Section 1.

Adds Part 1 “Depositions in Criminal Actions” to Article 10 of GS Chapter 8, consisting of existing GS 8-74 through new GS 8-74.1 to 8-74.10, as follows. Authorizes, in GS 8-74.1 for depositions through court order of a material witness to be taken by the State, upon successful motion by the State and notice to the defendant. Allows for court deposition orders to include production of evidence not privileged. Instructs a court not to order the deposition unless it appears to the court that the testimony of the witness is material and at least one of six factors apply, including the witness is in imminent danger of death or great bodily harm. Provides for content for the motion, court with jurisdiction over the motion, contents of court order, designation of a judge to preside over the deposition upon motion of either party, and for the court to hear the motion ex parte if the defendant fails to appear unless it determines that the defendant’s absence was not willful and should be excused for good cause. Provides for notices of deposition to the defendant in GS 8-74.2, along with their right to be present at the deposition. Provides for procedures for when the witness to be deposed is a child or an individual with an intellectual or developmental disability. Requires the defendant to have counsel at any such deposition, unless the defendant elects to proceed without counsel. Requires the State to pay for costs of the deposition. Instructs that the deposition be taken as a trial deposition if a judge is presiding over the proceeding. Requires that the State or the defendant make available to each other, for examination and use at the deposition, any statement of the witness being deposed which is in the possession of the State or the defendant and which would be required to be made available if the witness were testifying at the trial. Specifies that the deposition may be offered as evidence at trial insofar as permitted by the rules of evidence and that it may be also used for impeachment. Specifies that a witness is not unavailable if the exemption, refusal to testify, claim of lack of memory, inability, or absence of such witness is due to the procurement or wrongdoing of the party offering the deposition at the hearing or trial for the purpose of preventing the witness from attending or testifying. Allows for objections to the deposition or a part thereof in the same manner as civil proceedings. Provides for recording of the deposition. Allows the parties to agree to take a deposition without the State needing to make a motion under GS 8-74.1. Articulates the General Assembly’s intent that depositions only be taken in criminal proceedings in exceptional circumstances, as described.

Adds a Part 2, “Depositions in Civil Actions,” consisting of GS 8-76 through the rest of Article 10.  

Effective December 1, 2025.

Section 2.

Enacts GS 114-66, providing for rights of sexual assault victims related to the sexual assault evidence collection kit (if so used), as follows:

(1)          The right to information, upon request, from the appropriate person or entity of the testing status and location of the sexual assault evidence collection kit.

(2)          The right to receive written notification, upon request, from the appropriate person or entity of the intended destruction or disposal of the kit at least 60 days before the date of the intended destruction or disposal.

(3)          The right to further preservation of the sexual assault evidence collection kit in accordance with GS 15A-266.5A.

(4)          The right to have an advocate or support person present during any court proceedings.

Directs that these rights apply to both reported and unreported sexual assault examination kits. Effective December 1, 2025, and applies to sexual assault evidence collection kits in the possession of any hospital, law enforcement agency, or the Department of Public Safety on or after that date. Requires the Office of the Attorney General to prepare and publish on its website a list of those rights in plan, easily understandable language by December 1, 2025.

Section 3.

Removes “President-elect” as one of the officers in the Executive Committee of the DA Conference in GS 7A-412. Requires that the Executive committee consist of a President, Vice-President, and at least four other members of the conference (currently, committee consists of four members, President, Vice-President, and President-elect). Shortens the amount of notice that the President of the Conference or Executive Committee must give to the DA Conference in calling a meeting from 10 days to five days. Makes language gender neutral. Removes reference to clerical support in title of GS 7A-414. Effective July 1, 2025.