Bill Summaries: all (2015-2016 Session)

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  • Summary date: Jul 7 2016 - View summary

    AN ACT TO MAKE VARIOUS AMENDMENTS TO THE LAWS REGARDING THE INNOCENCE COMMISSION. Enacted June 30, 2016. Effective August 1, 2016.


  • Summary date: Jun 24 2016 - View summary

    Senate amendment makes the following changes to the 3rd edition.

    Deletes proposed subsection (e) to GS 14A-1471, which authorized the Innocence Inquiry Commission chair, in the chair's judicial capacity, to direct the Commission staff to search any state or local governmental agency where files or evidence relating to a claim of factual innocence are reasonably likely to be stored.

    Makes technical changes.


  • Summary date: Jun 23 2016 - View summary

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

    Section 1

    Deletes proposed subsection (b) to GS 15A-1475, which required the North Carolina Innocence Inquiry Commission (Commission) to submit a semi-annual report to the Director of the Administrative Office of the Courts with data on the Commission's operations, expenses, and needs. Makes conforming changes.

    Amends GS 15A-1460, which defines terms as they apply to Article 92 (North Carolina Innocence Inquiry Commission) of GS Chapter 15A, to add a new subsection to define formal inquiry to mean the stage of an investigation when the Commission has entered into a signed agreement with the original complaint and the Commission has made efforts to notify the victim.

    Section 2

    Amends GS 15A-1465(a), concerning the Director of the North Carolina Innocence Inquiry Commission (Director)and other staff of the Commission, to require the Director to report to the Director of the Administrative Office of the Courts, who must consult with the Commission chair. Makes technical changes.

    Section 3

    Deletes proposed subsection (h) to GS 15A-1467, concerning claims of innocence, waiver of a convicted person's procedural safeguards and privileges, formal inquiry, and notification of the crime victim, which required the Director to provide a confidential case status update to the district court attorney and defense counsel, or to the referring counsel, for each case in formal inquiry. Instead, amends GS 15A-1467 as follows.

    Amends subsection (a) to provide that a claim of factual innocence for any conviction (previously, a claim of factual innocence) may be referred to the Commission by any court, a State or local agency, or a claimant's counsel (previously, included a claimant). Establishes that a claim of factual innocence for convictions of homicide pursuant to Article 6 of GS Chapter 14, robbery pursuant to Article 17 of GS Chapter 14, any offense requiring registration pursuant to Article 27A of GS Chapter 14, and any Class A through E felony may be made directly by the claimant. Establishes that a claimant who received notice pursuant to subsection (c1) of the statute and did not make a claim of factual innocence is barred from investigation of a claim of factual innocence by the Commission absent a showing of good cause and approval of the Commission Chair. 

    Current subsection (b) requires the Director of the Commission to obtain a signed agreement by the convicted person in which the convicted person waives his or her procedural safeguards and privileges, agrees to cooperate with the Commission, and agrees to provide full disclosure regarding all inquiry requirements of the Commission, before a formal inquiry into a claim of innocence can be made by the Commission. Current law requires that the convicted person has the right to advice of counsel prior to the execution of the agreement pursuant to subsection (b), and, if formal inquiry is granted, throughout the formal inquiry. Provides that, if counsel does not represent the convicted person, the Commission Chair is to determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel by Indigent Defense Services (IDS) (previously, did not specify IDS to appoint counsel) for the purpose of advising on the agreement. Further, provides that if the convicted person has requested a specific attorney with knowledge of the case, the Director is to inform IDS of that request for their consideration.

    Adds new subsection (b1) to prohibit the Commission from conducting forensic testing and claimant interviews prior to obtaining a signed agreement from the convicted person.

    Adds new subsection (c1) to provide, absent a showing of good cause and approval by the Commission chair, if a formal inquiry regarding a claim of factual innocence is granted, the Commission must use all due diligence to notify each codefendant of the claim and conduct an investigation, and if the codefendant wishes to file a claim, they must do so within 60 days from receipt of the notice or their claim can be barred from future investigation by the Commission.

    Adds new subsection (c2) to provide that, if a formal inquiry regarding a claim of innocence is granted, the Director must provide a confidential case status update for each case in formal inquiry to the District Attorney, and the convicted person, or counsel, at least once every six months. Provides that, if there is no defense counsel, the update must be provided to the District Attorney, the convicted person, and referring counsel, if any. Requires the case status update to include a summary of the actions taken since the last update and the results of any forensic testing that has been conducted.

