ENHANCE PROTECTION OF VICTIMS AND WITNESSES.

View NCGA Bill Details2011-2012 Session
Senate Bill 268 (Public) Filed Tuesday, March 8, 2011
TO CREATE ENHANCED PROTECTIONS FOR VICTIMS AND WITNESSES BY ADDING AN EXCEPTION TO THE HEARSAY RULE THAT ALLOWS THE STATEMENT OF AN UNAVAILABLE WITNESS TO BE INTRODUCED INTO EVIDENCE IN CERTAIN CIRCUMSTANCES AND BY INCREASING THE CRIMINAL PENALTY FOR THE OFFENSE OF INTIMIDATING OR INTERFERING WITH A WITNESS.
Intro. by McKissick, Stevens.

Status: Ch. SL 2011-190 (Senate Action) (Jun 23 2011)
S 268/S.L. SL 2011-190

Bill Summaries:

  • Summary date: Jun 23 2011 - More information

    Summarized in Daily Bulletin 3/8/11, 6/7/11, 6/15/11, and 6/16/11. Enacted June 23, 2011. Effective December 1, 2011.


  • Summary date: Jun 16 2011 - More information

    House amendment makes the following change to 3rd edition. Changes the penalty for threatening or intimidating a witness to a Class G felony (was, Class E felony).


  • Summary date: Jun 15 2011 - More information

    House committee substitute makes the following changes to 2nd edition. Makes technical change to bill title to delete reference to exception to hearsay rule to conform bill title to text of the bill which does not include an amendment to the hearsay rule.


  • Summary date: Jun 7 2011 - More information

    Senate committee substitute makes the following changes to 1st edition.
    Deletes amendment to Rule 804(b) of the NC Rules of Evidence, which provided that a statement is not excluded by the hearsay rule if the statement is offered against a party that has engaged in wrongdoing that was intended to and did procure the unavailability of the declarant witness. Amends GS 14-226(a) to make it a Class E felony (was, Class D felony) to intimidate, deter, or otherwise interfere with any person summoned or acting as a witness in state court.


  • Summary date: Mar 8 2011 - More information

    Amends Rule 804(b) of the North Carolina Rules of Evidence, codified in GS 8C-1, to provide that a statement is not excluded by the hearsay rule if the statement is offered against a party that engaged or acquiesced in wrongdoing that was intended to and did procure the unavailability of a witness who was the declarant. Requires the court to determine admissibility of the statement by a preponderance of the evidence.
    Amends GS 14-226(a) to make it a Class D felony (rather than a Class H felony) to intimidate, deter, or otherwise interfere with any person summoned or acting as a witness in state court. Makes a technical change.
    Effective for offenses committed on or after December 1, 2011.


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