Bill Summary for S 241 (2011-2012)

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Summary date: 

Jun 15 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 241 (Public) Filed Monday, March 7, 2011
TO REQUIRE THAT DWI SENTENCING BE AT LEVEL ONE IF THE OFFENSE OCCURS WITH A CHILD LESS THAN SIXTEEN YEARS OF AGE IN THE VEHICLE.
Intro. by Purcell, Allran, Atwater.

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Bill summary

House committee substitute makes the following changes to 2nd edition. Adds a new section to the bill (and amends the bill’s title accordingly) amending GS 15A-211 with respect to the recording of custodial criminal interrogations. Under current law, the requirement of recording applies only to custodial interrogations in homicide investigations. The proposed change would make the requirement applicable to all juvenile custodial interrogations and to any custodial interrogation of any person if the investigation is related to a Class A, B1, or B2 felony or any Class C felony of rape, sex offense, or assault with a deadly weapon with intent to kill inflicting serious injury. Adds a provision requiring that visual and audio recording must be simultaneously produced whenever reasonably feasible, but providing that a defendant may not use this requirement as a ground for suppression of evidence. Makes conforming changes.