GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

H                                                                                                                                                    2

HOUSE BILL 564

Committee Substitute Favorable 4/30/03

 

 

 

Short Title:     Revise Exclusionary Rule.

(Public)

Sponsors:

 

Referred to:

 

March 20, 2003

A BILL TO BE ENTITLED

AN ACT to provide FOR A GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE.

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 be suppressed if:only if its exclusion is required by the United States Constitution or the North Carolina Constitution. Notwithstanding the provisions of this section, evidence shall not be suppressed for any constitutional violation if the official who committed the violation was acting in the good faith belief that the violative conduct was legal.

(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 applies to all criminal trials pending or commencing on or after that date.