North Carolina SB 792: UI Modifications/Increase Benefits/Funds.
Status: Passed 1st Reading (as of 2020-05-18)
State: North Carolina · Session: 2019 · Bill: SB 792
Subjects: APPROPRIATIONS, BUDGETING, COMMERCE, COMMERCE DEPT., COMMISSIONS, GENERAL ASSEMBLY, INSURANCE, INSURANCE, UNEMPLOYMENT, LEGISLATIVE RESEARCH COMN., PUBLIC, REPORTS, STUDIES, TAXATION, UNEMPLOYMENT
Sponsors: Nickel, Chaudhuri, J. Jackson, Marcus, Mohammed, Murdock, Van Duyn, deViere
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 792 Short Title: Kayla's Act: Protecting Dom. Violence Victims. (Public) Sponsors: Senator Bradley (Primary Sponsor). Referred to: Rules and Operations of the Senate April 22, 2026 *S792-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 married, or a person with whom the defendant is or has been in a dating 36 General Assembly Of North Carolina Session 2025 Page 2 Senate Bill 792-First Edition relationship as defined in G.S. 50B-1(b)(6), with domestic criminal trespass, 1 or with violation of an order entered pursuant to Chapter 50B, Domestic 2 Violence, of the General Statutes. 3 (3) Domestic violence victim witness. – An alleged victim in a criminal 4 proceeding involving a crime of domestic violence. 5 (4) Remote testimony. – A method by which a domestic violence victim witness 6 testifies in a criminal proceeding outside of the physical presence of the 7 defendant. 8 (b) Remote Testimony Authorized. – In a criminal proceeding, a domestic violence 9 victim witness who has been found competent to testify may testify, under oath or affirmation, 10 other than in an open forum if either of the following circumstances occurs: 11 (1) The defendant does not object pursuant to subsection (c) of this section. 12 (2) The court determines that remote testimony is appropriate pursuant to 13 subsection (d) of this section. 14 (c) Notice and Waiver. – In any criminal proceeding, the testimony of a domestic 15 violence victim witness shall be permitted by remote testimony if each of the following 16 circumstances occurs: 17 (1) The State notifies the attorney of record for the defendant, or the defendant if 18 that person has no attorney, at least 15 business days before the proceeding at 19 which the remote testimony would be used of its intention to allow the 20 domestic violence victim witness to testify remotely. 21 (2) The defendant's attorney of record, or the defendant if that person has no 22 attorney, fails to file a written objection with the court, with a copy to the 23 State, at least five business days before the proceeding at which the remote 24 testimony will be used that the defendant objects to the domestic violence 25 victim witness testifying remotely. 26 If the defendant's attorney of record, or the defendant if that person has no attorney, fails to 27 file a written objection as provided in this subsection, then the objection shall be deemed waived 28 and the domestic violence victim witness shall be allowed to testify remotely pursuant to the 29 standards set forth in subsection (g) of this section. 30 The court shall make written findings of any waiver under this subsection, including, at a 31 minimum, the date and manner of notice provided pursuant to subdivision (1) of this subsection 32 and the judicial determination that the defendant or the defendant's attorney, whichever is 33 applicable, failed to timely object pursuant to subdivision (2) of this subsection. 34 (d) Author
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