GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

H                                                                                                                                                    1

HOUSE BILL 564

 

 

 

 

Short Title:     Revise Exclusionary Rule.

(Public)

Sponsors:

Representative Stam.

Referred to:

Judiciary II.

March 20, 2003

A BILL TO BE ENTITLED

AN ACT to provide THAT evidence may only be suppressed in a criminal trial IF ITS exclusion is required by the constitution of the united states.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15A-974 reads as rewritten:

"§ 15A-974.  Exclusion or suppression of unlawfully obtained evidence.

Upon timely motion, evidence must may only be suppressed if:if its exclusion is required by the Constitution of the United States.

(1)       Its exclusion is required by the Constitution of the United States or the Constitution of the State of North Carolina; or

(2)       It is obtained as a result of a substantial violation of the  provisions of this Chapter. In determining whether a violation is substantial, the court must consider all the circumstances, including:

a.         The importance of the particular interest violated;

b.         The extent of the deviation from lawful conduct;

c.         The extent to which the violation was willful;

d.         The extent to which exclusion will tend to deter future violations of this Chapter."

SECTION 2.  This act becomes effective December 1, 2003, and shall apply to all criminal trials pending or commencing on or after that date.