AN ACT TO PROVIDE FOR THE ADOPTION OF THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE INTO STATE LAW. Summarized in Daily Bulletin 1/26/11, 2/9/11, and 2/10/11. Enacted March 18, 2011. Effective March 18, 2011.
EXCLUSIONARY RULE/GOOD FAITH EXCEPTION
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| View NCGA Bill Details | 2011-2012 Session |
TO PROVIDE FOR THE ADOPTION OF THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE INTO STATE LAW.Intro. by Stam, Ingle, Faircloth.
Status: Ch. SL 2011-6 (House Action) (Mar 21 2011)
Bill History:
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Wed, 26 Jan 2011 House: Filed
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Thu, 27 Jan 2011 House: Passed 1st Reading
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Thu, 27 Jan 2011 House: Ref To Com On Judiciary Subcommittee B
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Wed, 9 Feb 2011 House: Reptd Fav Com Substitute
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Wed, 9 Feb 2011 House: Cal Pursuant Rule 36(b)
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Wed, 9 Feb 2011 House: Placed On Cal For 2/10/2011
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Thu, 10 Feb 2011 House: Amend Adopted 1
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Thu, 10 Feb 2011 House: Passed 2nd & 3rd Reading
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Thu, 10 Feb 2011 House: Ordered Engrossed
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Fri, 11 Feb 2011 Senate: Rec From House
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Mon, 14 Feb 2011 Senate: Passed 1st Reading
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Mon, 14 Feb 2011 Senate: Ref To Com On Judiciary I
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Thu, 3 Mar 2011 Senate: Reptd Fav
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Mon, 7 Mar 2011 Senate: Passed 2nd & 3rd Reading
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Tue, 8 Mar 2011 Ratified
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Wed, 9 Mar 2011 Pres. To Gov. 3/9/2011
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Mon, 21 Mar 2011 Signed By Gov. 3/18/2011
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Mon, 21 Mar 2011 Ch. SL 2011-6
H 3/S.L. 2011-6
Bill Summaries:
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Summary date: Mar 21 2011 - View Summary
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Bill H 3 (2011-2012)Summary date: Feb 10 2011 - View Summary
House amendment makes the following changes to 2nd edition. Provides that the act applies to all hearings or trials commencing on or after July 1, 2011 (was, commencing on or after the act’s effective date). Retains the provision that the act is effective when it becomes law.
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Bill H 3 (2011-2012)Summary date: Feb 9 2011 - View Summary
House committee substitute makes the following changes to 1st edition.
Amends GS 15A-974(a)(2) to provide that evidence will not be suppressed under the subdivision if the person committing the violation of the Criminal Procedure Act acted under the objectively reasonable, good faith belief that the actions were lawful. Restores the requirement removed in the previous version of the act that evidence must be suppressed if obtained as a result of a substantial violation of the provisions of the Criminal Procedure Act.
Enacts new subsection (b) to GS 15A-974 to direct the court, when making a determination whether or not to suppress evidence, to make findings of fact and conclusions of law for the record. Makes a technical change.
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Bill H 3 (2011-2012)Summary date: Jan 26 2011 - View Summary
Amends GS 15A-974 by removing the requirement that evidence be suppressed at criminal trial if it is obtained as a result of a substantial violation of the provisions of GS Chapter 15A (Criminal Procedure Act). Requests the North Carolina Supreme Court to reconsider and overrule its holding in State v. Carter that the good faith exception to the exclusionary rule, which exists under federal law, does not apply under state law.
View: All Summaries for Bill