Bill Summary for H 235 (2021-2022)

Summary date: 

Mar 31 2021

Bill Information:

View NCGA Bill Details2021
House Bill 235 (Public) Filed Monday, March 8, 2021
AN ACT TO ELIMINATE UNNECESSARY DELAY OF CRIMINAL PROCEEDINGS IN DISTRICT COURT BY PERMITTING THE REMOTE TESTIMONY OF CERTAIN WITNESSES USING TECHNOLOGY AND PROCEDURES THAT PROTECT THE RIGHTS OF DEFENDANTS AND ADVANCE THE EFFICIENT ADMINISTRATION OF JUSTICE.
Intro. by Arp, Blackwell, C. Smith, Bell.

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Bill summary

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

Adds to and modifies the proposed changes to GS 15A-1225.3 regarding forensic analyst remote testimony. Adds district court proceeding to the defined terms, defined to mean any hearing or trial in district court in a prosecution of a person charged with violating state criminal law. Restricts the defined term criminal proceeding to superior court hearings and trials. Specifies that the existing authority for remote testimony set forth in subsection (b) is limited to criminal proceedings. Makes changes to proposed subsection (b1) to specify that the authorized remote testimony applies to district court proceedings (previously, referred to criminal proceedings in district court). Makes conforming and clarifying changes.

Adds to the proposed changes to GS 20-139.1 regarding chemical analyst remote testimony. Specifies that the authority granted in existing subsection (c5) applies to administrative hearings and superior court proceedings, subject to specified restrictions in existing law. Makes clarifying changes to specify that the authorized remote testimony set forth in new subsection (c6) applies to district court. Makes conforming organizational changes. 

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