Kayla's Act: Protecting Dom. Violence Victims.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 505

Short Title: Kayla's Act: Protecting Dom. Violence Victims. (Public)
Sponsors: Representatives Lowery, Miller, Pyrtle, and Carson Smith (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
March 26, 2025
*H505-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY LAWS PERTAINING TO DOMESTIC VIOLENCE, TO BE KNOWN 2
AS KAYLA'S ACT: PROTECTING VICTIMS OF DOMESTIC VIOLENCE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) G.S. 8C-1, Rule 804(b), reads as rewritten: 5
"(b) Hearsay exceptions. – The following are not excluded by the hearsay rule if the 6
declarant is unavailable as a witness: 7
… 8
(6) Statement Offered Against a Party That Wrongfully Caused the Declarant 's 9
Unavailability. – A statement offered against a party that wrongfully caused, 10
or acquiesced in wrongfully causing, the declarant's unavailability as a witness 11
and did so intending that result." 12
SECTION 1.(b) This section is effective when it becomes law and applies to trials 13
beginning on or after that date. 14
SECTION 2.(a) G.S. 15-1(b) reads as rewritten: 15
"(b) Notwithstanding subsection (a) of this section, the following misdemeanors shall be 16
charged within 10 years of the commission of the crime: 17
… 18
(6) Those that would require a judge to determine the conditions of pretrial release 19
under G.S. 15A-534.1(a)." 20
SECTION 2.(b) This section is effective when it becomes law and applies to acts 21
committed either: 22
(1) On or after that date. 23
(2) Before that date, provided that the statute of limitations for the act did not 24
expire prior to that date. 25
SECTION 3.(a) Article 73 of Chapter 15A of the General Statutes is amended by 26
adding a new section to read: 27
"§ 15A-1225.4. Domestic violence victim witnesses; remote testimony. 28
(a) Definitions: 29
(1) Criminal proceeding. – Any hearing or trial in a prosecution of a person 30
charged with violating a criminal law of this State. 31
(2) Domestic violence. – All cases in which the defendant is charged with assault 32
on, stalking, communicating a threat to, or committing a crime provided in 33
Article 7B, 8, 10, or 15 of Chapter 14 of the General Statutes upon a spouse 34
or former spouse, a person with whom the defendant lives or has lived as if 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 505-First Edition
married, or a person with whom the defendant is or has been in a dating 1
relationship as defined in G.S. 50B-1(b)(6), with domestic criminal trespass, 2
or with violation of an order entered pursuant to Chapter 50B, Domestic 3
Violence, of the General Statutes. 4
(3) Domestic violence victim witness . – An alleged victim in a criminal 5
proceeding involving a crime of domestic violence. 6
(4) Remote testimony. – A method by which a domestic violence victim witness 7
testifies in a criminal proceeding outside of the physical presence of the 8
defendant. 9
(b) Remote Testimony Authorized. – In a criminal proceeding, a domestic violence 10
victim witness who has been found competent to testify may testify, under oath or affirmation, 11
other than in an open forum if either of the following circumstances occurs: 12
(1) The defendant does not object pursuant to subsection (c) of this section. 13
(2) The court determines that remote testimony is appropriate pursuant to 14
subsection (d) of this section. 15
(c) Notice and Waiver. – In any criminal proceeding, the testimony of a domestic 16
violence victim witness shall be permitted by remote testimony if each of the following 17
circumstances occurs: 18
(1) The State notifies the attorney of record for the defendant, or the defendant if 19
that person has no attorney, at least 15 business days before the proceeding at 20
which the remote testimony would be used of its intention to allow the 21
domestic violence victim witness to testify remotely. 22
(2) The defendant 's attorney of record, or the defendant if that person has no 23
attorney, fails to file a written objection with the court, with a copy to the 24
State, at least five business days before the proceeding at which the remote 25
testimony will be used that the defendant objects to the domestic violence 26
victim witness testifying remotely. 27
If the defendant's attorney of record, or the defendant if that person has no attorney, fails to 28
file a written objection as provided in this subsection, then the objection shall be deemed waived 29
and the domestic violence vic tim witness shall be allowed to testify remotely pursuant to the 30
standards set forth in subsection (g) of this section. 31
The court shall make written findings of any waiver under this subsection, including at a 32
minimum the date and manner of notice provided pursuant to subdivision (1) of this subsection 33
and the judicial determination that the defendant or the defendant 's attorney , whichever is 34
