GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
H D
HOUSE DRH60140-RK-10 (3/18)
Short Title: Revise Exclusionary Rule. |
(Public) |
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Sponsors: |
Representative Stam. |
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Referred to: |
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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.