HB 771 — Criminal Law Procedures.

GENERAL ASSEMBLY OF NORTH CAROLINA H.B.SESSION 2025 H 1 HOUSE BILL 771 Short Title:

771 Apr 3, 2025 SESSION 2025 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10350-SA-8 Short Title:

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 2, if favorable, Rules, Calendar, and Operations of the House April 7, 2025 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE DEPOSITIONS OF CERTAIN WITNESSES FOR PRESERVATION OF TESTIMONY IN CRIMINAL ACTIONS, TO PROVIDE ADDITIONAL RIGHTS FOR VICTIMS OF SEXUAL ASSAULT, AND TO MAKE MODIFICATIONS TO THE CONFERENCE OF DISTRICT ATTORNEYS.

Upon the filing of such affidavit, it shall be the dutydutyof of the clerk to appoint some responsible person to take the deposition of such witness, which deposition may be read in the trial of such criminal action under the same rules as now apply by law to depositions in civil actions:

(b) The court shall not order the taking of the witness's testimony unless it appears to the satisfaction of the court that the testimonytestimonyof of the witness is material to the proceeding and at least one of the following apply:

*H771-v-1* General Assembly Of North Carolina Session 2025 (1) The witness is in imminent danger of death or great bodily harm.

*DRH10350-SA-8* General Assembly Of North Carolina Session 2025 (2) The witness has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding.

Noticeofdeposition;presenceofdefendantatexamination;childwitness;witnessNoticeofdeposition;presenceofdefendantatexamination; with an intellectual or developmental disability.

childwitness;witness with an intellectual or developmental disability.

(d) The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, Page 2 DRH10350-SA-8House Bill 771-First Edition General Assembly Of North Carolina Session 2025 produce the defendant at the examination and keep the defendant in the presence of the witness during the examination.

(f) Notwithstanding the provisions of subsections (d) and (e) of this section, a defendant maybe excludedexcludedfromtheplaceofexaminationif, fromtheplaceofexaminationif, after beingbeingwarnedbythe warned by the judgethat disruptive conduct will cause the defendant's removal from the place where the deposition is being taken, the defendant persists in conduct which would justify exclusion from that place.

(g) IftheIf the witness is a child, thecourt mayorder thatthedepositionbethatthedeposition be taken in accordance with G.S.

(b) Whenever a deposition is taken at the request of the State, the cost of the deposition shall be paid bybythe the State in the same manner as any other motion hearing that may appear on the criminal docket.

(a) At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, maymaybe be used if the witness is unavailable.

(a) AnyAnypartyshall party shall have the right to require that the deposition be recorded and preserved by the use of audiovisual equipment in addition to a stenographic record.

The audiovisual recording shall be transmitted to the clerk of the court which ordered the deposition and shall be madeavailablefor viewing and copyingcopyingonlyto onlytheprosecuting totheprosecutingattorneyattorneyand and defendant's attorney prior to trial.

DRH10350-SA-8House Bill 771-First Edition Page 3 General Assembly Of North Carolina Session 2025 "§ 8-74.9.

NothingNothingin in this Part shall precludethetakingof adeposition,orallyoruponadeposition,orallyor upon writtenquestions, or the use of a deposition by agreement of the parties with the consent of the court.

Itis theintentofthetheintentoftheGeneralAssemblythatdepositionsshallbetakenin GeneralAssemblythatdepositionsshallbetakenin criminalproceedings only in exceptional circumstances when it is in the interests of justice that the testimony of a prospective witness be taken and preserved for use at trial.

Any board of aldermen, board of town or county commissioners or any person interested in any proceeding, investigation, hearing or trial before such board, may take the depositions of all persons whose evidence maymaybe be desired for use in said proceeding, investigation, hearinghearingor or trial;

and to do so, the chairman of such board or such person may apply in person or by attorney to the superior court clerk of that county in which such proceeding, investigation, hearing or trial is pending, for a commission to take the same, and said clerk, upon such application, shall issue such commission, or such deposition maymaybe be taken bybya anotarypublic notary public of this State or of anyanyother other state or foreign country without a commission issuing from the court;

and if the person upon whom the notice of the taking of such deposition is to be served is absent from or cannot after due diligence be found within this State, but can be found within the county in whichthedeposition is to betaken,then, andin that case,said noticeshall bepersonallyserved on such person by the commissioner appointed to take such deposition or by the notary taking such deposition, as the case maymaybe; be;

Page 4 DRH10350-SA-8House Bill 771-First Edition General Assembly Of North Carolina Session 2025 (b) Publishing Notice of Rights.

The list required bybythis this subsection shall be in plain language that is easy to understand.

A member should attend each meetingmeetingof of the Conference and the Executive Committee of which he the member is given notice.

The Conference shall employ an Executive Director and any necessary supporting staff to assistitincarryingoutitsduties.TheExecutiveDirectorshallbeanattorneyassistitincarryingoutitsduties.TheExecutiveDirectorshallbeanattorneylicensedand licensedandeligibleeligible to practice in the courts of this State at the time of appointment and at all times during service as the Executive Director." SECTION 3.(c) This section becomes effective July 1, 2025.

DRH10350-SA-8House Bill 771-First Edition Page 5