applicable, failed to timely object pursuant to subdivision (2) of this subsection. 35
(d) Authorized by Court Over O bjection. – If a defendant 's attorney of record, or the 36
defendant, objects to remote testimony as provided for in subsection (c) of this section, the court 37
may authorize remote testimony over the objection if the court determines each of the following: 38
(1) That the domestic violence victim witness would suffer serious emotional 39
distress, not by the open forum in general, but by testifying in the defendant's 40
presence. 41
(2) That the domestic violence victim 's ability to communicate with the trier of 42
fact would be impaired. 43
(e) Hearing Procedure. – Upon motion of a party or the court's own motion, and for good 44
cause shown, the court shall hold a separate evidentiary hearing on a date prior to the proceeding 45
at which the remote testimony is proposed to be allowed to determine whether to allow remote 46
testimony. Hearings in the superior court division shall be recorded. The presence of the domestic 47
violence victim witness is not required at the hearing unless ordered by the presiding judge. 48
(f) Order. – An order allowing or disallowing the use of remote testimony pursuant to 49
subsection (e) of this section shall state the findings of fact and conclusions of law that support 50
General Assembly Of North Carolina Session 2025
House Bill 505-First Edition Page 3
the court's determination. An order allowing the use of remote testimony shall at a minimum do 1
each of the following: 2
(1) State the method by which the domestic violence victim witness is to testify. 3
(2) List any individual or category of individuals allowed to be in, or required to 4
be excluded from, the presence of the domestic violence victim witness during 5
the testimony. 6
(3) State any special conditions necessary to facilitate the cross -examination of 7
the domestic violence victim witness. 8
(4) State any condition or limitation upon the part icipation of individuals in the 9
domestic violence victim witness's presence during the witness's testimony. 10
(5) State any other condition necessary for taking or presenting the testimony. 11
(g) Remote Testimony. – The method used for remote testimony permitted under this 12
section shall do each of the following: 13
(1) Allow the judge, jury, and defendant to observe the demeanor of the domestic 14
violence victim witness as the witness testifies in a similar manner as if the 15
witness were in the open forum. 16
(2) Allow the judge, jury, defendant, and domestic violence victim witness to see 17
and hear one another in real time. 18
The court shall ensure that the physical location where the domestic violence victim witness 19
testifies has been mutually agreed to by both the defendant and the State or approved by the court. 20
The court shall ensure that both the defendant and the State shall be allowed to have at least two 21
representatives approved by the court, in addition to the prosecutor and defense counsel, present 22
at the location where the domestic violence victim witness is testifying. The court shall ensure 23
that the defense counsel, except a pro se defendant, is physically present where the domestic 24
violence victim witness testifies, has a full and fair o pportunity for cross -examination of the 25
domestic violence victim witness, and has the ability to communicate privately with the 26
defendant during the remote testimony. If the defendant is an attorney pro se, the court shall 27
ensure that the defendant has a f ull and fair opportunity for cross -examination of the domestic 28
violence victim witness. Nothing in this section shall be construed to limit the provisions of 29
G.S. 15A-1225. 30
(h) Nonexclusive Procedure and Standard. – Nothing in this section shall: 31
(1) Prohibit the use or application of any other method or procedure authorized or 32
required by statute, common law, or rule for the introduction into evidence of 33
the statements or testimony of a domestic violence victim in a criminal or 34
noncriminal proceeding. 35
(2) Be construed to require a court, in noncriminal proceedings, to apply the 36
standard set forth in subsection (g) of this section or to deviate from a standard 37
or standards authorized by statute, common law, or rule for allowing the use 38
of remote testimony in noncriminal proceedings." 39
SECTION 3.(b) G.S. 7A-49.6(i) reads as rewritten: 40
"(i) This section is not intended to limit the court's authority to receive remote testimony 41
pursuant to statutes that otherwise permit it, including G.S. 15A-1225.1, 15A -1225.2, 42
15A-1225.3, 15A-1225.4, 20-139.1, 8C-1, Rule 616, 50A-111, and 52C-3-315(f)." 43
SECTION 3.(c) This section is effective when it becomes law and applies to 44
testimony provided on or after that date. 45
SECTION 4. Except as otherwise provided, this act is effective when it becomes 46
law. 47