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NC S241
Bill
AI Summary
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Requires mandatory Level One sentencing for DWI offenses when a child under 18, a person with mental development of a child under 18, or a person with a physical disability preventing unaided vehicle exit was in the vehicle at time of offense.
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Expands electronic recording requirements for custodial interrogations from homicide investigations only to include all juvenile interrogations and investigations involving Class A, B1, B2 felonies, and Class C felonies of rape, sex offense, or assault with deadly weapon with intent to kill inflicting serious injury.
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Allows visual and audio recordings to be made simultaneously when reasonably feasible, though failure to do so cannot be grounds for evidence suppression.
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Permits statements to be questioned regarding voluntariness and reliability if a custodial interrogation was not electronically recorded in its entirety, unless the state proves by clear and convincing evidence the statement was voluntary and reliable with good cause for the failure.
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Takes effect December 1, 2011 and applies to offenses committed on or after that date.
Legislative Description
DWI/Custodial Interrogation Amendments
Last Action
Ch. SL 2011-329
6/27/2011