Bill Summaries: H216 (2017-2018 Session)

  • Summary date: Jun 20 2017 - View summary

    Senate committee substitute makes the following changes to the 2nd edition.

    Deletes all provisions of the 2nd edition and replaces it with the following.

    Amends the long and short titles.

    Enacts new GS Chapter 15A, Article 54 (Reliability of In-Custody Informant Statements), consisting of one statute, GS 15A-981 (In-Custody Informant Statements). Provides that a defendant shall not be convicted of an offense or receive an aggravated sentence if the only supporting evidence presented to a judge or jury is the uncorroborated testimony of anin-custody informant (as defined). Requires the additional evidence to include evidence other than the uncorroborated testimony of another in-custody informant. Directs a judge presiding over a case in which in-custody informant testimony is presented to a jury to instruct the jury that the testimony must be scrutinized with regard to reliability, and that such jury scrutiny may include three listed factors, including whether the witness may have any interest in the outcome of the trial because of the witness's activities as an in-custody informant. Requires all interviews of in-custody informants to be recorded with a visual recording device, as specified. Failure to record does not limit the introduction of any evidence other than the statement of the in-custody informant. Directs district attorneys to 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 used as witnesses or not. Prohibits the destruction or alteration of any electronic recording of an in-custody informant interview for 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. Requires each electronic recording to be clearly identified and catalogued by law enforcement personnel. Effective December 1, 2017, and applies to offenses committed on or after that date.

    Amends GS 15A-1467 (Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim). Requires the Director of the North Carolina Innocence Inquiry Commission (Director) to provide counsel that refers a case to the Commission with a case disposition memorandum, when the claim is closed prior to formal inquiry. Applies to all cases under GS Chapter 15A, Article 92 (NC Innocence Inquiry Commission).

    Amends GS 15A-1468. Makes an organizational change. When a formal inquiry case is not presented to the Commission, requires the Director to provide a copy of the full case file to the district attorney and defense counsel when the formal inquiry is completed. For cases presented to the full commission after formal inquiry, requires the Director to make a copy of the entire case file available to the district attorney and defense counsel, as well as a copy of the uncertified and certified transcript of the Commission's proceedings. Applies to all cases under GS Chapter 15A, Article 92 (NC Innocence Inquiry Commission).

    Directs the North Carolina Courts Commission, with input from four listed entities, to study the Innocence Inquiry Commission and to look at four listed issues, including the role of the Director and Commission in eight listed matters, and whether referral to the Commission is an appropriate remedy available when a court grants a motion for appropriate relief. Requires a report to the 2018 Session of the 2017-18 General Assembly.

    Except as otherwise specified, effective when the bill becomes law.

  • Summary date: Mar 28 2017 - View summary

    House committee substitute to the 1st edition makes the following changes. Amends GS 15A-150(b) to require that the clerk of superior court send a certified copy of orders granting expunctions to the Department of Public Safety's Combined Records Section (was, to the Department of Public Safety, Division of Adult Correction and Juvenile Justice, Combined Records Section), in addition to the State Bureau of Investigation. Makes a conforming change to the act's long title.

  • Summary date: Feb 28 2017 - View summary

    Amends GS 15A-150(b), as the title indicates.