    Section 4

    Amends the proposed revisions to GS 15A-1468(a), concerning Commission proceedings, to establish that the Commission's rules of operation that apply to any public hearing held in accordance with the statute cannot exclude the district attorney or defense counsel from any portion of the hearing. Amends the proposed revision to subsection (a1), which authorizes the Commission chair, in the chair's judicial capacity, to compel testimony or the production of other information if the chair determines that the witness's testimony will likely be material to the investigation and necessary (previously, material to the investigation necessary) to reach a correct factual determination in the case at hand. Amends subsection (a2), which provides for a prehearing conference, to clarify that the District Attorney, or designee, must be provided (1) an opportunity to inspect any evidence that may be presented to the Commission that has not previously been presented to any judicial officer or body and (2) any information that the District Attorney, or the District Attorney's designee, deems relevant to the proceedings (previously, any information that he or she deems relevant to the proceedings). Further provides that, at least 72 hours (previously, 24 hours) prior to any Commission proceedings, the District Attorney or designee is authorized to provide the Commission with a written statement, which is to be part of the record.

    Adds new subsection to provide that, at any point in the formal inquiry regarding a claim of factual innocence, the District Attorney and the convicted person or the convicted person's counsel can agree that there is sufficient evidence to merit judicial review by the three-judge panel and bypass the eight-member panel. Requires that the Director and Chair of the Commission be notified in writing of the agreement.

    Deletes proposed subsection (f), and instead provides the following in proposed subsection (g). Establishes that, except as otherwise provided in the statute, all files and records not filed with the clerk of superior court or present at the Commission hearings are confidential and exempt from the public record. Requires that, if the Commission concludes there is sufficient evidence of factual innocence to merit judicial review, the Commission must make a copy of the entire file available to the district attorney and defense counsel. In addition, upon availability, requires the Commission to provide the district attorney and defense counsel a copy of the uncertified and certified transcript of the Commission's proceedings. Establishes that, absent a judicial finding of malicious conduct, the Commission and Commission staff are not civilly liable for acting in compliance with proposed subsection (g). Moves the language of proposed subsection (g) to new subsection (h).

    Section 5

    Amends GS 15A-1469(a), concerning the postcommission three-judge panel, to direct that, if the Commission concludes, or the district attorney and the convicted person's counsel agree pursuant to GS 15A-1468(f), as enacted by the act (previously, if the Commission concludes), there is sufficient evidence of factual innocence to merit judicial review, the Chair of the Commission is to request the Chief Justice to appoint a three-judge panel, as specified. Amends subsection (b) to clarify that the senior resident superior court judge in the district court of original jurisdiction (previously, did not clarify in the district of original jurisdiction) must enter an order setting the case for hearing at the special session of superior court for which the three-judge panel is commissioned and require the State to file a response to the Commission's opinion within 90 days of the date of the order.

    Adds new subsection (b1) to establish that the Commission's entire file, including files obtained from other agencies, is to be unencumbered by protective orders when transferred to the district attorney and defense counsel pursuant to subsection (g), unless: (1) the district attorney and defense counsel have consented to a protective order over a portion of the file or (2) the district attorney and defense counsel have been given an opportunity to be heard by the senior judge of the three-judge panel before a protective order is issued.

    Amends subsection (e) to clarify that the senior resident superior court judge in the district of original jurisdiction is to determine the convicted person's indigency status, and if appropriate, enter an order for the appointment of counsel by IDS (previously, did not specify IDS to appoint counsel). Establishes that, if the convicted person has requested a specific attorney with knowledge of the case, the Director must inform IDS of that request for their consideration.

    Section 6

    Amends proposed subsection (e) of GS 15A-1471 to provide that the Commission chair, in the chair's judicial capacity, has the authority to direct the Commission staff to search any state or local governmental agency where files or evidence relating to a claim of factual innocence are reasonably likely to be stored (previously, upon request, the Commission has the authority to search any location where files or evidence are reasonably likely to be stored relating to a claim subject to the Commission's inquiry). Makes the proposed language gender neutral.

    Section 7

    Provides that the act is effective August 1, 2016, and applies to any claim filed on or after that date (previously, effective when the act becomes law). Establishes that nothing in the act abates a claim filed prior to that date or invalidates any action taken on a claim prior to that date.


