Bill Summary for S 51 (2023-2024)

Printer-friendly: Click to view

Summary date: 

Mar 21 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 51 (Public) Filed Wednesday, February 1, 2023
AN ACT TO MODIFY LAWS PERTAINING TO DOMESTIC VIOLENCE, TO BE KNOWN AS KAYLA'S ACT: PROTECTING VICTIMS OF DOMESTIC VIOLENCE.
Intro. by Britt, Craven, Barnes.

View: All Summaries for BillTracking:

Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Amends new GS 15A-1225.4, which allows a domestic violence victim witness (victim witness) in a criminal proceeding who has been found competent to testify under oath or affirmation, other than in an open forum, if certain criteria are met. More specifically requires the court to hold a separate evidentiary hearing on a date prior to the proceeding at which the remote testimony is proposed to be allowed to determine whether to allow remote testimony (previously, the statute did not require the evidentiary hearing to be held prior to the proceeding). Adds new requirements for the court to ensure that (1) the physical location where the victim witness testifies has been mutually agreed upon by the defendant and the State, or approved by the court, and (2) the defendant and the State are allowed at least two representatives approved by the court, other than the prosecutor and defense counsel, at the remote testifying location. 

Deletes proposed new GS 50B-10, which required all district court trials and proceedings held under GS Chapter 50B (Domestic Violence) to be recorded in a way that memorializes the audio and visual participation of each part to the trial or proceeding.