GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 21 SENATE BILL 55 House Committee Substitute Favorable 7/28/25 Short Title:
ExpeditedStudent RemovalUse of UnauthorizedWireless Persons.Communication Devices.
Senators Lee, Burgin, and Barnes (Primary Sponsors).
Rules and Operations of the Senate February 6, 2025 A BILL TO BE ENTITLED AN ACT TO CREATEREQUIRE ANREGULATION ALTERNATIVEOF REMEDYSTUDENT FORUSE THE EXPEDITED REMOVAL OF UNAUTHORIZEDWIRELESS PERSONSCOMMUNICATION FROMDEVICES PRIVATEDURING PROPERTYINSTRUCTIONAL BYTIME. A LAW ENFORCEMENT AGENCY.
Article 7B of Chapter 14115C of the General Statutes is amended byaddingby adding a new ArticlePart to read:
"Article"Part 22D.8.
"ExpeditedMiscellaneous RemovalRequirements. of Unauthorized Persons from Residential Property.
"§ 14-159.50.115C-76.100.
Definitions.Regulation of wireless communication devices.
(a) The following definitions apply toin this Article:section:
(1) AuthorizedWireless representative.communication device.
– AAny realportable estatewireless brokerdevice orthat otherhas personthe whocapability hasto writtenprovide legalvoice, authoritymessaging, toor actother ondata behalfcommunication ofbetween atwo propertyor owner.more parties, including the following:
(2)a. Contract for deed.
–Cellular Astelephones. defined in G.S.
47H-1.b.
(3)Tablet Lawcomputers. enforcement agency.
–c. A county sheriff's office, a county police department, or a municipal police department.
(4)Laptop Realcomputers. estate broker.
–d. As defined in G.S.
93A-2(a).Paging devices.
(5)e. Residential property.
–Two-way Asradios. defined in G.S.
42A-4.f.
(6)Gaming Tenant.devices.
–(2) AsWireless definedcommunication inpolicy. G.S.
42-59.– A policy governing the use of wireless communication devices by students.
(7)(b) UnauthorizedThe person.governing body of a public school unit shall establish a wireless communication policy.
–At A person or persons occupying residential property who has no legal claim to the property, is not entitled to occupy it under a validminimum, rentalexcept agreementas orpermitted contractin forsubsection deed,(c) has not paid anyrent or other form of paymentthis tosection, the propertypolicy ownershall orprohibit anstudents authorizedfrom representativeusing, ofdisplaying, theor propertyhaving ownera inwireless connectioncommunication withdevice theturned occupancyon ofduring theinstructional property,time. and is not otherwise authorized to occupy the property.
This(c) termAwirelesscommunicationpolicyshallallowstudentuseofawirelesscommunication doesdevice notduring includeinstructional atime tenantas whofollows: holds over after the lease term has expired under G.S.
42-26.(1) If authorized by a teacher for educational purposes or for use in the event of an emergency.
"§The 14-159.51.governing body may establish parameters to be followed by a teacher in granting authorizations.
Requirements(2) forAs removalrequired ofby unauthorizedthe persons.student's individualized education program or section 504 (29 U.S.C.
A§ property794) ownerplan. or an authorized representative of the property owner may initiate an expedited removal proceeding for the removal of an unauthorized person unlawfully occupying residential property pursuant to this Article.
The(3) complaintAs inrequired theto proceedingmanage shalla allegestudent's athealth leastcare, thein following:accordance with a documented medical condition.
(1)(d) The requestinggoverning partybody isshall establish the propertyconsequences ownerfor orviolations of the authorizedwireless representativecommunication policy, which may include confiscation of the propertywireless owner.communication device and disciplinary measures under the public school unit's Code of Student Conduct.
(2)*S55-v-1* TheGeneral propertyAssembly thatOf isNorth beingCarolina unlawfullySession occupied2025 is(e) residentialNo propertylater orthan propertySeptember used1 of the year in connectionwhich withthis orsection appurtenantbecomes effective, every public school unit shall send to residentialthe property.Department of Public Instruction a copy of the public school unit's wireless communication policy.
*S55-v-2*The Generalpublic Assemblyschool Ofunit Northshall Carolinaprovide Sessionthe 2025Department (3)of AnPublic unauthorizedInstruction personwith hasa enteredcopy theof property after the propertywireless ownercommunication acquiredpolicy theanytime propertyit and is remainingchanged. or residing unlawfully on the residential property of the property owner.
(4)No Thelater propertywasthan notOctober offered1 orof intendedeach asyear, anthe accommodationDepartment forof Public Instruction shall report to the generalJoint publicLegislative atEducation Oversight Committee the timenumber of public school units that are in compliance with this section and the unauthorizedname personof entered.any public school unit which is not in compliance with this section." SECTION 2.
(5)This Theact propertyowneris oreffective thewhen authorizedit representativebecomes oflaw theand propertyownerapplies hasbeginning directedwith the unauthorized2025-2026 personschool toyear. leave the residential property.
