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  • Summary date: Apr 22 2021 - View Summary

    Amends Article 8 of GS Chapter 15A, expanding the provisions which require and govern electronic recordings of custodial interrogations by law enforcement, making them applicable to law enforcement interviews as well. Makes conforming changes to the Article's title and throughout the Article to refer to both interviews and custodial interrogations and to make the provisions applicable to interviews. Revises the scope of the Article, making its provisions applicable to any law enforcement interview or custodial interrogation of any person in a felony criminal investigation conducted at any place of detention (was, investigations related to any Class A, B1, or B2 felony, and any Class C felony of rape, sex offense, or assault with a deadly weapon with intent to kill inflicting serious injury). Makes conforming changes to subsection (d) of GS 15A-211. Further amends the statute as follows.

    Revises the definition provided for in its entirety, providing for an uninterrupted record that begins at the start of the interview or custodial interrogation and ends when the interview or custodial interrogation has completely finished; no longer requires that the record clearly shows the interrogator and the person in custody throughout; and requires the record to reflect all starting and ending time and dates, including the starting time and date of the recess and the resumption of the interview or interrogation.

    Enacts new subsection (e1) to require recordings of non-defendant interviews or custodial interrogations under the Article to be provided to the juvenile or criminal defendant as part of discovery requirements under GS Chapters 7B and 15A. No longer specifically provides that the Article does not preclude the admission of a statement given at a time when the interrogators are unaware that the person is suspected of an offense to which the Article applies. Adds to subsection (h) that every electronic recording of non-defendant interviews or custodial interrogations can be destroyed at the conclusion of the State appeal process.

    Applies to interviews and custodial interrogations occurring on or after October 1, 2021.