AN ACT to modify laws pertaining to domestic violence, to be known as kayla's act: protecting victims of domestic violence.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 8C‑1, Rule 804(b), reads as rewritten:

(b)      Hearsay exceptions. – The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:

…

(6)        Statement Offered Against a Party That Wrongfully Caused the Declarant's Unavailability. – A statement offered against a party that wrongfully caused, or acquiesced in wrongfully causing, the declarant's unavailability as a witness 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.

SECTION 2.(a)  G.S. 15‑1(b) reads as rewritten:

(b)      Notwithstanding subsection (a) of this section, the following misdemeanors shall be charged within 10 years of the commission of the crime:

…

(6)        Those that would require a judge to determine the conditions of pretrial release under G.S. 15A‑534.1(a).

SECTION 2.(b)  This section is effective when it becomes law and applies to acts committed either:

(1)        On or after that date.

(2)        Before that date, provided that the statute of limitations for the act did not expire prior to that date.

SECTION 3.(a)  Article 73 of Chapter 15A of the General Statutes is amended by adding a new section to read:

§ 15A‑1225.4.  Domestic violence victim witnesses; remote testimony.

(a)        Definitions:

(1)        Criminal proceeding. – Any hearing or trial in a prosecution of a person charged with violating a criminal law of this State.

(2)        Domestic violence. – 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 relationship as defined in G.S. 50B‑1(b)(6), with domestic criminal trespass, or with violation of an order entered pursuant to Chapter 50B, Domestic Violence, of the General Statutes.

(3)        Domestic violence victim witness. – An alleged victim in a criminal proceeding involving a crime of domestic violence.

(4)        Remote testimony. – A method by which a domestic violence victim witness testifies in a criminal proceeding outside of the physical presence of the defendant.

(b)        Remote Testimony Authorized. – In a criminal proceeding, a domestic violence victim witness who has been found competent to testify may testify, under oath or affirmation, other than in an open forum if either of the following circumstances occurs:

(1)        The defendant does not object pursuant to subsection (c) of this section.

(2)        The court determines that remote testimony is appropriate pursuant to subsection (d) of this section.

(c)        Notice and Waiver. – In any criminal proceeding, the testimony of a domestic violence victim witness shall be permitted by remote testimony if each of the following circumstances occurs:

(1)        The State notifies the attorney of record for the defendant, or the defendant if that person has no attorney, at least 15 business days before the proceeding at which the remote testimony would be used of its intention to allow the domestic violence victim witness to testify remotely.

(2)        The defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection with the court, with a copy to the State, at least five business days before the proceeding at which the remote testimony will be used that the defendant objects to the domestic violence victim witness testifying remotely.

If the defendant's attorney of record, or the defendant if that person has no attorney, fails to file a written objection as provided in this subsection, then the objection shall be deemed waived and the domestic violence victim witness shall be allowed to testify remotely pursuant to the standards set forth in subsection (g) of this section.

The court shall make written findings of any waiver under this subsection, including at a minimum the date and manner of notice provided pursuant to subdivision (1) of this subsection and the judicial determination that the defendant or the defendant's attorney, whichever is applicable, failed to timely object pursuant to subdivision (2) of this subsection.

(d)       Authorized by Court Over Objection. – 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:

(1)        That the domestic violence victim witness would suffer serious emotional distress, not by the open forum in general, but by testifying in the defendant's presence.

(2)        That the domestic violence victim's ability to communicate with the trier of fact would be impaired.

(e)        Hearing Procedure. – 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. Hearings in the superior court division shall be recorded. The presence of the domestic violence victim witness is not required at the hearing unless ordered by the presiding judge.

(f)        Order. – An order allowing or disallowing the use of remote testimony pursuant to subsection (e) of this section shall state the findings of fact and conclusions of law that support the court's determination. An order allowing the use of remote testimony shall at a minimum do each of the following:

(1)        State the method by which the domestic violence victim witness is to testify.

(2)        List any individual or category of individuals allowed to be in, or required to be excluded from, the presence of the domestic violence victim witness during the testimony.

(3)        State any special conditions necessary to facilitate the cross‑examination of the domestic violence victim witness.

(4)        State any condition or limitation upon the participation of individuals in the domestic violence victim witness's presence during the witness's testimony.

(5)        State any other condition necessary for taking or presenting the testimony.

(g)        Remote Testimony. – The method used for remote testimony permitted under this section shall do each of the following:

(1)        Allow the judge, jury, and defendant to observe the demeanor of the domestic violence victim witness as the witness testifies in a similar manner as if the witness were in the open forum.

(2)        Allow the judge, jury, defendant, and domestic violence victim witness to see and hear one another in real time.

The court shall ensure that the defense counsel, except a pro se defendant, is physically present where the domestic violence victim witness testifies, has a full and fair opportunity for cross‑examination of the domestic violence victim witness, and has the ability to communicate privately with the defendant during the remote testimony. If the defendant is an attorney pro se, the court shall ensure that the defendant has a full and fair opportunity for cross‑examination of the domestic violence victim witness. Nothing in this section shall be construed to limit the provisions of G.S. 15A‑1225.

(h)        Nonexclusive Procedure and Standard. – Nothing in this section shall:

(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.

(2)        Be construed to require a court, in noncriminal proceedings, to apply the standard set forth in subsection (g) of this section or to deviate from a standard or standards authorized by statute, common law, or rule for allowing the use of remote testimony in noncriminal proceedings.

SECTION 3.(b)  G.S. 7A‑49.6(i) reads as rewritten:

(i)       This section is not intended to limit the court's authority to receive remote testimony pursuant to statutes that otherwise permit it, including G.S. 15A‑1225.1, 15A‑1225.2, 15A‑1225.3, 15A‑1225.4, 20‑139.1, 8C‑1, Rule 616, 50A‑111, and 52C‑3‑315(f).

SECTION 3.(c)  This section is effective when it becomes law and applies to testimony provided on or after that date.

SECTION 4.(a)  Chapter 50B of the General Statutes is amended by adding a new section to read:

§ 50B‑10.  Recording required.

All district court trials and proceedings held pursuant to this Chapter, whether before a judge or magistrate, shall be recorded in a manner that memorializes the audio and visual participation of each party to the trial or proceeding.

SECTION 4.(b)  This section becomes effective December 1, 2023, and applies to trials or proceedings occurring on or after that date.

SECTION 5.  Except as otherwise provided, this act is effective when it becomes law.