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HB 771

Interception and Disclosure of Oral Communications

2026 Regular Session Introduced by Susan Valdés

Authorizes court-ordered pretrial depositions to preserve testimony of material witnesses at risk of unavailability, with safeguards for notice, presence, counsel, and recording.

Died in Criminal Justice Subcommittee
#(vetoed)
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Bill Summary · HB 771

Summary — HB 771 (Criminal Law Procedures) — North Carolina, 2025 Session

Note: multiple different measures nationwide use the number “HB 771.” This summary covers the North Carolina House Bill 771 (sponsored by Rep. Stevens), titled “Criminal Law Procedures,” as introduced in 2025 — the version that authorizes deposition testimony preservation in criminal matters, expands certain victims’ protections for sexual assault, and modifies the Conference of District Attorneys.

Main purpose / intent

  • To authorize pretrial depositions (taken at the court’s order on the State’s motion) to preserve testimony of material witnesses in criminal prosecutions when there is a significant risk the witness will be unavailable at trial.
  • To set procedures and safeguards for those depositions (notice, timing, defendant presence/rights, recording, transcript).
  • To add specified rights for sexual assault victims and to make administrative/structural changes to the Conference of District Attorneys (text of those portions is not fully shown in the provided excerpt).

Key provisions — depositions to preserve testimony (adds G.S. 8‑74.1 through 8‑74.3)

  • Who may move: the State (prosecutor) may move the trial court, after a defendant has been charged, to order deposition of a prospective material witness.
  • Grounds the court may rely on to order a deposition (court must be satisfied testimony is material AND at least one of the following):
    1. Witness is in imminent danger of death or great bodily harm.
    2. Witness has been threatened with death or great bodily harm because of witness status.
    3. Witness is about to leave North Carolina and likely will be unable to attend trial.
    4. Witness is so sick or infirm that attendance is unlikely.
    5. Witness is detained as a material witness and likely to flee if released.
    6. Witness is age 65 or older.
  • Motion requirements: verified motion stating offense, case status, witness identity (or initials for good cause), materiality of testimony, and which statutory ground applies.
  • Jurisdiction: motion filed in the court with jurisdiction over the most serious charge when multiple charges exist.
  • Notice and hearing:
    • State must give the defendant at least 10 days’ notice of the hearing and serve the motion per criminal procedure rules.
    • If the defendant fails to appear, the court may hear the motion ex parte unless the absence is excused.
  • Court findings and timing: if the court finds the deposition is necessary, it must make written findings and set a period (not more than 30 days) for the deposition to be taken.
  • Location, recording and transcript: depositions are to be conducted in any state court, fully recorded and transcribed, and made part of the record and available to both parties.
  • Defendant’s presence and counsel:
    • A defendant (in custody or not) has a right to be present at the deposition unless that right is waived or properly excused; custody officials must produce defendants in custody unless a written waiver is provided.
    • Defendant may be excluded for disruptive conduct after warning.
    • Defendant has a right to counsel at any deposition ordered under the section.
  • Special witnesses: if the witness is a child or an individual with intellectual/developmental disability, the court may order the deposition to follow existing statutory procedures for those witnesses (referencing G.S. 15A‑1225.1 and 15A‑1225.2).
  • Costs: where the State requests the deposition, the State shall pay deposition costs (text truncated but indicated).

Other notable (but less-detailed) components

  • The bill also purports to provide “additional rights for victims of sexual assault” and to change aspects of the Conference of District Attorneys. Full text/details of these provisions were not included in the excerpt provided.

Who is affected

  • State prosecutors (gains an additional tool to preserve witness testimony).
  • Defendants (procedural rights to notice, presence, counsel; potential impact on confrontation strategies).
  • Prospective witnesses (especially elderly, infirm, threatened, detained, those about to leave state, or children).
  • Courts (must conduct hearings, make written findings, supervise depositions).
  • Victims of sexual assault and the Conference of District Attorneys (subject to the bill’s other provisions).

Procedural and timing notes

  • Motion requires at least 10 days’ notice to defendant of the hearing; deposition (if ordered) must be scheduled to occur within a court-ordered window, not to exceed 30 days.
  • Depositions are recorded, transcribed, and entered into the record for use at trial under rules applicable to depositions.
  • The bill was referred to Judiciary 2 and to Rules, Calendar, and Operations of the House (entry dated Apr 7, 2025). (Check current legislative status for updates.)

Potential impacts / considerations

  • Intended to prevent loss of critical testimony when witnesses are unavailable at trial due to death, infirmity, threats, relocation, or advanced age.
  • Balances witness preservation with defendant rights (notice, presence, counsel); constitutional issues (e.g., Sixth Amendment Confrontation Clause) may require continued judicial scrutiny to ensure admissibility and procedural safeguards.
  • Administrative impact on court resources for hearings, deposition logistics, and transcription.

For further details or to see the complete statutory text and the bill’s other sections (victim rights and Conference of District Attorneys changes), consult the bill file in the North Carolina General Assembly records (House Bill 771, 2025) and subsequent committee reports.

Compiled from official sources — confirm details with the bill’s official record.

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