Bill Summary for H 790 (2023-2024)

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Summary date: 

Jun 20 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 790 (Public) Filed Tuesday, April 18, 2023
Intro. by Pyrtle.

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Bill summary

Senate committee substitute to the 3rd edition makes the following changes.

Amends GS 15A-1465 by removing the requirement that the Director of the North Carolina Innocence Inquiry Commission report to the chairs of the specified NCGA committee annually by February 1 of each year on all funds received through private gifts, donations, or devises from any source other than the State. Instead, amends GS 15A-1475 to require that the Commission's annual report to the same NCGA committee include a record of the receipt and expenditure of all private donations, gifts, and devises for the reporting period.

Makes additional technical changes.

Adds the following content.

Amends GS 15A-211, making laws governing electronic recording of juvenile interrogations applicable to any custodial interrogation of any person in a felony criminal investigation conducted at any place of detention (previously, any custodial interrogation of any person in a criminal investigation conducted at any place of detention if the investigation is related to any Class A, B1, or B2 felony, and any Class C felony of rape, sex offense, or assault with a deadly weapon with intent to kill inflecting serious injury). Amends the statute's stated purpose to include increasing court confidence in addition to court efficiency. Revises the definition of in its entirety as it applies to the Article to include an uninterrupted record that begins at the start of the interview of custodial interrogation and ends when the custodial interrogation has completely finished. Eliminates the requirement for the record to clearly show both the interrogator and the person in custody; instead requires any visual recording of a custodial interrogation to film both the interrogator and suspect. Adds that the record must reflect all starting and ending times and dates, as well as the starting time and date of the recess and resumption of the interrogation. Replaces the previous provisions regarding electronic recording requirements. Enacts a similar requirement to require any law enforcement officer conducting a custodial interrogation in a place of detention of (1) a juvenile involved in a criminal investigation or (2) any person involved in a felony criminal investigation, to make an electronic recording of the custodial interrogation in its entirety. Requires recordings of non-defendant custodial interrogations to be provided to the juvenile or criminal defendant as part of discovery requirements under GS Chapters 7B and 15A. Adds that electronic recordings of non-defendant custodial interrogations can be destroyed at the conclusion of the State appeal process. Applies to custodial interrogations occurring on or after October 1, 2023.

Effective October 1, 2023, amends GS 15A-266.7, requiring the State Crime Lab to notify the office of district attorney for all CODIS matches. 

Adds new Article 54, Reliability of In-Custody Informant Statements, to GS Chapter 15A, providing as follows. Requires all interviews of in-custody informants by a law enforcement officer 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. Provides an exception for attorneys for the State or defense conducting an interview as part of trial preparation. 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.

Make conforming changes to the act's long title.