North Carolina 2023-2024 Session Status: In Committee Bipartisan · 25 R · 1 D cosponsors

HB 39 — Kayla's Act: Protecting Domestic Violence Victims.

Last action — Passed 1st Reading

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

111 added · 110 removed

Plain-language change summary

The revised HB 39 makes a minor adjustment to the language regarding "remote testimony" for domestic violence victims. It clarifies that a domestic violence victim witness can testify remotely in court if they are deemed competent and if the defendant does not object or if the court finds remote testimony appropriate. This change is important as it enhances the safety and comfort of victims, allowing them to participate in legal proceedings without having to face their alleged abuser in person.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 1 HOUSE BILL 39 Short Title:
39 Jan 31, 2023 SESSION 2023 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30021-ND-8B Short Title:
Representative Lowery.
Representatives Lowery, B.
Jones, Miller, and Carson Smith (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO MODIFY LAWS PERTAINING TO DOMESTIC VIOLENCE, TO BE KNOWN AS KAYLA'S ACT:
Judiciary 2, if favorable, Rules, Calendar, and Operations of the House February 2, 2023 A BILL TO BE ENTITLED AN ACT TO MODIFY LAWS PERTAINING TO DOMESTIC VIOLENCE, TO BE KNOWN AS KAYLA'S ACT:
– A statement offered against a party that wrongfully caused, oracquiescedin wrongfullycausing,thedeclarant'sunavailabilityasawitness and did so intending that result." SECTION 1.(b) This section is effective when it becomes law and applies to trials beginning on or after that date.
– A statement offered against a party that wrongfully caused, oracquiescedin wrongfullycausing, thedeclarant'sunavailabilityasawitness and did so intending that result." SECTION 1.(b) This section is effective when it becomes law and applies to trials beginning on or after that date.
– All cases in which the defendant is charged with assault on, stalking, communicating a threat to, or committing a crime provided in Article 7B, 8, 10, or 15 of Chapter 14 of the General Statutes upon a spouse or former spouse, a person with whom the defendant lives or has lived as if married, or a person with whom the defendant is or has been in a dating *DRH30021-ND-8B* General Assembly Of North Carolina Session 2023 relationship as defined in G.S.
– All cases in which the defendant is charged with assault on, stalking, communicating a threat to, or committing a crime provided in Article 7B, 8, 10, or 15 of Chapter 14 of the General Statutes upon a spouse or former spouse, a person with whom the defendant lives or has lived as if *H39-v-1* General Assembly Of North Carolina Session 2023 married, or a person with whom the defendant is or has been in a dating relationship as defined in G.S.
– If a defendant's attorney of record, or the defendant, objects to remote testimony as provided for in subsection (c) of this section, the court may authorize remote testimony over the objection if the court determines each of the following:
– If a defendant's attorney of record, or the defendant, objects to remote testimony as provided for in subsection (c) of this section, the court may authorize remote testimonyover the objection if the court determines each of the following:
– Upon motion of a party or the court's own motion, and for good cause shown, the court shall hold an evidentiary hearing to determine whether to allow remote testimony.
– Upon motion of a partyor the court's own motion, and for good cause shown, the court shall hold an evidentiary hearing to determine whether to allow remote testimony.
(1) State the method by which the domestic violence victim witness is to testify.
Page 2 House Bill 39-First Edition General Assembly Of North Carolina Session 2023 (1) State the method by which the domestic violence victim witness is to testify.
Page 2 DRH30021-ND-8B General Assembly Of North Carolina Session 2023 (2) List any individual or category of individuals allowed to be in, or required to beexcluded from, the presenceofthe domesticviolencevictim witness during the testimony.
(2) List any individual or category of individuals allowed to be in, or required to beexcludedfrom, the presenceofthe domesticviolencevictim witness during the testimony.
(1) Prohibit the use or application of any other method or procedure authorized or required by statute, common law, or rule for the introduction into evidence of the statements or testimony of a domestic violence victim in a criminal or noncriminal proceeding.
(1) Prohibit the use or application of anyother method or procedure authorized or required by statute, common law, or rule for the introduction into evidence of the statements or testimony of a domestic violence victim in a criminal or noncriminal proceeding.
DRH30021-ND-8B Page 3
House Bill 39-First Edition Page 3
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 26 co-sponsors · 150 not signed on

Sponsors (3)

Co-sponsors (26)

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors HB 39?
HB 39 is sponsored by Carson Smith (Republican), Lowery, Brenden H. Jones (Republican), Charles W. Miller (Republican), Jennifer Balkcom (Republican), Ted Davis, Jr. (Republican), Fontenot, Pricey Harrison (Democratic), Frank Iler (Republican), Keith Kidwell (Republican), Donnie Loftis (Republican), Lucas, Jeffrey C. McNeely (Republican), Ben T. Moss, Jr. (Republican), Erin Paré (Republican), Howard Penny, Jr. (Republican), A. Reece Pyrtle, Jr. (Republican), Dennis Riddell (Republican), Stephen M. Ross (Republican), Larry C. Strickland (Republican), Bill Ward (Republican), Harry Warren (Republican), Donna McDowell White (Republican), David Willis (Republican), Matthew Winslow (Republican), Jeff Zenger (Republican), Sarah Stevens (Republican), Jake Johnson (Republican), and Mike Clampitt (Republican).
What is the current status of HB 39?
This bill died with 2023-2024 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 39?
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