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SB 792

Kayla's Act: Protecting Dom. Violence Victims.

2025-2026 Session Introduced by Woodson Bradley and 2 co-sponsors

Kayla's Act expands protections for domestic violence victims by allowing remote testimony in criminal cases, with safeguards, notices, and court oversight.

Passed 1st Reading
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Bill Summary · SB 792

Summary of Senate Bill 792 (2025 Session, North Carolina): Kayla's Act — Protecting Victims of Domestic Violence

Purpose and Intent

  • SB 792, titled Kayla's Act: Protecting Victims of Domestic Violence, seeks to modify laws related to domestic violence to enhance protections for victims.
  • The bill covers several areas: hearsay rules, criminal statute of limitations for certain misdemeanors, and expansion of remote testimony for domestic violence victims in criminal proceedings.
  • The act includes funding to implement its provisions and to educate the public about expanded protections.

Key Provisions

1) Hearsay Rule Reform (Section 1)

  • Amends G.S. 8C-1, Rule 804(b) to add a new hearsay exception:
    • If a declarant is unavailable as a witness and a party wrongfully caused or acquiesced in that unavailability with the intent of producing that result, a statement offered against that party may be admitted despite the hearsay rule.
  • Effective for trials beginning on or after the date the Act becomes law.

2) Statute of Limitations for Misdemeanors (Section 2)

  • Amends G.S. 15-1(b) to require that certain misdemeanors be charged within 10 years of the crime.
  • Specifically includes offenses that would require a “budget” to determine conditions of pretrial release under G.S. 15A-534.1(a).
  • Effective upon enactment and applies to:
    • Offenses committed on or after the effective date, or
    • Offenses committed before the effective date if the statute of limitations for that act had not expired before the date.

3) Domestic Violence Victim Witness Remote Testimony (Section 3)

  • Creates new G.S. § 15A-1225.4 – Domestic Violence Victim Witnesses; Remote Testimony.
  • Definitions:
    • Domestic violence: Applies to numerous charges involving spouses, dating partners, cohabitants, or others in a domestic relationship, including certain violations under Chapters 14 and 50B.
    • Domestic violence victim witness: An alleged victim in a domestic violence criminal case.
    • Remote testimony: Testimony by the victim witness outside the defendant’s physical presence.
  • Remote testimony may be permitted if:
    • The victim has been found competent to testify, and
    • The defendant either does not object (per subsection c) or the court determines remote testimony is appropriate (per subsection d).
  • Notice and waiver (subsection c):
    • The State must notify the defendant’s attorney at least 15 business days prior to the proceeding of its intention to use remote testimony.
    • The defendant’s attorney may file a written objection at least 5 business days before the proceeding; failure to object waives the right to object.
    • The court must make written findings regarding notice and waiver.
  • Court’s authority over objections (subsection d):
    • The court may authorize remote testimony over objection if: 1) The victim would suffer serious emotional distress testifying in the defendant’s presence, and 2) The victim’s ability to communicate with the trier of fact would be impaired.
  • Hearing and order process (subsections e–f):
    • Separate evidentiary hearing may be held prior to the remote testimony to determine eligibility.
    • Any order must include detailed findings and specify how the testimony will be conducted, who may be present, cross-examination provisions, and other conditions.
  • Remote testimony standards (subsection g):
    • Visual and audio connection with real-time interaction.
    • Mutually agreed physical location for the victim’s testimony.
    • The defendant and State may each have at least two court-approved representatives at the remote location.
    • Defense counsel (excluding pro se defendants) must have a full and fair opportunity for cross-examination and private communication with the defendant.
  • Nonexclusive framework (subsection h):
    • This section does not override other authorized methods for admitting testimony and does not obligate use of remote testimony in noncriminal proceedings.
  • Related authority (Section 3(c)):
    • Clarifies that this act does not limit court authority to receive remote testimony under other statutes that permit it.

4) Funding (Section 4)

  • Allocates $2,000,000 in nonrecurring General Fund funds for the 2026-2027 fiscal year to the Administrative Office of the Courts.
  • Purposes:
    • Implement the act’s requirements.
    • Conduct a public awareness campaign regarding expanded protections.

5) Effective Date (Section 5)

  • The act becomes effective upon enactment, with various sections applying as specified (e.g., some provisions apply to trials beginning after enactment, others to acts committed after enactment or under conditions described).

Who and What Is Affected

  • Domestic violence victims and witnesses: Expanded ability to testify remotely in criminal proceedings, with safeguards to ensure fair cross-examination and emotional safety.
  • Defendants and defense counsel: Subject to new notice, potential objections, and court-ordered remote testimony procedures; need to prepare for remote testimony logistics and cross-examination under the new framework.
  • Courts and the Administrative Office of the Courts: Responsible for implementing the remote testimony process, providing guidelines, and managing funding and public awareness activities.
  • Offenders in certain misdemeanors: Potentially affected by the extended 10-year charging period for specific offenses.

Procedural and Timeline Aspects

  • The Act includes effective dates: some provisions become law immediately upon enactment; others apply to acts committed after enactment or to trials commencing after enactment.
  • The remote testimony provisions include a structured notice/objection timeline (15 days’ notice by State; 5 days’ for defense objection) and mandatory written findings.
  • A dedicated $2 million one-time appropriation is provided for implementation and outreach in the 2026-2027 fiscal year.

Observations

  • Kayla’s Act places emphasis on enhancing victim safety and accessibility by enabling remote testimony in domestic violence cases, while maintaining procedural protections for defendants through notice, objections, and court-backed determinations.
  • The bill also modernizes evidence and procedural rules (habeas-like closure with awareness of unavailability) and updates the handling of certain long-standing misdemeanor cases through a revised statute of limitations timeline.
  • Public awareness funding indicates a broader effort to inform communities about new protections.

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

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