SB 634, "Kayla's Act: Protecting Domestic Violence Victims," allows domestic violence victims to testify remotely in court to reduce trauma from facing their abuser. It directly affects victims in criminal cases involving domestic violence (as defined under North Carolina law), including assault, stalking, or violations of protection orders. The bill requires prosecutors to notify the defense 15 business days before remote testimony, with the defense needing to object in writing 5 days prior to prevent it. If the defense objects, a judge may still allow remote testimony if the victim would suffer serious emotional distress from testifying in person or if their communication would be impaired. The law also sets specific standards for how remote testimony must be conducted, including real-time audio/video and safeguards for cross-examination.
HB 505, "Kayla's Act: Protecting Domestic Violence Victims," allows domestic violence victim witnesses in North Carolina criminal cases to testify remotely (via video or similar technology) instead of in person during trials. This directly affects victims, prosecutors, defense attorneys, and courts in domestic violence cases involving crimes like assault or stalking under Chapter 14 of state law. The bill requires prosecutors to notify defendants 15 business days in advance of remote testimony, with defendants having 5 days to object in writing; if no objection is filed, remote testimony is permitted. If a defendant objects, a judge may still allow remote testimony only if the victim would suffer serious emotional distress from testifying in the defendant's presence or if their ability to communicate with the court would be impaired, with strict court oversight to ensure fair cross-examination.
SB 676, the North Carolina Survivors' Act, allows courts to consider a defendant's history of domestic violence, physical, sexual, or psychological abuse as a factor that may lead to a reduced sentence. It applies to people convicted of certain crimes who were survivors of abuse by intimate partners, family members, household members, traffickers, or those who exploited them financially. To qualify, defendants must provide documented evidence (like court records, medical reports, or witness statements) showing the abuse was a substantial factor in causing the offense. The bill reduces specific sentence ranges (e.g., life without parole to 30 years or less) but excludes cases involving sex offenses, crimes against children, or offenses requiring sex offender registration.
SB 721 requires North Carolina judges to issue a criminal summons instead of an arrest warrant for criminal charges filed by non-law enforcement individuals (like regular citizens), unless the charge involves domestic violence. Exceptions allow warrants if police confirm the facts, if police investigation would burden the complainant, or if other specified conditions exist. This law directly affects citizens who file criminal charges and changes how such cases are processed. It takes effect October 1, 2025, for all charges filed on or after that date.
HB 206 modifies North Carolina's process for handling firearms surrendered under domestic violence protective orders. It requires defendants to immediately surrender firearms, ammunition, and permits to the sheriff when such orders are issued, with a 24-hour deadline if immediate surrender isn't possible. The bill clarifies that sheriffs must store these items, may charge reasonable storage fees, and must conduct criminal background checks before returning firearms after the order ends. This directly affects domestic violence defendants, victims, and sheriffs managing firearm storage and retrieval.
HB 308 reclassifies strangulation as a Class H felony (up from Class G) and clarifies "serious bodily injury" to include permanent disfigurement or prolonged hospitalization. It clarifies that certain domestic violence misdemeanors cannot be treated as lesser offenses under related statutes and creates a new "habitual misdemeanor assault" offense for repeat offenders involving domestic violence. The bill prohibits expunging criminal records for individuals with pending charges and requires judges to review criminal history when setting pretrial release conditions in domestic violence cases. Judges must also impose specific conditions like staying away from victims' homes or abstaining from alcohol for those charged under domestic violence laws.
