Bill Summary for S 268 (2011-2012)
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Summary date:
Mar 8 2011
S.L. SL 2011-190
Bill Information:
| View NCGA Bill Details | 2011-2012 Session |
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.
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Bill summary
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.