House Bill 39 Summary

• Adds a hearsay exception allowing statements offered against a party who wrongfully caused a witness's unavailability to be admitted in court proceedings.

• Extends the statute of limitations for certain misdemeanors to 10 years, including those requiring a judge to determine pretrial release conditions under G.S. 15A-534.1(a).

• Authorizes domestic violence victim witnesses to testify remotely outside the defendant's physical presence if the defendant does not object (with 15 business days' notice and 5 business days to file objection) or if the court finds the victim would suffer serious emotional distress or impaired communication ability by testifying in the defendant's presence.

• Requires remote testimony methods to allow the judge, jury, and defendant to observe the witness's demeanor in real time and ensures defense counsel has full cross-examination opportunity and private communication with the defendant.

• Mandates all district court trials and proceedings under Chapter 50B (Domestic Violence) be recorded to memorialize audio and visual participation of each party, effective December 1, 2023.