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HB 862

Justice Improvements.

2025-2026 Session Introduced by John Blust and 1 co-sponsor

HB 862 expands mandatory video/audio recording of district court proceedings and enhanced electronic records for impaired‑driving cases, boosting transparency and public reporting.

Passed 1st Reading
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Bill Summary · HB 862

Summary — HB 862: Justice Improvements

Status: Passed 1st Reading (Introduced Nov. 12, 2024)
Primary subject areas: courts, court clerks, electronic recording & records, impaired driving (DWI), traffic offenses, reporting, information technology

Main purpose

HB 862 expands requirements for audiovisual recording of many district‑court proceedings and strengthens electronic recordkeeping and public reporting for impaired‑driving and related motor‑vehicle offenses. The stated goals are increased transparency, more complete public records, and better statewide data on how impaired‑driving cases are handled.

Key provisions

  • Recording of proceedings (amends G.S. 7A‑191.1)

    • Extends mandatory creation of a “true, complete, and accurate” record beyond certain felony pleas to include:
    • Any hearing on an infraction under Article 66 of Chapter 15A and
    • Any criminal trial proceeding in district court, including pretrial motions, pleas and plea bargains, the statutory explanation under G.S. 20‑138.4, presentation of evidence, sentencing hearings, posttrial motions, and requests for limited driving privileges.
    • Recordings must be both video and audio, using devices provided by the Administrative Office of the Courts (AOC).
    • The clerk of superior court (or a designee) must operate and preserve the recordings.
    • Making recordings available online in a viewable/downloadable format is expressly allowed and satisfies public‑records access requirements under Chapter 132.
    • Recordings may be deleted in accordance with a records‑retention schedule adopted and implemented by the AOC.

  • Electronic case record content and impaired‑driving data (amends G.S. 7A‑109.2)

    • Clerks must ensure disposition records include essential case details (judge, attorneys, etc.).
    • For all impaired‑driving offenses, driving‑while‑license‑revoked for impaired‑driving revocations, and other motor‑vehicle offenses involving alcohol, electronic records must also include:
    • Reasons for any pretrial dismissal
    • Reported alcohol concentration (if any)
    • Reasons for any suppression of evidence
    • Final disposition of the charge
    • For defendants sentenced under G.S. 20‑179, clerks must record each aggravating/mitigating factor found and the level of punishment imposed.
    • AOC must publish an annual report (by Sept. 1 each year) with statewide and county summaries of charges, dispositions, sentencing factors, and sentencing levels. The first report will cover Dec. 1, 2025–June 30, 2026 and be published by Sept. 1, 2026.

Who is affected

  • District courts, judges, clerks of superior court, and court staff (new operational duties)
  • Administrative Office of the Courts (equipment provisioning, records retention policy, online access, and annual reporting)
  • Defendants in criminal and DWI/motor‑vehicle cases, prosecutors, defense counsel
  • Law enforcement and chemical analysts (alcohol concentration data reporting)
  • Members of the public and researchers (greater access to recordings and case‑level impaired‑driving data)

Timeline / effective dates

  • Sections requiring recordings and expanded record content (Sections 1 & 2) take effect Dec. 1, 2025 and apply to hearings/trials/dispositions on or after that date.
  • First AOC report deadline: Sept. 1, 2026 (covering Dec. 1, 2025–June 30, 2026).
  • AOC will adopt retention schedules governing deletion of recordings.

Potential impacts and considerations

  • Administrative and fiscal: courts and AOC will face costs for video/audio equipment, storage, personnel to operate/maintain systems, and web hosting for public access.
  • Privacy and legal: broader public availability of recordings raises privacy and evidentiary concerns; retention and redaction policies will be important.
  • Transparency and oversight: standardized recording and richer electronic case data aim to improve public accountability and enable analysis of impaired‑driving case outcomes across counties.

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

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