  • Summary date: Apr 29 2015 - View summary

    House committee substitute makes the following changes to the 1st edition.

    Deletes proposed changes to GS 15A-1465(a) and GS 15A-1466.

    Amends GS 15A-1475 to require the North Carolina Innocence Inquiry Commission (Commission) to submit a semi-annual report to the Director of the Administrative Office of the Courts with data on the Commission's operations, expenses, and needs.

    Amends GS 15A-1467 to remove proposed (c1) concerning rights of co-defendants when a formal inquiry is granted. Also amends proposed (h) to no loner specify that the confidential case status update for each case in formal inquiry include a summary of the actions taken since the last update.

    Amends GS 15A-1468 as follows. Requires that the written statement the District Attorney gives to the Commission be part of the record and no longer requires that the statement convey his or her position on the case. Requires the record in support of an opinion to also be filed when a case is referred to the senior resident superior court judge. Also reinstates the requirement that the Commission document the opinion that there is insufficient evidence of factual innocence to merit judicial review, along with supporting findings of fact, and file those documents and supporting materials with the clerk of superior court (was, Commission must file only the opinion with supporting findings of fact). Makes clarifying changes. No longer deletes the provision in (d) requiring disclosure of evidence favorable to the convicted person. Requires that the supporting records for the Commission's conclusion that there is sufficient evidence of factual innocence to merit judicial review, including all files and material considered by the Commission and a full transcript of the hearing, be public when filed with the superior court. Deletes proposed language requiring one copy of the Commission file, excluding documents protected by a protective order, be disclosed to the parties after completion of formal inquiry or upon becoming available in an uncertified form. Adds that all files and records not filed with the clerk of superior court or presented at the hearings are confidential and exempt from the public record. Requires the Commission to make a copy of the entire fire available to the district attorney and defense counsel upon completion of the hearing. Provides that the file remains confidential and may not be released by the district attorney or defense counsel until filed with the clerk of superior court. Allows the district attorney and defense counsel to determine which evidence, if any, will be presented to the three-judge panel.

    Adds a section amending GS 15A-1471 to give the Commission the authority, when requested, to search any location where files or evidence are reasonably likely to be stored in relation to a claim subject to the Commission's inquiry. Sets out additional procedural requirements for such a search.


  • Summary date: Apr 28 2015 - View summary

    House committee substitute to the 1st edition is to be summarized.


  • Summary date: Apr 14 2015 - View summary

    Amends GS 15A-1465(a) to require the Director of the Innocence Commission (Director) to report to the Director of the Administrative Office of the Courts.

    Amends GS 15A-1466 to add a new requirement that the Director of the Innocence Commission submit annual reports to the Director of the Administrative Office of the Courts.

    Amends GS 15A-1467 to require that, if the Innocence Commission grants a formal inquiry, the Director must use all due diligence to contact codefendants. Codefendants must be given an opportunity to have their cases investigated simultaneously. Also requires the Director to provide confidential case status updates at least every six months to the district attorney, defense counsel, and referring counsel (if any).

    Amends GS 15A-1468, subsection (a), to remove language that provided the Commission with discretion as to whether hearings would be public. Revised language provides that at the conclusion of an inquiry, all relevant evidence must be presented to the full Commission in a public hearing. Makes clarifying changes.

    Amends subsection (a2) to clarify a requirement that the district attorney must be given an opportunity to provide the Commission with a written statement conveying his or her position before any Commission proceeding. Provides that the district attorney must be provided at least 24 hours notice to do so before any such proceeding.

    Amends subsection (c) to clarify who must be provided with the Commission's opinion and other information after a Commission decision. Requires that the Commission send the opinion to the convicted person or that person's counsel. Deletes requirement that the Commission send copies of documents and supporting materials.

    Amends subsection (d) to delete the requirement that the Commission provide evidence favorable to the convicted person to that person or that person's counsel.

    Amends subsection (e) to delete language which made all records and proceedings of the Commission  confidential and exempt from public records and public meetings laws. Adds language requiring a full copy of the file, including a full transcript but excluding any information subject to a protective order, be provided to all parties. Requires that the district attorney and the convicted person must have the opportunity to be heard on any request for a protective order. Clarifies that all documents become public record when entered into evidence in superior court by either party (was, at the time of referral to superior court).

    Makes technical and conforming changes.