GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

SESSION LAW 2016-102

HOUSE BILL 1021

AN ACT TO amend the law regarding sex offenders on certain premises to address the ruling in doe v. cooper.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑208.18 reads as rewritten:

"§ 14‑208.18.  Sex offender unlawfully on premises.

(a)        It shall be unlawful for any person required to register under this Article, if the offense requiring registration is described in subsection (c) of this section, to knowingly be at any of the following locations:

(1)        On the premises of any place intended primarily for the use, care, or supervision of minors, including, but not limited to, schools, children's museums, child care centers, nurseries, and playgrounds.

(2)        Within 300 feet of any location intended primarily for the use, care, or supervision of minors when the place is located on premises that are not intended primarily for the use, care, or supervision of minors, including, but not limited to, places described in subdivision (1) of this subsection that are located in malls, shopping centers, or other property open to the general public.

(3)        At any place where minors gather for regularly scheduled educational, recreational, or social programs.frequently congregate, including, but not limited to, libraries, arcades, amusement parks, recreation parks, and swimming pools, when minors are present.

(4) On the State Fairgrounds during the period of time each year that the State Fair is conducted, on the Western North Carolina Agricultural Center grounds during the period of time each year that the North Carolina Mountain State Fair is conducted, and on any other fairgrounds during the period of time that an agricultural fair is being conducted.

(b)        Notwithstanding any provision of this section, a person subject to subsection (a) of this section who is the parent or guardian of a minor may take the minor to any location that can provide emergency medical care treatment if the minor is in need of emergency medical care.

(c)        Subsection The subdivisions of subsection (a) of this section is are applicable only to persons required to register under this Article who have committed any of the following offenses:as follows:

(1)        Subdivisions (1), (3), and (4) of subsection (a) of this section apply to persons required to register under this Article who have committed any of the following offenses:

a.         Any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State, is substantially similar to an offense in Article 7B of this Chapter.

(2)b.     Any offense where the victim of the offense was under the age of 16 18 years at the time of the offense.

(2) Subdivision (2) of subsection (a) of this section applies to persons required to register under this Article if either of the following applies:

a. The person has committed any offense in Article 7B of this Chapter or any federal offense or offense committed in another state, which if committed in this State is substantially similar to an offense in Article 7B of this Chapter, and a finding has been made in any criminal or civil proceeding that the person presents, or may present, a danger to minors under the age of 18.

b. The person has committed any offense where the victim of the offense was under the age of 18 years at the time of the offense.

(d)       A person subject to subsection (a) of this section who is a parent or guardian of a student enrolled in a school may be present on school property if all of the following conditions are met:

(1)        The parent or guardian is on school property for the purpose for one of the following:

a.         To attend a conference at the school with school personnel to discuss the academic or social progress of the parents' or guardians' child; or

b.         The presence of the parent or guardian has been requested by the principal or his or her designee for any other reason relating to the welfare or transportation of the child.

(2)        The parent or guardian complies with all of the following:

a.         Notice: The parent or guardian shall notify the principal of the school of the parents' or guardians' registration under this Article and of his or her presence at the school unless the parent or guardian has permission to be present from the superintendent or the local board of education, or the principal has granted ongoing permission for regular visits of a routine nature. If permission is granted by the superintendent or the local board of education, the superintendent or chairman of the local board of education shall inform the principal of the school where the parents' or guardians' will be present. Notification includes the nature of the parents' or guardians' visit and the hours when the parent or guardian will be present at the school. The parent or guardian is responsible for notifying the principal's office upon arrival and upon departure. Any permission granted under this sub‑subdivision shall be in writing.

b.         Supervision: At all times that a parent or guardian is on school property, the parent or guardian shall remain under the direct supervision of school personnel. A parent or guardian shall not be on school property even if the parent or guardian has ongoing permission for regular visits of a routine nature if no school personnel are reasonably available to supervise the parent or guardian on that occasion.

(e)        A person subject to subsection (a) of this section who is eligible to vote may be present at a location described in subsection (a) used as a voting place as defined by G.S. 163‑165 only for the purposes of voting and shall not be outside the voting enclosure other than for the purpose of entering and exiting the voting place. If the voting place is a school, then the person subject to subsection (a) shall notify the principal of the school that he or she is registered under this Article.

(f)        A person subject to subsection (a) of this section who is eligible under G.S. 115C‑378 to attend public school may be present on school property if permitted by the local board of education pursuant to G.S. 115C‑390.11(a)(2).

(g)        A juvenile subject to subsection (a) of this section may be present at a location described in that subsection if the juvenile is at the location to receive medical treatment or mental health services and remains under the direct supervision of an employee of the treating institution at all times.

(g1)      Notwithstanding any provision of this section, a person subject to subsection (a) of this section who is required to wear an electronic monitoring device shall wear an electronic monitoring device that provides exclusion zones around the premises of all elementary and secondary schools in North Carolina.

(h)        A violation of this section is a Class H felony."

SECTION 2.  The changes made in Section 1 of this act are effective unless either or both of the decisions of the United States District Court for the Middle District of North Carolina ruling G.S. 14‑208.18(a)(2) and G.S. 14‑408.18(a)(3) unconstitutional, as they existed prior to the enactment of this act, are stayed or overturned by a higher court on appeal, in which case the appropriate portion of the prior version of the statute to which the decision pertained is again effective as follows:

(1)        If the ruling enjoining enforcement of G.S. 14‑208.18(a)(2) is stayed or overturned, the changes made to subsection (c) of G.S. 14‑208.18 by Section 1 of this act shall be repealed.

(2)        If the ruling enjoining enforcement of G.S. 14‑208.18(a)(3) is stayed or overturned, the changes made to subdivision (3) of subsection (a) of G.S. 14‑208.18 by Section 1 of this act shall be repealed.

SECTION 3.  This act becomes effective September 1, 2016, and applies to offenses committed on or after that date.

In the General Assembly read three times and ratified this the 29^th day of June, 2016.

                                                                    s/  Harry Brown

                                                                         Presiding Officer of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 11:07 a.m. this 21^st day of July, 2016