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NC H700

Bill

Status

Introduced

4/14/2015

Primary Sponsor

Leo Daughtry

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Requires courts to hold pretrial hearings to determine whether testimony from in-custody informants is reliable enough to overcome a rebuttable presumption of inadmissibility before trial.

  • Prohibits conviction based solely on in-custody informant testimony unless corroborated by independent evidence that connects the defendant to the offense; corroboration by another in-custody informant is not permitted.

  • Establishes 17 specific factors for judges to consider when evaluating informant reliability, including inducements offered, criminal history, substance abuse, prior recantations, and whether law enforcement intentionally placed the informant.

  • Mandates that district attorneys establish policies and procedures for recording in-custody informant interviews using visual recording devices and maintain centralized files of all informant contacts.

  • Requires all electronic recordings of in-custody informant interviews to be preserved for one year after completion of all state and federal appeals before destruction or modification is permitted.

Legislative Description

The I. Beverly Lake, Jr., Fair Trial Act

Last Action

Ref To Com On Judiciary I

4/15/2015

Committee Referrals

Judiciary I4/15/2015

Full Bill Text

No bill text available