Criminal Justice

House Bill 771 modifies criminal law procedures by expanding the ability to preserve witness testimony through depositions. It authorizes the State to take depositions from material witnesses in criminal cases under specific conditions, such as when a witness is in danger, elderly, or unlikely to be available for trial. Defendants already have the right to depose witnesses who are infirm, incapacitated, or non-residents. The bill outlines procedures for these depositions, ensuring defendants receive notice, have the right to be present, and can have legal counsel.

HB 28, the "Gun Violence Prevention Act," creates a new criminal offense for individuals convicted of a felony who possess a firearm or "weapon of mass death and destruction" (as defined in state law) during the commission or attempt of another felony. It imposes stricter penalties: a Class C felony if the weapon is discharged, Class D for brandishing (displaying the weapon), and Class F for other violations. This law applies specifically to convicted felons who already face restrictions on firearm possession, treating this additional offense as separate from the underlying felony. The bill takes effect December 1, 2025, for offenses committed on or after that date.

HB 21 creates a voluntary designation on North Carolina driver's licenses for individuals with autism spectrum disorder (ASD), as defined by state law. People with a medical diagnosis of ASD can request this designation by providing acceptable documentation, such as a healthcare professional's certification, to the Division of Motor Vehicles. The designation appears only in the license record and is accessible solely to law enforcement during interactions to promote safety - no other use is permitted. Individuals may add or remove the designation at any time without affecting their license eligibility or rights.