Bill Summary for H 415 (2019-2020)

Summary date: 

Mar 20 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 415 (Public) Filed Wednesday, March 20, 2019
AN ACT TO CLARIFY THE REQUIREMENT TO TAKE A PHOTOGRAPH OF A SUSPECT AT THE TIME OF A SHOW-UP WHERE THE SUSPECT IS A JUVENILE.
Intro. by Stevens, Barnes, Hanig, C. Smith.

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Bill summary

Amends GS 15A-284.52(c1), concerning requirements of a show-up conducted by state or local law enforcement officers for eyewitness identification purposes. Adds a new provision requiring an investigator to photograph a juvenile suspect who is 10 years of age or older at the time and place of the show-up, as required by the subsection's existing provisions, only if the juvenile is reported to have committed a nondivertible offense as described in GS 7B-1701. Requires photographs of juveniles to be retained or disposed of as required by GS 7B-2108, except only requires the law enforcement agency to make a written certification to the court of the destruction of records under GS 7B-2108(6) if a petition was filed. Provides that the photographs of juveniles are not public records and must be kept separate from adult records, withheld from public inspection, and examined only by court order. Permits inspection without court order by the juvenile or the juvenile's attorney, the juvenile's parent or guardian, the prosecutor, and court counselors. 

Makes conforming changes to GS 7B-2103, which prohibits nontestimonial identification procedures on juveniles without court order unless the juvenile is charged as an adult or transferred to superior court for trial as an adult.

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