Bill Summary for H 408 (2011-2012)

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Summary date: 

Mar 17 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 408 (Public) Filed Thursday, March 17, 2011
Intro. by T. Moore, Spear, Shepard.

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Bill summary

Amends GS 15A-903 regarding disclosure of evidence by the state to provide that upon a motion by the defendant, the court is required to order the state to make available to the defendant the prosecutor’s complete file involving the investigation of the crimes committed or the state’s prosecution of the defendant (was, required the State to make available the complete files of all law enforcement and prosecutorial agencies involved in the investigation). Makes a conforming change. Also provides that oral statements by a witness to a prosecutor outside the presence of a law enforcement officer or investigative assistant are not required to be written or recorded unless the witness’s oral statement contains material and significantly new or different information from a prior statement (was, not required to be written unless there is significantly new or different information). Requires that any representative of the State who is requesting investigative assistant or expert witness services must file a motion and notice of hearing on the defendant in court in the presence of opposing counsel. Directs a law enforcement agency to make a complete copy of the files related to the investigation of the crimes committed or the prosecution of the defendant upon request by the State.
Amends GS 15A-904 to provide that unless ordered to do so by the court, the state is not required to disclose the identity of any individual providing information about a crime or criminal conduct to a Crime Stoppers organization under promise of anonymity. Defines Crime Stoppers organization. Also provides that the State is not required to disclose the Victim Impact Statement or its content unless otherwise required by law. Defines what constitutes a Victim Impact Statement. Provides that the district attorney or other prosecuting attorney and legal staff are presumed to be acting in good faith if the state has undertaken compliance with Article 48 of GS Chapter 15A by making disclosure.
Amends GS 15A-905(c)(2) to provide that the court must order, upon motion by the state, the defendant requesting investigative assistance or expert witness services to file a motion and notice of hearing on the State, in court and in the presence of opposing counsel.
Adds new subsection (c) to GS 15A-910 (regulation of discovery; failure to comply) to provide that if the court imposes any sanctions, it must make specific findings to support imposing the sanction.
Effective December 1, 2011, and applies to cases pending on or after that date.