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NC S418

Bill

Status

Introduced

3/28/2019

Primary Sponsor

Warren Daniel

Click for details

Origin

Senate

2019-2020 Session

AI Summary

  • Prohibits conviction or aggravated sentencing based solely on in-custody informant testimony without independent corroborating evidence that connects the defendant to the offense.

  • Requires courts to conduct pretrial hearings where prosecutors must prove by preponderance of the evidence that in-custody informant testimony is reliable and can overcome a rebuttable presumption of inadmissibility.

  • Mandates prosecutors certify the trustworthiness of in-custody informants and requires victim notification if the informant receives leniency including plea bargains, reduced charges, bail modifications, or sentence reductions.

  • Establishes 17 specific factors for judges to consider when determining reliability, including the informant's criminal history, substance abuse, incentives received, prior recantations, and whether law enforcement intentionally placed the informant.

  • Requires all in-custody informant interviews to be recorded using visual recording devices and prohibits destruction or alteration of recordings until one year after completion of all appeals; becomes effective December 1, 2019 for offenses committed on or after that date.

Legislative Description

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

Last Action

Ref To Com On Rules and Operations of the Senate

4/1/2019

Committee Referrals

Rules and Operations of the Senate4/1/2019

Full Bill Text

No bill text available