Bill Summary for H 307 (2025-2026)

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Summary date: 

Apr 15 2025

Bill Information:

View NCGA Bill Details2025-2026 Session
House Bill 307 (Public) Filed Wednesday, March 5, 2025
AN ACT TO SET LIMITS ON MOTIONS FOR APPROPRIATE RELIEF IN NONCAPITAL CASES; TO CREATE A NEW CRIMINAL OFFENSE FOR EXPOSING A CHILD TO A CONTROLLED SUBSTANCE; TO REQUIRE RECORDATION OF ALL CRIMINAL MATTERS IN DISTRICT COURT; TO REVISE LAWS PERTAINING TO THE DISCLOSURE AND RELEASE OF AUTOPSY INFORMATION COMPILED OR PREPARED BY THE OFFICE OF THE CHIEF MEDICAL EXAMINER; TO REVISE THE LAW GOVERNING THE GRANTING OF IMMUNITY TO WITNESSES; AND TO REPEAL THE FILIAL RESPONSIBILITY CRIME.
Intro. by Stevens.

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Bill summary

House committee substitute to the 1st edition makes the following changes. Makes organizational changes.  Makes conforming changes to act’s long title.

Section 1.

Now sets two-year deadline (was, 120-day deadline) from the latest of five listed events in GS 15A-1415 for filing of postconviction motion for appropriate relief in noncapital cases.

Removes provisions constitution prior Section 2, which added xylazine to the list of Schedule II controlled substances in GS 90-91, and kratom (defined) to the list of Schedule IV controlled substances in GS 90-94.

Section 3 (was, Section 4).

Allows a judge to order a recording of a district court proceeding to be stopped for a legal reason, which must be stated on the record before the recording is paused and again when the recording resumes. Requires the judge to provide information on what transpired during the time the recording was stopped. Makes technical changes. Now designates the recording a public record. Prevents the clerk from editing the audio or preparing a written transcript. Requires that the audio recordings be retained for at least 90 days. Makes conforming changes.

Section 4 (was, Section 5).

Further modifies GS 130A-385 (duties of medical examiners), as follows. Now triggers the treatment of the listed materials as part of a criminal investigation in GS 130A-385 upon notice from the investigating or prosecuting entity. Specifies that autopsy photographs or video or audio records can only be disclosed or released pursuant to GS 130A-389.1 (governing those recordings made pursuant to autopsy).  Specifies that only finalized reports may be released to the specified persons, which now also includes (1) a beneficiary of a benefit or claim associated with the decedent for purposes of receiving the benefit or resolving the claim, or (2) to the decedent's spouse, child or stepchild, parent or stepparent, sibling, or legal guardian. Expands authorized disclosures to include: (1) when necessary to conduct a thorough and complete death investigation, to consult with outside physicians and other professionals during the death investigation, and to conduct necessary toxicological screenings and (2) when disclosing information to the investigating public law enforcement agency or prosecuting district attorney. Provides for notice by the investigating or prosecuting entity of the conclusion of the investigation. Specifies that the Office of the Chief Medical Examiner (OCME) and its staff, the county medical examiner, and the autopsy center and its staff have no liability for relying upon such notices.

Designates listed records and other information that is compiled, prepared, or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief Medical Examiner, a county medical examiner appointed under GS 130A-382, an investigating medical examiner, or an autopsy center in connection with the death of a child who was under 18 years of age at the time of death, including any autopsy photographs or video or audio recordings, as confidential, only to be disclosed or released: (1) with the prior written consent of the deceased child's parent or guardian or (2) a person standing in loco parentis to the deceased child to the personal representative of the decedent’s estate to enable them to fulfill their duties under law.

Specifies that no person is guilty of a Class 1 misdemeanor for disclosing, releasing, possessing, or disseminating records or materials if, at the time of the disclosure, release, possession, or dissemination, notice that the record or material is a record of a criminal investigation had not been provided as required by GS 130A-385. Directs the Chief Medical Examiner to provide the finalized autopsy report to the Commissioner of Labor upon written request within five months from the date of the request. Makes organizational, clarifying, and conforming changes.

Makes conforming changes to GS 130A-389(a) (autopsies),GS 130A-389.1 (photos, video, or audio recordings made pursuant to autopsy), and GS 132-1.8 (confidentiality of photos, video, or audio recordings made pursuant to autopsy).

Removes provisions that would have granted standing to the DA of the prosecutorial district standing to appear and be heard in matters where the State is a party triggering the Attorney General’s duties under GS 114-2 as well as changes to GS 7A-61.

Section 6.

Repeals the crime of filial responsibility under GS 14-326.1. Applies to offenses committed on or after July 1, 2025.