Bill Summary for S 640 (2023-2024)

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Summary date: 

Apr 26 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 640 (Public) Filed Wednesday, April 5, 2023
Intro. by Britt, B. Newton, Daniel.

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Bill summary

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

Amends GS 15A-211, by removing the changes that would have made laws governing electronic recording of juvenile interrogations applicable to (1) all law enforcement interviews and custodial interrogations of juveniles in criminal investigations conducted at any place of detention, and (2) any law enforcement interview or custodial interrogation of any person in a felony criminal investigation conducted at any place of detention. Makes conforming changes by removing interviews throughout the statute, including deletions of changes to the Article's title, the statute's caption, and the statute's stated purpose. 

Reinstates the provision specifying that nothing in the Article precludes 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.

Amends GS 15A-266.7 to require the Crime Lab to notify the office of the district attorney for all CODIS matches (was, to adopt procedures for the notification of the Indigent Defense Services for postconviction CODIS hits that are exculpatory in nature).

Adds new Article 54, Reliability of In-Custody Informant Statements, to GS Chapter 15A, providing as follows. Requires all interviews of in-custody informants to be recorded using a visual recording device that provides an authentic, accurate, unaltered, and uninterrupted record of the interview that clearly shows both the interviewer and the in-custody informant. Defines in-custody informant as a person, other than a co-defendant, accomplice, or co-conspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held within a city or county jail or a State correctional institution or otherwise confined, where statements relate to offenses that occurred outside of the confinement. Prohibits destroying or altering any electronic recording of an in-custody informant interview until one year after the completion of all State and federal appeals of the conviction, including the exhaustion of any appeal of any motion for appropriate relief or habeas corpus proceedings. Requires law enforcement to clearly identify and catalogue every electronic recording. Applies to offenses committed on or after October 1, 2023.