Kayla's Act: Protecting Dom. Violence Victims.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 792

Short Title: Kayla's Act: Protecting Dom. Violence Victims. (Public)
Sponsors: Senator Bradley (Primary Sponsor).
Referred to: Rules and Operations of the Senate
April 22, 2026
*S792-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
married, or a person with whom the defendant is or has been in a dating 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 792-First Edition
relationship as defined in G.S. 50B-1(b)(6), with domestic criminal trespass, 1
or with violation of an order entered pursuant to Chapter 50B, Domestic 2
Violence, of the General Statutes. 3
(3) Domestic violence victim witness . – An alleged victim in a criminal 4
proceeding involving a crime of domestic violence. 5
(4) Remote testimony. – A method by which a domestic violence victim witness 6
testifies in a criminal proceeding outside of the physical presence of the 7
defendant. 8
(b) Remote Testimony Authorized. – In a criminal proceeding, a domestic violence 9
victim witness who has been found competent to testify may testify, under oath or affirmation, 10
other than in an open forum if either of the following circumstances occurs: 11
(1) The defendant does not object pursuant to subsection (c) of this section. 12
(2) The court determines that remote testimony is appropriate pursuant to 13
subsection (d) of this section. 14
(c) Notice and Waiver. – In any criminal proceeding, the testimony of a domestic 15
violence victim witness shall be permitted by remote testimony if each of the following 16
circumstances occurs: 17
(1) The State notifies the attorney of record for the defendant, or the defendant if 18
that person has no attorney, at least 15 business days before the proceeding at 19
which the remote testimony would be used of its intention to allow the 20
domestic violence victim witness to testify remotely. 21
(2) The defendant 's attorney of record, or the defendant if that person has no 22
attorney, fails to file a written objection with the court, with a copy to the 23
State, at least five business days before the proceeding at which the remote 24
testimony will be used that the defendant objects to the domestic violence 25
victim witness testifying remotely. 26
If the defendant's attorney of record, or the defendant if that person has no attorney, fails to 27
file a written objection as provided in this subsection, then the objection shall be deemed waived 28
and the domestic violence vic tim witness shall be allowed to testify remotely pursuant to the 29
standards set forth in subsection (g) of this section. 30
The court shall make written findings of any waiver under this subsection, including , at a 31
minimum, the date and manner of notice provided pursuant to subdivision (1) of this subsection 32
and the judicial determination that the defendant or the defendant 's attorney , whichever is 33
applicable, failed to timely object pursuant to subdivision (2) of this subsection. 34
(d) Authorized by Court Over O bjection. – If a defendant 's attorney of record, or the 35
defendant, objects to remote testimony as provided for in subsection (c) of this section, the court 36
may authorize remote testimony over the objection if the court determines each of the following: 37
(1) That the domestic violence victim witness would suffer serious emotional 38
distress, not by the open forum in general, but by testifying in the defendant's 39
presence. 40
(2) That the domestic violence victim witness's ability to communicate with the 41
trier of fact would be impaired. 42
(e) Hearing Procedure. – Upon motion of a party or the court's own motion, and for good 43
cause shown, the court shall hold a separate evidentiary hearing on a date prior to the proceeding 44
at which the remote testimony is proposed to be allowed to determine whether to allow remote 45
testimony. Hearings in the superior court division shall be recorded. The presence of the domestic 46
violence victim witness is not required at the hearing unless ordered by the presiding judge. 47
(f) Order. – An order allowing or disallowing the use of remote testimony pursuant to 48
subsection (e) of this section shall state the findings of fact and conclusions of l aw that support 49
the court's determination. An order allowing the use of remote testimony shall, at a minimum, do 50
each of the following: 51
General Assembly Of North Carolina Session 2025
Senate Bill 792-First Edition Page 3
(1) State the method by which the domestic violence victim witness is to testify. 1
(2) List any individual or category of individuals allowed to be in, or required to 2
be excluded from, the presence of the domestic violence victim witness during 3
the testimony. 4
(3) State any special conditions necessary to facilitate the cross -examination of 5
the domestic violence victim witness. 6
(4) State any condition or limitation upon the participation of individuals in the 7
domestic violence victim witness's presence during the witness's testimony. 8
(5) State any other condition necessary for taking or presenting the testimony. 9
(g) Remote Testimony. – The method used for remote testimony permitted under this 10
section shall do each of the following: 11
(1) Allow the judge, jury, and defendant to observe the demeanor of the domestic 12
violence victim witness as the witness testifies in a similar manner as if the 13
witness were in the open forum. 14
(2) Allow the judge, jury, defendant, and domestic violence victim witness to see 15
and hear one another in real time. 16
The court shall ensure that the physical location where the domestic violence victim witness 17
testifies has been mutually agreed to by both the defendant and the State or approved by the court. 18
The court shall ensure that both the defendant and the State shall be allowed to have at least two 19
representatives approved by the court, in addition to the prosecutor and defense counsel, present 20
at the location where the domestic violence victim witness is testifying. The court shall ensure 21
that the defense counsel, except a pro se defendant, is physically present where the domestic 22
violence victim witness testifies, has a full and fair opportunity for cross -examination of the 23
domestic violence victim witness, and has t he ability to communicate privately with the 24
defendant during the remote testimony. If the defendant is an attorney pro se, the court shall 25
ensure that the defendant has a full and fair opportunity for cross -examination of the domestic 26
violence victim witn ess. Nothing in this section shall be construed to limit the provisions of 27
G.S. 15A-1225. 28
(h) Nonexclusive Procedure and Standard. – Nothing in this section shall: 29
(1) Prohibit the use or application of any other method or procedure authorized or 30
required by statute, common law, or rule for the introduction into evidence of 31
the statements or testimony of a domestic violence victim witness in a criminal 32
or noncriminal proceeding. 33
(2) Be construed to require a court, in noncriminal proceedings, to apply the 34
standard set forth in subsection (g) of this section or to deviate from a standard 35
or standards authorized by statute, common law, or rule for allowing the use 36
of remote testimony in noncriminal proceedings." 37
SECTION 3.(b) G.S. 7A-49.6(i) reads as rewritten: 38
"(i) This section is not intended to limit the court's authority to receive remote testimony 39
pursuant to statutes that otherwise permit it, including G.S. 15A-1225.1, 15A -1225.2, 40
15A-1225.3, 15A-1225.4, 20-139.1, 8C-1, Rule 616, 50A-111, and 52C-3-315(f)." 41
SECTION 3.(c) This section is effective when it becomes law and applies to 42
testimony provided on or after that date. 43
SECTION 4. There is appropriated from the Gen eral Fund to the Administrative 44
Office of the Courts the sum of two million dollars ($2,000,000) in nonrecurring funds for the 45
2026-2027 fiscal year to be used in implementing the requirements of this act and conducting a 46
public awareness campaign regarding expanded protections under this act. 47
SECTION 5. Except as otherwise provided, this act is effective when it becomes 48
law. 49