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NC S241

Bill

Status

Passed

6/27/2011

Primary Sponsor

Austin Allran

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • 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.

  • 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.

  • Allows visual and audio recordings to be made simultaneously when reasonably feasible, though failure to do so cannot be grounds for evidence suppression.

  • 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.

  • 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

Committee Referrals

Judiciary Subcommittee B4/7/2011
Judiciary II3/8/2011

Full Bill Text

No bill text available