(6)Page The2 unauthorizedSenate personBill is55-First notEdition a tenant of the owner of the property being unlawfully occupied.
(7) The unauthorized person is not an owner of the property being unlawfully occupied.
(8) There is no pending litigation between the property owner and the unauthorized person related to the residential property.
(9) No other valid rental agreement or contract for deed has been entered into or formed by the property owner or a former property owner and the unauthorized person permitting the unauthorized person to occupy the residential property.
(10) No rent or other form of payment has ever been demanded of or paid by the unauthorized person to the property owner or to an authorized representative of the property owner in connection with the occupancy of the residential property.
"§ 14-159.52.
Removal of unauthorized persons.
(a) An expedited removal proceeding shall commence with the filing of a complaint and issuance of a summons in the county where the property is located.
If the office of the clerk of the superior court is closed, the complaint shall be filed with, and the summons issued by, a magistrate.
If the identity of the unauthorized person occupying the property is not known to the property owner or the authorized representative of the property owner, then the complaint and summons may properly be addressed to "John (and/or Jane) Doe and all Occupants." The complainant shall provide the summons and the complaint to the sheriff.
The service of the summons and complaint for expedited removal shall be made by the sheriff on the unauthorized person personally or by posting a copy of the summons and complaint on the front door of the property and shall be made within 24 hours of the sheriff receiving the summons and complaint for service.
The sheriff, upon service, shall promptly file a return.
A hearing on the expedited removal shall be held before a magistrate in the county where the property is located as soon as practicable, but no more than 48 hours after such service.
To the extent that the provisions of this Article conflict with the Rules of Civil Procedure, Chapter 1A of the General Statutes, with respect to the commencement of an action or service of process, this Article controls.
(b) If the court finds for the property owner or authorized representative of the property owner, the court shall immediately enter a written order granting the property owner or authorized representative of the property owner possession and stating the time when the unauthorized person shall vacate the property.
In no case shall this time be more than four hours after service of the order on the unauthorized person.
The court's order shall be served on the unauthorized person at the hearing.
If the unauthorized person does not appear at the hearing or leaves before the order is served, the complainant shall provide a copy of the order to the sheriff and the order shall be served by delivering the order to the unauthorized person or by posting the order on the front door of the property by the sheriff within 24 hours of the sheriff receiving the order for service.
The sheriff, upon service, shall file a return.
"§ 14-159.53.
Appeal.
An unauthorized person, property owner, or authorized representative of the property owner may appeal a court order issued pursuant to G.S.
14-159.52(b) to the district court for a trial de novo.
If the court finds for the property owner or the authorized representative of the property Page 2 Senate Bill 55-Second Edition General Assembly Of North Carolina Session 2025 owner, the court shall determine the amount of the appeal bond that the unauthorized person shall be required to post should the unauthorized person seek to appeal the court order.
The amount of thebondshall be aminimum often thousanddollars ($10,000), but maybeset at ahigher amount based on an estimate of the rent that could reasonablybe charged for a valid rental of the property during the time the unauthorized person is prosecuting the appeal and reasonable damages that the property owner may suffer, including damage to property and damages arising from the inability of the property owner to reside in or rent the property during the unauthorized person's possession of the property.
"§ 14-159.54.
Violation of court order.
If the court has entered an order of removal and an unauthorized person fails to remove personal propertyfrom the residential propertywithin the time allowed bythe order, the property ownerorauthorized representativeofthepropertyownermayremove thepersonal propertyfrom the premises to or near the property line.
The failure of an unauthorized person to vacate a residential property in accordance with a court order issued pursuant to G.S.
14-159.52(b) shall constitute a criminal trespass under G.S.
14-159.13(a)(1).
"§ 14-159.55.
Immunity from liability.
No law enforcement agency, law enforcement officer, or magistrate may be held liable to an unauthorized person or any other person or entity for compliance with or actions taken in furtherance of the provisions of this Article, including for the loss or destruction of or damage to personal or real property, provided that the acts or omissions are made in good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing.
The property owner or the authorized representative of the property owner is not liable to an unauthorized person or any other person or entity for the loss or destruction of or damage to any personal propertythat arises out of orin anywayrelates to the removal of anunauthorizedperson pursuant to this Article unless the removal was wrongful.
"§ 14-159.56.
Remedy for wrongful removal.
(a) A person may bring a civil cause of action against the property owner or authorized representative for wrongful removal under this Article.
A person harmed by a wrongful removal under this Article may be entitled to recover possession of the property and may recover from thepropertyownerorauthorizedrepresentativedamageslimitedtoactualdamagesasinanaction for trespass or conversion and shall not include punitive damages, treble damages, or damages for emotional distress.
(b) This Article does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unauthorized person for trespassing, vandalism, theft, or other crimes.
(c) The remedies created by this section are supplementary to all existing common-law and statutory rights and remedies." SECTION 2.
This act becomes effective December 1, 2025.
Senate Bill 55-Second Edition Page 3