Bill Text: NC H1095 | 2013-2014 | Regular Session | Amended
Bill Title: Remote Testimony by Analysts
Spectrum: Slight Partisan Bill (Republican 15-6)
Status: (Introduced - Dead) 2014-06-04 - Re-ref Com On Appropriations [H1095 Detail]
Download: North_Carolina-2013-H1095-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 1
HOUSE BILL 1095
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Short Title: Remote Testimony by Analysts. |
(Public) |
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Sponsors: |
Representatives Davis and Burr (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Judiciary Subcommittee B, if favorable, Appropriations. |
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May 19, 2014
A BILL TO BE ENTITLED
AN ACT to authorize remote video testimony by forensic and chemical analysts, as recommended by the legislative research commission's committee on judicial efficiency and effective administration of justice.
The General Assembly of North Carolina enacts:
SECTION 1. Article 73 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑1225.3. Forensic analyst remote testimony.
(a) Definitions. – The following definitions apply to this section:
(1) Criminal proceeding. – Any hearing or trial in a prosecution of a person charged with violating a criminal law of this State and any hearing or proceeding conducted under Subchapter II of Chapter 7B of the General Statutes where a juvenile is alleged to have committed an offense that would be a criminal offense if committed by an adult.
(2) Remote testimony. – A method by which a forensic analyst testifies from a location other than the location where the hearing or trial is being conducted and outside the physical presence of a party or parties.
(b) Remote Testimony Authorized. – In any criminal proceeding, the testimony of an analyst regarding the results of forensic testing admissible pursuant to G.S. 8‑58.20, and reported by that analyst, shall be permitted by remote testimony if all of the following occur:
(1) The State has provided a copy of the report to the attorney of record for the defendant, or to the defendant if that person has no attorney, as required by G.S. 8‑58.20(d).
(2) The State notifies the attorney of record for the defendant, or the defendant if that person has no attorney, at least 15 business days before the proceeding at which the evidence would be used of its intention to introduce the testimony regarding the results of forensic testing into evidence using remote testimony.
(3) The defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection with the court, with a copy to the State, at least five business days before the proceeding at which the testimony will be presented that the defendant objects to the introduction of the remote testimony.
If the defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection as provided in this subsection, then the analyst shall be allowed to testify by remote testimony.
(c) Testimony. – The method used for remote testimony authorized by this section shall allow the trier of fact and all parties to observe the demeanor of the analyst as the analyst testifies in a similar manner as if the analyst were testifying in the location where the hearing or trial is being conducted. The court shall ensure that the defendant's attorney, or the defendant if that person has no attorney, has a full and fair opportunity for examination and cross‑examination of the analyst.
(d) Nothing in this section shall preclude the right of any party to call any witness."
SECTION 2. G.S. 20‑139.1 is amended by adding a new subsection to read:
"(c5) The testimony of an analyst regarding the results of a chemical analysis of blood or urine admissible pursuant to subsection (c1) of this section, and reported by that analyst, shall be permitted by remote testimony, as defined in G.S. 15A‑1225.3, in all administrative hearings, and in any court, if all of the following occur:
(1) The State has provided a copy of the report to the attorney of record for the defendant, or to the defendant if that person has no attorney, as required by subsections (c1) and (c3) of this section.
(2) The State notifies the attorney of record for the defendant, or the defendant if that person has no attorney, at least 15 business days before the proceeding at which the evidence would be used of its intention to introduce the testimony regarding the chemical analysis into evidence using remote testimony.
(3) The defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection with the court, with a copy to the State, at least five business days before the proceeding at which the testimony will be presented that the defendant objects to the introduction of the remote testimony.
If the defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection as provided in this subsection, then the analyst shall be allowed to testify by remote testimony.
The method used for remote testimony authorized by this subsection shall allow the trier of fact and all parties to observe the demeanor of the analyst as the analyst testifies in a similar manner as if the analyst were testifying in the location where the hearing or trial is being conducted. The court shall ensure that the defendant's attorney, or the defendant if that person has no attorney, has a full and fair opportunity for examination and cross‑examination of the analyst.
Nothing in this section shall preclude the right of any party to call any witness."
SECTION 3. There is appropriated from the General Fund to the Administrative Office of the Courts the sum required to fund equipment needed for the use of remote testimony in at least three prosecutorial districts, not to exceed the sum of five hundred thousand dollars ($500,000) for the 2014‑2015 fiscal year.
SECTION 4. Section 3 of this act becomes effective July 1, 2014. The remainder of this act becomes effective December 1, 2014, and applies to testimony admitted on or after that date.
