Summarized in Daily Bulletin 3/8/11, 6/7/11, 6/15/11, and 6/16/11. Enacted June 23, 2011. Effective December 1, 2011.
ENHANCE PROTECTION OF VICTIMS AND WITNESSES.
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View NCGA Bill Details | 2011-2012 Session |
TO CREATE ENHANCED PROTECTIONS FOR VICTIMS AND WITNESSES BY ADDING AN EXCEPTION TO THE HEARSAY RULE THAT ALLOWS THE STATEMENT OF AN UNAVAILABLE WITNESS TO BE INTRODUCED INTO EVIDENCE IN CERTAIN CIRCUMSTANCES AND BY INCREASING THE CRIMINAL PENALTY FOR THE OFFENSE OF INTIMIDATING OR INTERFERING WITH A WITNESS.Intro. by McKissick, Stevens.
Bill History:
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Tue, 8 Mar 2011 Senate: Filed
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Wed, 9 Mar 2011 Senate: Passed 1st Reading
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Wed, 9 Mar 2011 Senate: Ref To Com On Rules and Operations of the Senate
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Wed, 27 Apr 2011 Senate: Withdrawn From Com
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Wed, 27 Apr 2011 Senate: Re-ref Com On Judiciary I
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Tue, 7 Jun 2011 Senate: Reptd Fav Com Substitute
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Tue, 7 Jun 2011 Senate: Com Substitute Adopted
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Tue, 7 Jun 2011 Senate: Placed On Cal For 6/7/2011
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Tue, 7 Jun 2011 Senate: Passed 2nd & 3rd Reading
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Wed, 8 Jun 2011 House: Passed 1st Reading
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Wed, 8 Jun 2011 House: Ref To Com On Judiciary Subcommittee A
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Wed, 15 Jun 2011 House: Reptd Fav Com Substitute
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Wed, 15 Jun 2011 House: Cal Pursuant Rule 36(b)
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Wed, 15 Jun 2011 House: Placed On Cal For 6/16/2011
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Thu, 16 Jun 2011 House: Passed 2nd Reading
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Thu, 16 Jun 2011 House: Amend Adopted 1
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Thu, 16 Jun 2011 House: Passed 3rd Reading
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Fri, 17 Jun 2011 Senate: Rec To Concur H Com Sub
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Fri, 17 Jun 2011 Senate: Placed On Cal For 6/17/2011
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Fri, 17 Jun 2011 Senate: Concurred In H/com Sub
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Sat, 18 Jun 2011 Ratified
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Mon, 20 Jun 2011 Pres. To Gov. 6/20/2011
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Thu, 23 Jun 2011 Signed By Gov. 6/23/2011
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Thu, 23 Jun 2011 Ch. SL 2011-190
Bill Summaries:
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Bill S 268 (2011-2012)Summary date: Jun 23 2011 - View Summary
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Bill S 268 (2011-2012)Summary date: Jun 16 2011 - View Summary
House amendment makes the following change to 3rd edition. Changes the penalty for threatening or intimidating a witness to a Class G felony (was, Class E felony).
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Bill S 268 (2011-2012)Summary date: Jun 15 2011 - View Summary
House committee substitute makes the following changes to 2nd edition. Makes technical change to bill title to delete reference to exception to hearsay rule to conform bill title to text of the bill which does not include an amendment to the hearsay rule.
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Bill S 268 (2011-2012)Summary date: Jun 7 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition.
Deletes amendment to Rule 804(b) of the NC Rules of Evidence, which provided that a statement is not excluded by the hearsay rule if the statement is offered against a party that has engaged in wrongdoing that was intended to and did procure the unavailability of the declarant witness. Amends GS 14-226(a) to make it a Class E felony (was, Class D felony) to intimidate, deter, or otherwise interfere with any person summoned or acting as a witness in state court.
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Bill S 268 (2011-2012)Summary date: Mar 8 2011 - View Summary
Amends Rule 804(b) of the North Carolina Rules of Evidence, codified in GS 8C-1, to provide that a statement is not excluded by the hearsay rule if the statement is offered against a party that engaged or acquiesced in wrongdoing that was intended to and did procure the unavailability of a witness who was the declarant. Requires the court to determine admissibility of the statement by a preponderance of the evidence.
Amends GS 14-226(a) to make it a Class D felony (rather than a Class H felony) to intimidate, deter, or otherwise interfere with any person summoned or acting as a witness in state court. Makes a technical change.
Effective for offenses committed on or after December 1, 2011.