NORTH CAROLINA GENERAL ASSEMBLY
1967 SESSION

CHAPTER 187
SENATE BILL 143

AN ACT TO PROHIBIT SECRET LISTENING TO CONFERENCES BETWEEN A PERSON IN CUSTODY AND HIS ATTORNEY, AND TO PROHIBIT SECRET LISTENING TO THE DELIBERATIONS OF A GRAND JURY OR PETIT JURY.

The General Assembly of North Carolina do enact:

Section 1.  Chapter 14 of the General Statutes of North Carolina is hereby amended by adding a new Article to be designated Article 30A, entitled "Secret Listening" and to read as follows:
"Article 30A
"Secret Listening
"§ 14-227.1.  Secret Listening to Conference Between Prisoner and His Attorney. (a) It shall be unlawful for any person wilfully to overhear, or procure any other person to overhear, or attempt to overhear any spoken words between a person who is in the physical custody of a law enforcement agency or other public agency and such person's attorney, by using any electronic amplifying, transmitting, or recording device, or by any similar or other mechanical or electrical device or arrangement, without the consent or knowledge of all persons engaging in the conversation.
"(b)	No evidence procured in violation of this Section shall be admissible over objection against any person participating in such conference in any court in this State.
"§ 14-227.2.  Secret Listening to Deliberations of Grand or Petit Jury. It shall be unlawful for any person wilfully to overhear, or procure any other person to overhear, or attempt to overhear the investigations and deliberations of, or the taking of votes by, a Grand Jury or a Petit Jury in a criminal case, by using any electronic amplifying, transmitting, or recording device, or by any similar or other mechanical or electrical device or arrangement, without the consent or knowledge of said Grand Jury or Petit Jury."
Sec. 2.  All persons violating the provisions of G.S. 14-227.1 or G.S. 14-227.2 shall be guilty of a misdemeanor and punishable by fine or imprisonment in the discretion of the court.
Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 4.  This Act shall become effective upon its ratification.
In the General Assembly read three times and ratified, this the 12th day of April, 1967.