Bill Text: NC H729 | 2011-2012 | Regular Session | Amended


Bill Title: Reckless Assault of a Child

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2011-04-07 - Ref To Com On Judiciary Subcommittee B [H729 Detail]

Download: North_Carolina-2011-H729-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    1

HOUSE BILL 729

 

 

Short Title:        Reckless Assault of a Child.

(Public)

Sponsors:

Representatives Wray, Glazier, Insko, and M. Alexander (Primary Sponsors).

For a complete list of Sponsors, see Bill Information on the NCGA Web Site.

Referred to:

Judiciary Subcommittee B.

April 7, 2011

A BILL TO BE ENTITLED

AN ACT to create the criminal offense of reckless assault of a child.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 8 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑32.5.  Reckless assault of a child.

(a)        Definition. – For purposes of this section, the term "serious bodily injury" means either of the following:

(1)        Serious bodily injury as defined in G.S. 14‑318.4.

(2)        Extreme rotational cranial acceleration and deceleration and one or more of the following:

a.         Subdural hemorrhaging.

b.         Intracranial hemorrhaging.

c.         Retinal hemorrhaging.

(b)        Offense. – A person is guilty of reckless assault of a child if the person is 18 years of age or more and recklessly causes serious bodily injury to the brain of a child less than five years old by shaking the child, or by slamming or throwing the child so as to impact the child's head on a hard surface or object.

(c)        Penalty. – Unless the conduct is covered under some other provision of law providing greater punishment, a person who commits reckless assault of a child is guilty of a Class D felony."

SECTION 2.  This act becomes effective December 1, 2011, and applies to offenses committed on or after that date.

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