personnel, North Carolina Forest Service personnel, and any private police or security guard employed by the owner, lessee, or manager of the playground or child care facility, when acting in the discharge of their official duties.

(d)       Penalty. - Any person violating this section is guilty of a Class 1 misdemeanor."

SECTION 4.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.