Bill Summary for S 42 (2011-2012)

Summary date: 

Mar 28 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 42 (Public) Filed Tuesday, February 8, 2011
RELATING TO THE REMOTE TESTIMONY OF CHILD WITNESSES IN CRIMINAL PROCEEDINGS RELATING TO SEXUAL OFFENSES.
Intro. by Mansfield.

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Bill summary

Senate committee substitute makes the following changes to 1st edition. Deletes the provisions of the 1st edition and instead amends GS 15A-1225.1 (child witnesses; remote testimony) to prohibit the court from requiring that expert testimony be presented at an evidentiary hearing. Allows the court to make its determination based solely on lay testimony whether or not expert testimony is presented. Maintains the October 1, 2011, effective date and provides that the act does not amend or alter the evidentiary rules applying to proceedings that occur before the effective date.
Changes the title of the act to AN ACT TO CLARIFY THAT A COURT MAY RELY SOLELY ON LAY TESTIMONY WHEN MAKING A DETERMINATION THAT A CHILD WITNESS IN A CRIMINAL CASE WOULD SUFFER SERIOUS EMOTIONAL DISTRESS AND THE CHILD’S ABILITY TO COMMUNICATE WITH THE TRIER OF FACT WOULD BE IMPAIRED BY TESTIFYING IN THE DEFENDANT’S PRESENCE.

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