Bill
HB 505
The bill adds a framework for domestic violence victim witnesses to testify remotely in criminal cases, improving safety and accessibility while preserving cross-examination rights
1) Hearsay Rule Reform (Rule 804(b))
- Section 1(a) amends Rule 804(b) of the North Carolina Rules of Evidence.
- Adds a new hearsay exception: a statement offered against a party who wrongfully caused, or acquiesced in causing, the declarant’s unavailability as a witness, with the intent to cause that unavailability.
- This broadens admissibility of certain statements in cases where the defendant intentionally rendered a witness unavailable.
2) Statute of Limitations for Certain Misdemeanors
- Section 2(a) modifies G.S. 15-1(b) to require charging within 10 years for certain misdemeanors, including those that would require a budget to determine pretrial release conditions under G.S. 15A-534.1(a).
- Section 2(b) ensures the change applies to acts committed either on or after the effective date or before it if the statute of limitations for the act had not expired before the date of enactment.
3) Domestic Violence Victim Witness Remote Testimony (New § 15A-1225.4)
- Establishes a new framework for remote testimony by domestic violence victim witnesses in criminal proceedings.
- Definitions:
- Domestic violence: includes offenses against a spouse or former spouse, cohabiting partners, dating relationships, domestic criminal trespass, and violations of protective orders under Chapter 50B.
- Domestic violence victim witness: an alleged victim in a domestic violence criminal case.
- Remote testimony: testimony outside the defendant’s physical presence.
- Authorization:
- Remote testimony may be used if the victim is competent and either (a) the defendant does not object, or (b) the court determines remote testimony is appropriate.
- Notice and Waiver (c):
- State must notify defendant’s counsel at least 15 business days before the proceeding if remote testimony will be used.
- Defendant’s counsel must file a written objection at least five business days prior; failure to object waives the right to object.
- The court must issue written findings on any waiver.
- Court-Over Objection (d):
- If there is a timely objection, the court may allow remote testimony if:
- The victim would suffer serious emotional distress by testifying in the defendant’s presence, and
- The victim’s ability to communicate with the trier of fact would be impaired.
- Hearing Procedure (e):
- A separate evidentiary hearing may be held prior to the proceeding to decide on remote testimony; hearings in Superior Court must be recorded.
- Order and Conditions (f) & (g):
- The order must state method of testimony, presence/absence of others, conditions for cross-examination, and any special conditions.
- The remote testimony method must allow real-time observation of demeanor, enable mutual visibility and hearing among judge, jury, defendant, and victim, and permit private attorney presence and cross-examination.
- The defendant’s counsel must have a full and fair opportunity to cross-examine; provisions accommodate pro se defendants as appropriate.
- Nonexclusive Standard (h):
- The section does not limit other statutory or common-law methods for admitting testimony; does not force remote testimony in noncriminal proceedings.
4) Related Cross-References
- Section 3(c) clarifies that this act does not limit other existing remote testimony provisions in related statutes (e.g., 15A-1225.1 to 15A-1225.3, and related evidentiary rules).
- Effective timing: provisions applicable to testimony provided on or after the effective date.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
