A BILL TO BE ENTITLED
AN ACT to increase the reliability of in‑custody informant statements.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 15A of the General Statutes is amended by adding a new Article to read:
"Article 54.
"Reliability of In‑Custody Informant Statements.
"§ 15A‑981.  Corroboration of in‑custody informant statement.
(a)	Definition.  ̶  As used in this section, the term "in‑custody informant" means a person, other than a co‑defendant, accomplice, or co‑conspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held within a city or county jail or a State correctional institution or otherwise confined, where statements relate to offenses that occurred outside of the confinement.
(b)	Corroboration of In‑Custody Informant Testimony.  ̶  A defendant shall not be convicted of an offense or receive an aggravated sentence based solely on the testimony of an in‑custody informant unless the testimony is corroborated by some other evidence independently tending to connect the defendant with the offense committed. Corroboration of an in‑custody informant shall not be provided by the testimony of another in‑custody informant. Corroboration is not sufficient for the purpose of this Article if the corroboration only shows that the offense was committed.
(c)	Jury Instruction Regarding In‑Custody Informant Testimony.  ̶  In any case in which in‑custody informant testimony is presented to the jury, the judge shall instruct the jury that the in‑custody informant's testimony must be scrutinized with regard to reliability and that, in considering the reliability of the in‑custody informant, the jury may consider any of the following:
(1)	Whether the witness has received, has been promised, or could have reasonably expected any inducement in exchange for testimony.
(2)	Whether the witness has ever recanted or otherwise changed the witness' testimony during the investigation or prosecution of the case.
(3)	The general character of the witness, including his or her criminal history.
(4)	The nature of the relationship between the defendant and the witness.
(5)	Whether there is any evidence that tends to independently corroborate the witness' testimony.
(6)	Any other evidence that may attest to or diminish the reliability of the witness.
(d)	Policies and Procedures Governing the Recording and Use of Testimony.  ̶  Each district attorney shall establish policies and procedures governing the recording and use of in‑custody informant Testimony, including maintenance of a central file preserving all records relating to contacts with in‑custody informants, whether they are used as witnesses or not.
(e)	Recording of In‑Custody Informant Interview.  ̶  All interviews of in‑custody informants shall be recorded using a visual recording device that provides an authentic, accurate, unaltered, and uninterrupted record of the interview that clearly shows both the interviewer and the in‑custody informant.
(f)	Destruction or Modification of Recording After Appeals Exhausted.  ̶  The State shall not destroy or alter any electronic recording of an in‑custody informant interview until one year after the completion of all State and federal appeals of the conviction, including the exhaustion of any appeal of any motion for appropriate relief or habeas corpus proceedings. Every electronic recording shall be clearly identified and catalogued by law enforcement personnel."
SECTION 2.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date.