North Carolina HB 505: Kayla's Act: Protecting Domestic Violence Victims.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 505

Short Title: Kayla's Act: Protecting Dom. Violence Victims. (Public)
Sponsors: Representatives Lowery, Miller, Pyrtle, and Carson Smith (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
March 26, 2025
*H505-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY LAWS PERTAINING TO DOMESTIC VIOLENCE, TO BE KNOWN 2
AS KAYLA'S ACT: PROTECTING VICTIMS OF DOMESTIC VIOLENCE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) G.S. 8C-1, Rule 804(b), reads as rewritten: 5
"(b) Hearsay exceptions. – The following are not excluded by the hearsay rule if the 6
declarant is unavailable as a witness: 7
... 8
(6) Statement Offered Against a Party That Wrongfully Caused the Declarant's 9
Unavailability. – A statement offered against a party that wrongfully caused, 10
or acquiesced in wrongfully causing, the declarant's unavailability as a witness 11
and did so intending that result." 12
SECTION 1.(b) This section is effective when it becomes law and applies to trials 13
beginning on or after that date. 14
SECTION 2.(a) G.S. 15-1(b) reads as rewritten: 15
"(b) Notwithstanding subsection (a) of this section, the following misdemeanors shall be 16
charged within 10 years of the commission of the crime: 17
... 18
(6) Those that would require a judge to determine the conditions of pretrial release 19
under G.S. 15A-534.1(a)." 20
SECTION 2.(b) This section is effective when it becomes law and applies to acts 21
committed either: 22
(1) On or after that date. 23
(2) Before that date, provided that the statute of limitations for the act did not 24
expire prior to that date. 25
SECTION 3.(a) Article 73 of Chapter 15A of the General Statutes is amended by 26
adding a new section to read: 27
"§ 15A-1225.4. Domestic violence victim witnesses; remote testimony. 28
(a) Definitions: 29
(1) Criminal proceeding. – Any hearing or trial in a prosecution of a person 30
charged with violating a criminal law of this State. 31
(2) Domestic violence. – All cases in which the defendant is charged with assault 32
on, stalking, communicating a threat to, or committing a crime provided in 33
Article 7B, 8, 10, or 15 of Chapter 14 of the General Statutes upon a spouse 34
or former spouse, a person with whom the defendant lives or has lived as if 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 505-First Edition
married, or a person with whom the defendant is or has been in a dating 1
relationship as defined in G.S. 50B-1(b)(6), with domestic criminal trespass, 2
or with violation of an order entered pursuant to Chapter 50B, Domestic 3
Violence, of the General Statutes. 4
(3) Domestic violence victim witness. – An alleged victim in a criminal 5
proceeding involving a crime of domestic violence. 6
(4) Remote testimony. – A method by which a domestic violence victim witness 7
testifies in a criminal proceeding outside of the physical presence of the 8
defendant. 9
(b) Remote Testimony Authorized. – In a criminal proceeding, a domestic violence 10
victim witness who has been found competent to testify may testify, under oath or affirmation, 11
other than in an open forum if either of the following circumstances occurs: 12
(1) The defendant does not object pursuant to subsection (c) of this section. 13
(2) The court determines that remote testimony is appropriate pursuant to 14
subsection (d) of this section. 15
(c) Notice and Waiver. – In any criminal proceeding, the testimony of a domestic 16
violence victim witness shall be permitted by remote testimony if each of the following 17
circumstances occurs: 18
(1) The State notifies the attorney of record for the defendant, or the defendant if 19
that person has no attorney, at least 15 business days before the proceeding at 20
which the remote testimony would be used of its intention to allow the 21
domestic violence victim witness to testify remotely. 22
(2) The defendant's attorney of record, or the defendant if that person has no 23
attorney, fails to file a written objection with the court, with a copy to the 24
State, at least five business days before the proceeding at which the remote 25
testimony will be used that the defendant objects to the domestic violence 26
victim witness testifying remotely. 27
If the defendant's attorney of record, or the defendant if that person has no attorney, fails to 28
file a written objection as provided in this subsection, then the objection shall be deemed waived 29
and the domestic violence victim witness shall be allowed to testify remotely pursuant to the 30
standards set forth in subsection (g) of this section. 31
The court shall make written findings of any waiver under this subsection, including at a 32
minimum the date and manner of notice provided pursuant to subdivision (1) of this subsection 33
and the judicial determinatio