North Carolina HB 771: Criminal Law Procedures.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 771

Short Title: Criminal Law Procedures. (Public)
Sponsors: Representative Stevens.
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
April 7, 2025
*H771-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE DEPOSITIONS OF CERTAIN WITNESSES FOR 2
PRESERVATION OF TESTIMONY IN CRIMINAL ACTIONS, TO PROVIDE 3
ADDITIONAL RIGHTS FOR VICTIMS OF SEXUAL ASSAULT, AND TO MAKE 4
MODIFICATIONS TO THE CONFERENCE OF DISTRICT ATTORNEYS. 5
The General Assembly of North Carolina enacts: 6
7
DEPOSITIONS OF CERTAIN WITNESSES IN CRIMINAL ACTIONS 8
SECTION 1.(a) Article 10 of Chapter 8 of the General Statutes reads as rewritten: 9
"Article 10. 10
"Depositions. 11
"Part 1. Depositions in Criminal Actions. 12
... 13
"§ 8-74. Depositions for defendant in criminal actions. 14
In all criminal actions, hearings and investigations it shall be lawful for the defendant in any 15
such action to make affidavit before the clerk of the superior court of the county in which said 16
action is pending, that it is important for the defense that he have the testimony of any person, 17
whose name must be given, and that such person is so infirm, or otherwise physically 18
incapacitated, or nonresident of this State, that he cannot procure his attendance at the trial or 19
hearing of said cause. Upon the filing of such affidavit, it shall be the duty of the clerk to appoint 20
some responsible person to take the deposition of such witness, which deposition may be read in 21
the trial of such criminal action under the same rules as now apply by law to depositions in civil 22
actions: provided, that the district attorney or prosecuting attorney of the district, county or town 23
in which such action is pending have 10 days' notice of the taking of such deposition, who may 24
appear in person or by representative to conduct the cross-examination of such witness. 25
"§ 8-74.1. When deposition to preserve testimony in criminal proceedings may be taken by 26
the State. 27
(a) At any time after a defendant has been charged with an offense against the laws of 28
this State or an ordinance of any political subdivision or authority thereof, upon motion of the 29
State, the court having jurisdiction to try the offense charged may, after notice to the defendant, 30
order that the testimony of a prospective material witness be taken by deposition and that any 31
designated evidence not privileged be produced at the same time and place. 32
(b) The court shall not order the taking of the witness's testimony unless it appears to the 33
satisfaction of the court that the testimony of the witness is material to the proceeding and at least 34
one of the following apply: 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 771-First Edition
(1) The witness is in imminent danger of death or great bodily harm. 1
(2) The witness has been threatened with death or great bodily harm because of 2
the witness's status as a potential witness in a criminal trial or proceeding. 3
(3) The witness is about to leave this State and there are reasonable grounds to 4
believe that the witness will be unable to attend a criminal trial or proceeding. 5
(4) The witness is so sick or infirm as to create reasonable grounds to believe that 6
the witness will be unable to testify at a criminal trial or proceeding. 7
(5) The witness is being detained as a material witness and there are reasonable 8
grounds to believe that the witness will flee if released from detention. 9
(6) The witness is 65 years of age or older. 10
(c) A motion to take a deposition of a material witness shall be verified and shall state all 11
of the following: 12
(1) The nature of the offense charged. 13
(2) The status of the criminal proceedings. 14
(3) The name or initials of the witness unless, for good cause shown, the court 15
allows an exception to this subdivision. 16
(4) That the testimony of the witness is material to the proceeding. 17
(5) The provision of subsection (b) of this section that is the basis for taking the 18
deposition. 19
(d) A motion to take a deposition shall be filed in the court having jurisdiction to try the 20
defendant for the offense charged; provided, however, that if the defendant is charged with 21
multiple offenses, only the court having jurisdiction to try the most serious charge against the 22
defendant shall have jurisdiction to hear and decide the motion to take a deposition. 23
(e) When the State moves for an order pursuant to this section, it shall give not less than 24
10 days' notice of the hearing to the defendant. A copy of the motion shall be served upon the 25
defendant pursuant to the rules set forth in G.S. 15A-951. A copy of the notice shall be attached 26
to the motion and filed with the clerk of court. 27
(f) If the court is satisfied that the examination of the witness i