GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
H 2
HOUSE BILL 564
Committee Substitute Favorable 4/30/03
Short Title: Revise Exclusionary Rule. |
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Sponsors: |
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Referred to: |
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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.