Under the Dome Updates: Domestic violence victims could be allowed to testify remotely

Good morning. All day we’ll be bringing you updates from what looks to be a busy Tuesday at the Legislative Building.

The state Senate is expected to vote on whether to send Gov. Roy Cooper another bill he has previously vetoed.

This time, it’s about control over the state’s schools for deaf and blind students. The House has already passed the bill, which would create boards of trustees for the Governor Morehead School for the Blind in Raleigh, the Eastern North Carolina School for the Deaf in Wilson and the North Carolina School for the Deaf in Morganton.

The Senate is also likely to vote on a bill to let schools renew the licenses of teachers who failed licensure exams, as the schools grapple with a teacher shortage. Currently teachers who have failed their licensure exams can get only a limited three-year license that’s not renewable.

In the House, a bill legalizing sports betting is up for a committee hearing. The measure would have to move through four committees just to make it to the House floor, a process that starts Tuesday.

Another House committee will take up Tuesday a bill that supporters say would keep Critical Race Theory out of schools. Critics say the bill’s new rules about how to teach racism and sexism would lead to a whitewashing of history.

1:30 p.m.: Senate advances protections for DV victims

A bill that would expand the ability to testify remotely in court to victims of domestic violence who feel intimidated or uncomfortable around their abusers advanced in the Senate on Tuesday.

Senate Bill 51, also known as Kayla’s Act, would allow domestic violence victims to testify remotely during trials if the defendant doesn’t object after receiving notice, or if the court finds that the witness “would suffer serious emotional distress” by testifying in the defendant’s presence.

The bill would also increase the statute of limitations for domestic violence misdemeanors from two years to 10 years, and would create a new exception allowing hearsay statements to be admitted into evidence if the defendant caused the witness’s unavailability with the intent to prevent them from testifying.

SB 51 was introduced by Robeson County GOP Sen. Danny Britt and other lawmakers last month in response to the death of 31-year-old Kayla Hammonds, who was stabbed to death in November outside a Food Lion in Lumberton. Authorities later charged her ex-boyfriend Desmond Sampson with first-degree murder and violating a domestic violence protective order, according to WPDE.

Hammonds’ mother and grandfather spoke in support of the bill Tuesday during a press conference and committee meeting. Her mother, Sherry, said she believed her daughter would still be alive today if SB 51 had been in place when Kayla tried to pursue charges against her ex-boyfriend.

Hammonds didn’t show up to some court hearings out of fear, her family says, so some of the charges against Sampson were dropped.

“It’s just really hard, on a day-to-day basis, knowing what happened to her and why it happened,” Sherry Hammonds said. “It should not have happened that way. She should have had better protection. There should be better laws out there for domestic violence women and men.”

Britt, himself a criminal defense attorney, and Matthew Scott, the district attorney for Robeson County, both said that it’s critical to allow domestic violence victims to testify in a way that makes them feel safe.

“Testifying in court can be a very scary thing, especially to individuals who are survivors in domestic violence situations,” Britt said. “Threats and intimidation can dissuade survivors from showing up to court hearings; things as small as a glare or glance, comments in the hallway can cause someone simply to not want to feel comfortable showing up and testifying against their abuser.”

The Senate Judiciary Committee approved the bill Tuesday after passing two minor amendments. The bill is expected to be heard by the Rules Committee on Wednesday, and Britt said it could get a vote on the Senate floor next week.

A companion bill has been introduced in the House by Robeson County GOP Rep. Jarrod Lowery.

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